Tampa DUI Lawyer Blog

A 37-year-old Marion County resident faces charges of DUI, reckless driving and child neglect after allegedly driving drunk and nearly colliding into two police cruisers with a child in tow.

The Ocala woman was arrested in Gainesville Saturday morning around 5:30 a.m. after a police officer supposedly witnessed the woman driving without her headlights on and almost crashing into a patrol car in the median. According to the officer’s report, the woman almost crashed into another police unit head-on before being pulled over.

The woman’s 9-year-old daughter was reportedly asleep in the back seat without a seat belt on.
According to the report, the woman allegedly believed she was in Ocala. Her blood alcohol content was recorded as .151.

Being accused of driving drunk in the state of Florida is a grave offense that needs to be attacked immediately following your citation for DUI. You could face serious consequences including jail time, points on your license, court costs, fines and DUI School. Increased penalties apply for a Florida DUI when a child is present in the vehicle; a situation like this could double your jail time and fines.

Following your citation for DUI, you can still drive legally for 10 days from when you were ticketed. After the 10 days are up, your license is administratively suspended. By contacting Whittel & Melton right away, we can request an administrative hearing within these 10 days to challenge whether there was probable cause to seize your license. In all DUI matters it is important to act fast and not wait to handle any matters associated with the charges.

Reckless driving is a lesser included offense for DUI. In many cases a skilled attorney can get your DUI reduced to reckless driving when the prosecutor’s case is weak or lacks the evidence needed to prove DUI. If you are found guilty of reckless driving, your license typically will not be suspended nor will you have a DUI on your record.

Continue reading "Gainesville DUI Attorneys Whittel & Melton :: Ocala Woman Arrested for DUI in Alachua County" »

A Waldo, Florida homeless man arrested for cycling under the influence (DUI) Monday has also been charged with making videotaped threats against the officer who arrested him and against the officer's family.

The 49-year-old man was noticed by a Waldo police officer around 8 p.m. struggling to control his bike and running a stop sign.

After the man was stopped by the officer he released some jail paperwork as a means to identify himself. The officer performed several breath tests on the man which resulted in registered blood alcohol levels of .158 and .149.

The man was arrested and placed in the backseat of the patrol car where the in-car video camera allegedly captured him threatening the officer through statements about sexual assaults on his family members and hiring someone to shoot a shotgun in his presence.

The man has served three prison terms since 1987 for convictions of escape, trafficking in stolen property and burglary with assault.

The man was charged with DUI and corruption by threat against a public servant and transported to the Alachua County jail.

Florida law provides the most zealous of prosecutors an avenue to prosecute folks for DUI when riding a bike with a blood alcohol level of 0.08 or greater. In Florida, the driver of a vehicle who drives with a blood alcohol content of 0.08 or more or while normal faculties are impaired can be found guilty of DUI. Not all states recognize a bicycle as a proper vehicle for prosecuting a DUI, however, Florida has a tradition which includes DUI convictions for bikes, golf carts, scooters, mopeds, motorized wheel chairs and even horses, yes, I said horses.

Continue reading "Gainesville, FL DUI Lawyer :: Homeless Man Arrested for Riding his Bike Intoxicated and Threatening an Officer" »

Around 5 a.m. on Sunday morning, a Gainesville, Florida man was arrested with charges of driving under the influence and aggravated assault with a deadly weapon in the parking lot of a Taco Bell restaurant. The man supposedly threatened another man in the parking lot with a handgun.

The Gainesville, FL man charged with DUI and aggravated assault with a deadly weapon allegedly pointed his handgun outfitted with a laser sight at a man who passed his vehicle in order to enter the drive-thru lane.

A Gainesville Police officer responded to the scene and performed a field sobriety test on the man, which he reportedly failed. A breath sample was also apparently provided that indicated the man was beyond the legal level for alcohol, according to an arrest report. The officer recovered a loaded semi-automatic handgun with laser sight from the Gainesville man’s pocket, according to the Gainesville Sun.

In Alachua County, if you wish to dispute your DUI suspension you have only 10 days from the time you were arrested to appeal the instantaneous suspension. Unlike criminal charges, DUI arrests are unique in the eyes of Florida law. Depending on the circumstances leading up to a DUI arrest and the defendant’s prior record, the case can have many possible conclusions.

Continue reading "Gainesville, Florida DUI Attorney News :: When hunger attacks: FourthMeal gone wrong" »

Fast food can be very bad for you, but who knew this bad? Yesterday, a woman mistook a police officer for a Sonic car hop and as a result, was charged with DUI and possession of drug paraphernalia. According to the Associated Press, a 911 caller reported the woman after she nearly struck several vehicles before pulling into the drive-in.

When they arrived, law enforcement found the woman slumped over the steering wheel. When a female officer tried to get the woman's attention, the woman handed her a $20 bill, continuing to offer it even the officer identified herself. The woman was arrested and the officer found a syringe, a spoon with white powdery residue and numerous bottles of prescription medicine in the car.

While this is a case from Tennessee, it is important to know that the State of Florida has signed on to an Interstate Driver's License Compact in conjunction with approximately 45 states and the District of Columbia. What does this mean for a driver from another state who is arrested for DUI in Florida? Florida DUI conviction will likely be reported to your home state, which as a result of the Florida conviction, will usually take steps to suspend your driver’s license.

Continue reading "Officer, can I have fries with that? Woman mistakes cop for Sonic car hop and is charged DUI" »

According to the Gainesville Sun, a 25 year-old Chiefland man was arrested with minor injuries after he allegedly struck another vehicle leaving the driver of that vehicle hospitalized. To make matters worse, the charges also allege that he not only committed Driving Under the Influence, but he allegedly left the scene of the accident and did not have a valid Florida Driver’s License.

Florida Highway Patrol has indicated that the driver, and future Levy county Defendant, was spotted weaving in and out of his lane before hitting the victim’s car. The accident occurred in between Bronson and Williston on Alternate U.S. 27.

The defendant will soon learn that he potentially faces multiple Levy County charges. To start with, the defendant's car had one passenger and the victim’s vehicle had three passengers. That means that he could potentially could face one count of DUI with injury for each passenger, four counts in total. Further, the injuries of the victim driver appear to be serious, therefore it is likely he could face DUI with Serious Bodily Injury, a third degree felony under Florida law. In order to prove this enhanced DUI charge, the prosecutors will be obligated to show a nexus between the drinking and driving and the injuries sustained, i.e. that the “drunk driving” of the defendant caused the accident, thus creating the injuries-- rather than some other contributing force or conduct of the other driver themselves.

Secondly, the defendant could face the charge of Leaving the Scene of an Accident (LSA). Like DUI, LSA is normally charged as a first degree misdemeanor, however, LSA can also have a felony enhancement due to the severity of the accident, since reports are that he fled the scene. If the accident involves injuries, the State Attorney's Office can file the third degree felony charge of Leaving the Scene of an Accident with injuries. A third degree felony can expose an individual up to a maximum of five years State prison. In order to prove LSA with injuries, the State prosecutors will need to prove:

1) Criminal Defendant was the driver of a vehicle involved in an accident resulting in injury; and
2) Criminal Defendant knew or should have known that he was involved in the accident; and
3) Criminal Defendant knew or should have known that the victim was injured; and
4) Criminal Defendant either willfully failed to stop and render assistance and/or did not leave any indentifying information to law enforcement/ victim/ etc.

Lastly, the defendant could potentially face the second degree misdemeanor charge of No Valid Drivers License (NVDL). This charge appears to be the least of his worries, but it certainly will not be missed by the presiding Levy County Judge or prosecutor and could allow the court to sentence him to more prison and/or jail time time.

Continue reading "Levy County/ Gainesville Criminal Defense Lawyer Jason Melton Discusses a Recent Arrest for DUI, LSA with Injuries and NVDL" »