Tampa DUI Lawyer Blog

According to scores of reports, the former Tampa celebrity was arrested for DUI in New York City, however not due to excessive use of alcohol, but rather smoking marijuana.
Most states in this country, including both Florida and New York, have DUI or DWI laws against operating a motor vehicle while being under the influence of any drugs or alcohol to the extent that their normal faculties are impaired.

In Florida, this simple definition is tested everyday as Florida residents, often under the care of a physician, operate motor vehicles while taking their prescribed medication. Like driving under the influence of medication, marijuana is judged similarly. The central legal issue will not simply be whether Mr. Simms was smoking pot before he got behind the wheel, but instead whether his alleged use of marijuana impaired his ability to operate a motor vehicle under New York law. Testimony about Mr. Simm’s driving pattern and demeanor at the scene will most definitely be part of the prosecution’s case. It has been reported that Mr. Simms also allegedly admitted to smoking marijuana to law enforcement.

On a personal note, I’ve never understood why anyone would drive a vehicle after drinking in New York City, as it is the easiest city in the United States to get a cab. Apparently for Chris, being the son of former N.Y. Giant’s Super Bowl Quarterback Phil Simms was not enough to escape the DUI charge.

Continue reading "Former Tampa Bay Buccaneers QB Chris Simms Arrested for DUI " »

Most Florida DUI lawyers don’t care for Roadblocks or Checkpoints, as Florida law enforcement is empowered with so many other more specific tactics to focus on DUI arrests. However, the Supreme Court has allowed these types of warrantless stops under certain provisions and the Ocala Star-Banner is reporting another will occur very soon.

The Ocala and Belleview Police Departments will be out on Friday and Saturday at the 3800 block of East State Road 40 at 7:30 p.m. and will last until early Saturday.

Florida law holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case, where cops are either called to the scene of an accident or stop an individual for a traffic infraction; in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community—a right the U.S. Supreme Court has established as a fundamental constitutional right.

Continue reading "Ocala DUI Officers Cast Wide Net :: Ocala DUI Checkpoint Friday and Saturday" »

A 44-year-old investigator and researcher for the Pasco-Pinellas State Attorney's Office has been arrested for allegedly driving under the influence, possession of a controlled substance and trafficking hydrocodone.

Tampa Bay Online is reporting that an Amscot Financial employee noticed a woman slumped over the wheel of her car early Sunday morning and then called for help.

Florida Highway Patrol reports say that the two law enforcement officers who were first on scene noted that her balance was unsteady and she had "extremely slurred speech." A trooper asked the woman to do field sobriety checks—and she performed poorly, often swaying and nearly falling asleep while standing, the report states. She reportedly told the trooper she's had numerous back surgeries and takes a lot of prescription medicine for the pain. She refused to give law enforcement a urine sample, but admitted to having prescription drugs in her system. There were also bottles of prescriptions found in her car.

Even though prosecutors don’t have a breath sample to gage whether this woman was under the influence of alcohol or a urine sample to ascertain the level of drugs in her system, they can rely on her admission as well as the pills found in her car to support their case for DUI. As for the drug trafficking charge, the threshold is very low for the amount of prescriptions that arise to trafficking the substance. I have noticed a trend as of late where prosecutors have been aggressively pursuing drug trafficking charges when it’s clear that the drug confiscated are for personal use. I’m interested to see if this trend continues in the new year.

The Pasco County DUI attorneys at the Law Offices of Jason M. Melton have handed DUI cases involving drugs, alcohol and car accidents. If you or someone you know has been charged with DUI, please contact our offices at (727) 847-2299 or online to set up a consultation.

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" »

This new report is pretty unbelievable. The Orlando Sentinel is reporting that a central Florida man has been charged with driving under the influence after Marion County law enforcement said he crashed a stolen riding lawnmower into a school bus.

The Marion County Sheriff's Office reports that two men were riding the lawnmower down a Belleview road last week when a deputy responded to the area. The mower had been reported stolen from an Ocklawaha home earlier that morning. According to the deputy on the scene, the driver’s breath smelled like alcohol and was uncooperative. He was charged with DUI, threat to a public servant, criminal mischief and grand theft.

Did you know that roadside exercises are voluntary or that law enforcement must have probable cause to ask you for a breath sample? The Marion County DUI attorneys at the Law Offices of Jason M. Melton understand the intricacies of DUI investigations and have obtained dismissals and suppression of evidence for many of their clients because law enforcement didn’t follow the proper investigative procedures. If you have been charged with a DUI, contact us at 352-726-0078. Don’t face the judge alone.

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" »

According to reports from Ocala.com, the Marion County Sheriff’s Office, in conjunction with the Florida Highway Patrol, set up a DUI checkpoint on South Magnolia Avenue Friday night.

Law enforcement reported that of the 440 cars that passed through the area, four drivers were given traffic infraction citations; there was one arrest for DUI and one arrest for driving while license is suspended or revoked; one arrest for possession of marijuana; and one citation given for having an open alcohol container in the car.

Florida Law Enforcement has a manual that establishes policies and procedures for DUI checkpoints. (FDLE DUI Checkpoint manual can be found here.) For example, an operational plan for the checkpoint must be put in writing 10 days prior to the checkpoint date. And, according to this manual, “a driver's effort to avoid a checkpoint is not sufficient to justify the stopping of a vehicle. Probable cause or reasonable suspicion of criminal activity or other traffic related violations must occur in order to warrant the stopping of a vehicle.” The failure of law enforcement to follow the procedures set out in this manual may call into question the validity of checkpoint and render any arrests arising from the stop illegal.

Continue reading "Checkpoint results in Marion County DUI and DWLS arrests" »

Ocala law enforcement apparently got an eyeful this week when they stopped a naked man speeding on a motorcycle on 1-75. According to reports, after being stopped, the man could not explain where he was coming from or why he was naked. He admitted to drinking that day and eventually submitted to a breathalyzer test that revealed a BAC above the legal limit of .08 and he was arrested for DUI.

Background checks revealed that this was the man’s alleged fifth DUI. In Florida, a 5th DUI arrest can be charged by the State Attorney’s Office as a felony and can subject a defendant to up to five (5) years in Florida State Prison. It is unclear at this time how the Marion County State Attorney’s office will charge this man, but under Florida Statute they have 21 days to make a charging decision.

Continue reading "Naked Motorcyclist Charged with Ocala DUI" »

Hernando Today is reporting that two Spring Hill people were arrested Tuesday for DUI—while they were on their bicycle. As unlikely as that seems, under Florida law, it’s completely permissible.

Under the law, both bicyclists and drivers have a duty to obey all traffic regulations and that includes driving under the influence of drugs or alcohol.

Even when I was a prosecutor prosecuting DUIs on a daily basis, I never saw the point of charging bicyclists with DUI. The public safety concerns that were the impetus behind the prohibition of drunk driving are less of a factor in impaired bicyclist cases. The fear that a drunk drivers can seriously injure or kill themselves or others is a valid one and the penalties surrounding DUI and the required punishments for a DUI conviction are logically related to those concerns. If you are convicted for DUI, among other things, your driving privileges are taken away, and you can have an ignition interlock device put on your car. An ignition interlock device forces a driver to blow into a sobriety gauge before the vehicle will start.

One of the allegedly impaired bicyclists recognized the irrationality of being charged with DUI on a bicycle when he said to officers, "What are you going do to do, give me an interlock device on my bicycle?" But that’s essentially the argument that has to be made. The punishment should fit the crime and in this case the punishment doesn’t relate to the crime, nor does it deter it.

Continue reading "Two Bicyclists charged with Spring Hill DUIs" »

According to reports, Karlee Leliani Perez, aka as "Liviana" and “Candy Girl” in World Wrestling Entertainment’s (WWE) developmental promotion Florida Championship Wrestling, got the so-called smack down from law enforcement when she was arrested this summer for driving under the influence. Perez was stopped at Kennedy Boulevard and Moody Avenue in South Tampa.

The number of DUI convictions a person has in their past as well as whether there was an accident involving serious injuries relating to the DUI are factors that can impact the mandatory sentence in a drunk driving case. Generally, under Florida Statutes, courts are required to impose a driver’s license suspension, a hefty fine, at least six months of probation as well as DUI school as part of the sentence for a first DUI. It is for this reason that a DUI arrest should be taken seriously and why it is so important to hire an experienced DUI attorney to protect you.

Continue reading "WWE Female Wrestler Arrested For Tampa DUI" »

Tampa DUI Attorney Jason Melton has represented many defendants whose arrests wind up in the newspaper and suffer through the gossip that follows. But this past week, the Tampa, Florida publisher of the St. Petersburg Times and a sports editor were both arrested for DUI in Hillsborough County, FL. The Times was honorable enough to write about the arrest of their own employees.

According to the reports, the sports editor arrested for DUI was stopped on Bruce B. Downs and allegedly consented to providing a breath sample. The editor allegedly provided a sample of 0.19. The law presumes a driver is impaired at or above 0.08. The Florida Legislature recently amended Florida Statute 316.193, this is the Criminal Statute number for DUI in Florida, to include an enhancement of all DUI mandatory sanctions in convictions which result from arrests where the breath sample is in excess of 0.15. The law in Florida for years provided an enhancement where the breath sample was in excess of 0.20.

The Tampa, Florida publisher arrested for DUI was stopped allegedly for traveling 20 miles per hour over the speed limit. The arrest was concluded with a refusal of the breath test. In refusal cases, the State is obligated to present an argument to the jury that the defendant was impaired due to alcohol, drugs or the combination of the two. Commonly, the State will use its Field Sobriety Exercises as its most important piece of evidence in an impairment case. Because the results of these tests are so important, the method in which an officer conducts these tests or exercises is also important. The different parts of the normal FSE routine are taught in Police Academies throughout the country based on standards created by NHTSA. These exams are very much a central part of most defense cases when facing an impairment theory as opposed to a case based on a breath test, blood or urine results.

Continue reading "Slow News Day - Tampa Newspaper Reports on DUI Arrests of own Publisher and Sports Editor" »

According to Hernando Today, two Spring Hill, Florida drivers were arrested on suspicion of DUI, even though one of the drivers had a negative – meaning a BAC of .00 -- breath test result. Hernando County Lawyer Jason Melton has represented scores of defendants charged with DUI, including those charged with suspicion of driving under the influence of drugs, in cases with low or negative breath test readings, and in cases where clients are charged with DUI involving a BAC of a .15.

The first of the arrests involved a driver allegedly driving the wrong direction on Commercial Way or US19 in Hernando County. According to reports, the Hernando County Deputy stopped the driver, informed him of his driving pattern and proceeded to conduct a DUI investigation. The DUI investigation allegedly concluded with the suspect producing a breath sample of .188 – both over the .08 illegal limit and the .15 level that requires Florida courts to enhance penalties. For example, in Florida, this .15 sentence enhancement can cause a defendant with a first DUI conviction to be ordered by the Court to install an ignition-interlock device on their vehicle-- if their BAC was over .15.

The second case involved alleged “suspect driving,” but reports indicate that the driver subjected to the breath test and the result was a negative breath reading. A negative breath reading in DUI cases many times causes Police to have suspicions of drug use and in this case, it appears the deputies continued their investigation by interviewing the mother of the driver. Reports indicate the defendant’s mother accused her daughter of using methamphetamines prior to driving that evening. It is unclear whether the statements by the mother will be allowed into the court record by a Hernando County Judge to substantiate the State’s DUI charge at trial.

Continue reading "Hernando County DUI Defense Attorney 666-2121:: Hernando County Sheriff’s Office Makes Two DUI Arrests in Spring Hill, FL " »

According to the Hernando Today, a Hernando County woman told police that she was chasing a dog with her vehicle, when she allegedly “hydroplaned on a puddle left by a sprinkler” which caused her car to crash into a concrete pole.

As is customary in a crash investigation, Florida law enforcement immediately investigated whether or alcohol or drugs impacted the woman’s ability to safely drive. Police smelled alcohol on the woman’s breath and asked the woman to do field sobriety tests. Police determined that she was under the influence and took her to jail. Blood tests revealed a BAC of .08 and .87- just slightly above the legal limit of .08.

Upon arrest for DUI with property damage, the police also found marijuana seeds on the woman.

There are many defenses available in close cases like this. Depending on how she performed on the field sobriety tests, a skilled criminal defense attorney could move to get the blood test suppressed, leaving the prosecution with little evidence at trial. In addition, statements given to police by the women could also be suppressed if they were given during the accident investigation portion of the interrogation. Statements given to police during accident investigations are not allowed to be used in criminal court against a defendant. This is called the “accident report privilege”. Once law enforcement advises the defendant that they are conducting a criminal investigation though, statements made can be used in court against them.

Continue reading "Hernando County DUI Lawyer News Update: Brooksville, Florida Woman Crashes into Pole – Arrested for DUI with Property Damage" »

According to reports, the Zephyrhills, FL Police Department has charged a Pasco County man for an accident that allegedly occurred on April 12, 2009. The allegation put the 40-year-old man in the Land O’Lakes Jail on Monday, June 1, for the misdemeanor charge of DUI with Property Damage.

The report goes on to indicate that the defendant’s blood alcohol level was .281 – this allegation is over 3 times the “legal limit” of .08. It is common after an accident, wherein law enforcement has yet to determine an individual’s blood-alcohol limit, to wait until the blood results come back from the laboratory before making an arrest.

DUI with property damage is misdemeanor offense that requires the prosecutor to prove an additional element that property was somehow destroyed or damaged due to the alleged DUI. Much like, DUI Manslaughter, the State of Florida will need to be concerned with provided proof to a jury as to the nexus or connection between the DUI and the property damage. Otherwise, this man will only face a simple DUI with no accompanying charge for property damage.

Continue reading "Pasco County DUI Defense Attorney News Update: Zephyrhills, Florida Man Charged with DUI with Property Damage" »

According to Ocala.com, the Marion County Sheriff’s Office will conduct a DUI checkpoint from 8 to midnight Friday night in the area of the 5900 block of Southeast County Road 475.

According to a Sheriff's Office news release, the checkpoint is part of the Florida DUI Sustained Enforcement Program. Sobriety checkpoints, sometimes called DUI roadblocks, are temporary traffic installations used by law enforcement to catch drivers who are under the influence of alcohol. At a sobriety checkpoint, officers either stop every vehicle or use a specific pattern to stop certain cars on a public road to investigate if drivers are impaired.

The National Highway Traffic Safety Administration (NHTSA) has concluded, after numerous field studies, that the number of DUI arrests made by roving patrols is nearly three times the average number of DUI arrests made by officers at a sobriety checkpoint. However, some law enforcement agencies believe that roadblocks are effective—even if they are advertised and drunk drivers have the chance to avoid the roadblock— because have a deterrent effect and show the public that driving under the influence is not tolerated.

Continue reading "Ocala DUI checkpoint announced for Friday night on CR 475" »

The Gainsville Sun is reporting that a 74-year old woman died during a DUI Manslaughter car accident with a recent graduate of the University of Florida in Gainesville, Florida. Reports show that the victim was traveling from church to pick up a friend to attend the evening service. Florida Highway Patrol and firefighters were forced to use the Jaws of Life to remove the elderly woman from her vehicle. She was pronounced dead at the scene.

The former UF student is alleged to have had a blood alcohol level .210. Florida law provides for a legal presumption of impairment at or above .08. The recent graduate has suffered personal injuries from the car accident with a laceration to her arm.

The investigation conducted by Florida Highway Patrol has alleged that the accident was caused by the UF graduate losing control of her pickup truck, driving over the curb and crashing into the side of the parked vehicle of the deceased. The investigation also included some accident reconstruction whereby the Florida Highway Patrol has concluded that this potential Motor Vehicle Wrongful Death was included speeds of 54 mph at impact and somewhere near 60-68 mph before losing control of the pickup truck.

Continue reading "Gainesville, Florida DUI Manslaughter Lawyer News Update: Former UF Student Charged with Gainesville, FL DUI Manslaughter" »

A new factor has been added to the ongoing constitutional battle between motorist and law enforcement. In recent years, law enforcement agencies have steered away from normal DUI traffic stops and instead have relied more and more on DUI Roadblocks. We saw the same transition many years ago with speedtraps and traffic enforcement.

PhantomAlert.com has changed the legal landscape. Its services--which cost around $10 a month -- will alert the driver of approaching speedtraps and most importantly, DUI roadblocks. Phantom Alert can be downloaded to the Tom Tom, Garmin and other GPS devices.

It will be interesting to see if the software will make its way into Florida DUI Roadblock caselaw. Specifically, every year in Florida, some appellate court listens to arguments about a traffic stop being made when a motorist takes evasive or an unusual driving action to avoid a DUI Roadblock, such as turning into a neighborhood that they have no intention of going to, or making an unexpected U-turn.

Continue reading "Tampa DUI Lawyer News Update: Tampa DUI Roadblocks and Speed Traps Beware…Phantom Alert Is Here" »

Friday evening proved to be a busy night for Hernando County DUI officers as three suspected Brooksville drunk drivers were taken into custody within two hours of each other.

According to Kyle Martin of Hernando Today, the first DUI arrest allegedly stemmed from a domestic altercation that turned into a high speed chase through the streets of Brooksville. Allegedly, the officers found the suspect and attempted to make a traffic stop, but instead followed what was described as a pattern of reckless driving to the suspect’s home. Ultimately, charges of DUI and Fleeing and Eluding were levied. Although a Florida DUI is a serious crime, it is a misdemeanor. Fleeing and Eluding on the other hand, is a third-degree felony and any conviction has a mandatory adjudication per Florida Statute-- which means that the court cannot accept a withhold of adjudication.

Later that evening, Hernando County officers also arrested two drivers for DUI who allegedly BAC results of .254 and .259. These results, if proven to be valid and taken from properly maintained breath test equipment, could prove to be problematic for the defendants as the Florida DUI Breath Alcohol limit is .08.

Continue reading "Brooksville DUI Attorney News Update: Three drivers taken in for DUI in two-hour period" »

In July of 2008 a Largo, FL DUI motorcycle accident killed the motorcycle driver and caused the passenger to lose her leg. The man allegedly causing the accident was recently extradited from Illinois, according to the Tampa Tribune, and was charged with DUI-Manslaughter and DUI-Serious Bodily Injury under Florida statutes.

In criminal cases where multiple victims are alleged to have been injured, or as in this case killed, the State of Florida always has the option of charging multiple crimes. The law in Florida generally states that each crime must contain separate, specific allegations for the charges not to be duplicative. Here, although the bond in the matter was reported to $55,000, it could have potentially been higher as the prosecution could have also charged the defendant with misdemeanor DUI and misdemeanor DUI-property damage.

One of the essential elements to both the DUI-Manslaughter and the DUI-Serious Bodily Injury case is whether or not the State can show a nexus or connection between the impairment – in this case, the defendant’s BAC (Breath Alcohol Content) was reported .195, twice the legal limit-- and the death or injury. Simply put, in order to prove these charges, the State of Florida needs to show that somehow the defendant’s impairment lead to the crash.

Continue reading "Man Extradited and Charged for 2008 Pinellas County DUI Manslaughter" »

The Tampa Tribune is reporting that Tampa Fox TV Morning Anchor Russell Rhodes has been charged with one count of Misdemeanor DUI and one count misdemeanor Resisting Without Violence for an incident outside of a Channelside garage.

Unlike other crimes, DUI in Florida is charged based on prior convictions. It is unknown if the charges in this case will be enhanced due to any prior convictions. Florida DUI law allows the State of Florida to charge an individual as a Felony DUI in the following circumstances:

3rd DUI within 10 years
4th or subsequent DUI
DUI with Serious Bodily Injury
DUI Manslaughter

Despite the injuries that were clearly evident in Rhodes’ mug shot, the Tampa Police Department also charged the morning anchor with Resisting Without Violence. This misdemeanor charge was based on his alleged running away from officers and refusing to turn the keys to his BMW over to authorities.

The Tampa DUI Prosecutors still have to prove this case in Hillsborough County Court, but unlike Joe Public, Rhodes’ DUI arrest be extensively covered throughout the Tampa Media. If his attorneys decide to take this case to trial, it will be interesting to see if they will ask the court to move his case out of Hillsborough County in order to get his constitutionally-mandated fair trial.

Continue reading "TAMPA DUI LAWYER NEWS UPDATE: Tampa State Attorney’s Office Charges Tampa Newsman" »

Tampa, FL DUI Attorney Jason Melton expects Hillsborough County and Pinellas County Law Enforcement to be on alert for drunk drivers during the Superbowl weekend.

Tampa Bay Online reports that last year, Arizona Police stopped 544 cars on suspicion of drunk driving on Superbowl Sunday. And about six years ago, researchers at the University of Toronto determined automobile crashes climb more than 40 percent in the hours after the Super Bowl. The study pointed to alcohol consumption among the primary causes.

Some Things to Consider Superbowl Weekend:

Even the most careful drivers can be arrested for DUI. Even a victim of a car accident can be arrested for DUI if officers believe that you are impaired, and even if you didn’t cause the accident.

Under Florida law, no police officer can require a driver to perform field sobriety exercises or roadside coordination tests—they are always voluntary.

If you give a breath sample, you have the right to request an independent blood test to corroborate or challenge the breath test results. You just have to ask for one.

If you feel that you are being investigated for DUI, you always have the right to remain silent.

Please call a cab, call your hotel, or call a friend if you think that you've had too much to drink.

Continue reading "Tampa, FL DUI Lawyer Jason Melton cautions Florida Motorists to contain drinking at Hillsborough and Pinellas County Superbowl Parties " »

Police have arrested a Tampa driver who they say crashed head-on into another vehicle and injured four people on Tampa Bay Boulevard on Sunday. The driver, James Darron Snead, was charged with four counts of driving under the influence with serious bodily injury, the Tampa Tribune reports.

Apparently, Snead was behind the wheel of a 2000 Ford, heading east in the westbound lanes of Tampa Bay Boulevard at about 11 p.m. Sunday when his car struck another vehicle near Lois Avenue. Police said they could smell alcohol on Snead’s breath and noticed Snead’s glassy, bloodshot eyes and slurred speech—telltale signs of a person who is driving under the influence. Snead was arrested and was subjected to breathtests which registered near .20 BAC, which is more than double the legal limit of 08.

Each count of Snead’s DUI with serious bodily injury charge could subject him to five years state prison.

Continue reading "DUI Charged After Wrong-Way Crash Injures 4 In Tampa" »

Tampa Bay Online is reporting that Matt McCoy, a linebacker for the Tampa Bay Buccaneers was arrested on Friday night by police for driving while intoxicated near his south Tampa home. Records show that McCoy refused a blood-alcohol test and was released Saturday afternoon on a $500 bail.

The 26-year-old California native was a third-string linebacker who came to Tampa from the Jets as a free agent, and previously played for the Philadelphia Eagles. The team released him on Saturday. The Bucs’ press release can be found here. It is unclear whether the DUI played a part in this decision.

Continue reading "Bucs player arrested for DUI" »

This week, a Florida Appeals Court ordered a new trial for Darion Conner, a former Tampa arena football player charged with DUI manslaughter. Leading up to the court’s ruling, a Hillsborough County jury returned a guilty verdict for DUI manslaughter and a judge sentenced Conner to fifteen (15) years Florida state prison. Conner appealed the verdict citing inappropriate conduct of the prosecutors- and the appeals court agreed.

In Connor’s 2005 DUI trial, Hillsborough county prosecutors--despite objection from the defense--showed the jury a picture of the victim covered in blood on the street after the accident. The court ruled that showing of the photo was unfairly prejudicial to the defense, essentially holding that jury would be so distracted by the shock value of the photo they would not be able to be fair in evaluating whether the State actually proved its case against Conner. This is especially a problem in a case like Connor’s where no one is contesting that there was a death or injury, but rather, whether the driver was sober when the accident occurred.

Continue reading "New Tampa DUI Manslaughter Trial Ordered for Ex-Tampa Arena Football Player" »

Now a resident of Tampa General Hospital, a Florida man who allegedly crashed his truck with his children ages 7 and 11 inside, was charged with two Felonies – Driving on a Suspended License as an HTO(Habitual Traffic Offender) and Child Neglect; as well as two misdemeanors, including DUI with persons under the age of 18 and DUI with property damage. Technically, the defendant could also face another misdemeanor DUI, another count of DUI with persons under the age of 18 and depending on the condition of the children multiple counts for DUI personal injury or Felony DUI Serious Bodily Injury.

According to the news report, the defendant submitted to a battery of field sobriety exercises and did not perform to the officer’s satisfaction. Following this performance, or lack thereof, the officer asked the father to submit to a breathalyzer exam wherein he produced results of 0.172 and 0.175. In Florida you are presumed to have committed DUI if you have been found to be driving with a Breath Alcohol Content (BAC) of over .08. Similarly, you can also be arrested for DUI if found to be driving and having a BAC over .05, but under .08, as the State has what is coined a rebuttable presumption of DUI, however most State Attorney’s Offices do not allow cases with less than .08 reads to go forward.

The defendant in this case faces many years in Florida State Prison. If you have been charged with DUI, have DUI questions or would like to see some of our recent DUI results in places like PASCO COUNTY, HERNANDO COUNTY, PINELLAS COUNTY, SUMTER COUNTY, CITRUS COUNTY or ALACHUA COUNTY, please click the appropriate link. If you’d like to see more information about Tampa DUI Lawyer Jason M. Melton or need to call the office, we can be reached at 1-800-608-LAW(5529) or an email can be sent from our Contact Page at www.flcounsel.com.