Tampa DUI Lawyer Blog

A Hudson, Florida man who had allegedly been driving under the influence was arrested Thursday after troopers claim he fled the scene of an accident that left two motorcyclists in critical condition.

Police claim the 42-year-old man was pulling out of a gas station just before 11:45 p.m. when he allegedly drove into the path of a motorcycle. The motorcycle apparently collided with the driver’s side door of the man’s Kia sedan and ejected a 62-year-old man and a 48-year-old woman from the motorcycle and into the street.

According to the Florida Highway Patrol, neither party was wearing a helmet.

The man and woman thrown from the motorcycle were taken to Bayonet Point Medical Center where they remained in critical condition.

The man apparently left the crash site and drove to his home, where he was later arrested.

A breath-alcohol test allegedly determined the man had a concentration level of 0.148 to 0.153.

He was charged with DUI and leaving the scene of an accident with serious bodily injury.

Leaving the scene of a car wreck in Florida is a serious offense, however when combined with a DUI, the possible punishments can be even more severe. The consequences associated with a DUI Hit and Run resulting in injuries or deaths are far harsher than the penalties a person would face if they remained at the site of the accident. In Florida, leaving the scene of an accident involving injury is a third-degree felony, while an accident involving death is elevated to a first-degree felony with a mandatory two year period of incarceration if also convicted of DUI.
For the State to prove guilt in a DUI Hit and Run, the following must be shown:

 The accused was driving the vehicle that caused the accident

 The accused caused the accident

 The accused had a blood alcohol concentration over the legal limit of 0.08 or his or her
normal faculties were impaired by alcohol, illegal drugs, medication or any combination of the three

 The accused knew or should have known an accident occurred

 The accused knowingly or intentionally fled the scene of the crash without rendering aid or exchanging information with the other parties involved

It is important to understand that while breath and blood tests, police reports and evidence from the accident site may be used by the prosecution in an attempt to prove guilt, if you are accused of DUI you have the right to legal counsel. Despite the facts surrounding your DUI charge, the Florida DUI Defense Attorneys at Whittel & Melton can examine every aspect of the case for flaws. Certain opportunities such as police error, illegal search and seizure, lack of probable cause and breath, blood and field sobriety test attacks may be applicable to your DUI case. If your legal rights were violated or if any evidence was improperly handled, your case may be dismissed. While every DUI case is unique, the Florida DUI Defense Attorneys will work tirelessly to seek the best possible result on your behalf.

Continue reading "Pasco County DUI Defense Attorneys Whittel & Melton :: Hudson Driver Accused of DUI and Fleeing the Scene of an Accident that Sent Two Motorcyclists to the Hospital" »

A 26-year-old woman suspected of DUI has been arrested after she allegedly slammed into the back of a Pinellas County police car Monday morning sending an officer and two others to the hospital.

The accident occurred Monday morning around 3 a.m. during a traffic stop.

Police records indicate that a 44-year-old officer pulled over a Chrysler PT Cruiser after it apparently hit a traffic signal control box.

During the stop, the woman arrested allegedly drove her 2004 silver Toyota Corolla into the back of the police car and drove away.

According to police, the accident caused the officer’s vehicle to hit the PT Cruiser. The officer was taken to the hospital and later released.

The driver and the passenger in the PT Cruiser were apparently transported to the hospital in serious condition. According to the latest reports, the passenger is currently in critical condition.

The woman was arrested by a Florida Highway Patrol trooper and was charged with DUI and leaving the scene of an accident with injuries.

Getting behind the wheel of a car under the influence of drugs or alcohol increases the chances of an accident that could result in permanent injury, disability and even death. Because of this, prosecutors and judges alike have a zero tolerance policy for drunk driving and will not hesitate to seek maximum penalties for those accused of such. A driver who is convicted of causing a car accident because he or she was operating a vehicle under the influence of drugs or alcohol faces extreme legal penalties. The driver can be held liable for any property damage or injuries that were sustained in the accident in addition to DUI charges. Should the accident result in the death of another person, the motorist could potentially face vehicular homicide charges.

DUI causing serious bodily injury is generally classified as a felony offense in the State of Florida punishable by up to five years in prison and a fine of $5,000. If an accident results in the death of another person, charges can be elevated to DUI Manslaughter carrying consequences of up to 15 or 30 years in prison and a fine up to $10,000. The most important issue in a DUI case involving injuries or death, is that the motorist must be found guilty of driving under the influence as well as causing the accident. The State must prove beyond a reasonable doubt that the driver’s normal faculties were impaired and that they actually caused the accident that injured or killed another individual or individuals.

It is critical to contact a Florida DUI Attorney to assist in building a solid defense against whatever type of DUI charge you are facing. As with any criminal matter, the potential consequences associated with a DUI charge can vary depending on the facts specific to the case. While some DUI cases are similar, no two are exactly alike so it is important to review the specific circumstances of your case with a Florida DUI Attorney as soon as possible. You may have several options available to you to challenge your DUI arrest, so it is best to act quickly.

Continue reading "St. Petersburg DUI Defense Lawyers Whittel & Melton :: Driver Arrested for DUI after Ramming into Police Cruiser and Injuring Three" »

A judge last week ordered Detroit Tigers’ Miguel Cabrera to serve six months of probation and pay a $500 fine after he entered a plea of no contest to DUI, a charge he was scheduled to face at trial on Jan. 9.

Cabrera’s attorney said an additional 100 pages of discovery material was received last week that could have interfered with the Jan. 9 trial date. The All-Star first baseman allegedly chose to settle the case so that it would be closed before spring training begins in February.

The discovery presented allegedly contained no new evidence, but consisted of photographs and transcripts from a video news conference Cabrera gave after his arrest.

Cabrera appeared before a St. Lucie County judge and was ordered to pay $1,436 in court costs, attend DUI school and a victim impact panel and perform 50 hours of community service In addition, his driver’s license will be suspended for six months.

According to the Assistant State Attorney, Cabrera received the same plea offer that is usually extended to first-time DUI offenders and he received the minimum mandatory sanctions.

According to police reports, Cabrera allegedly became angry when he was refused service at a Fort Pierce restaurant and threatened an officer and manager there. After police arrived, the ballplayer allegedly drove around to the back of the building and exited the parking lot.

Around 11 p.m. Cabrera’s black Land Rover was supposedly spotted by police with smoke coming from the engine. Police reported his eyes were allegedly watery and bloodshot and his speech was slurred. Cabrera apparently grabbed a bottle of scotch and drank from it before he was handcuffed for not following orders.

He was originally charged with DUI, two misdemeanor counts of resisting an officer without violence and a citation for an open container of alcohol in a vehicle. Prosecutors dropped one count of resisting an officer without violence and the second resisting-an-officer charge was dropped as part of the plea deal.

The judge dismissed the citation for an open container of alcohol.

In most states, including Florida, the Blood Alcohol Content which establishes a DUI is .08 percent. According to the American Medical Association, a person may become impaired when their blood alcohol level reaches .05 percent. Even if a person’s BAC is lower than .08, a police officer may exercise discretion and make an arrest for DUI.

Generally speaking, consuming one alcoholic beverage per hour will increase the average individual’s BAC to around .05 percent. Essentially, two drinks in one hour can put the average person over the legal limit. However, the number of drinks that can push a person beyond the legal limit can vary based on physiology and individual tolerance according to gender, weight and body fat.

The penalties and costs associated with a Florida DUI conviction bear a heavy impact on all aspects of your life. Consequences include the possibility of jail time, significant fines, court costs, community service hours, probation, DUI school, counseling sessions, substance abuse evaluations, vehicle impoundment, installation of an ignition interlock device on your vehicle and the loss of your driving privileges. Additionally, a DUI conviction can influence your occupation and future educational and employment opportunities.

A Florida DUI Lawyer can advise you of your legal rights and the criminal process under Florida DUI laws. As former prosecutors, the Florida DUI Attorneys at Whittel & Melton can provide you with an aggressive defense and help you achieve the best possible outcome for your unique DUI case.

Continue reading "Florida Statewide DUI Defense Attorneys Whittel & Melton :: Ex-Marlin Miguel Cabrera Accepts Plea Deal in DUI Case" »

Former NHL player Matthew Barnaby plead guilty to four violations connected to a DWI arrest that got him fired from ESPN Tuesday evening in the town court in Clarence in suburban Buffalo.

The former hockey analyst apologized for driving while intoxicated, refusing a breath test, driving with unsafe tires and for failing to notify the Department of Motor Vehicles of an address change.

A judge sentenced Barnaby to 100 hours of community service, alcohol abuse counseling and fines and surcharges in the amount of $1,950.

Barnaby was arrested in the early morning hours of Dec. 5 near his Clarence home after Erie County sheriffs supposedly found him in the driver’s seat of a Porsche Cayenne that had front-end damage and was giving off sparks due to a missing front tire.

Barnaby apparently refused a breath test and failed field sobriety tests resulting in his license being revoked.

The missing front tire is believed to have been located near an Interstate exit ramp a short distance away from where Barnaby was arrested. A fifth charge of leaving the scene of an accident was dropped because no evidence was found to support Barnaby caused any injuries or additional damage.

The NHL veteran was fired by ESPN from his four-year career as a hockey analyst the day after his arrest.

Barnaby, 38, allegedly reached the plea agreement to avoid a potential one-year jail term for DWI.

In the state of Florida a DUI charge equates simply to drunk driving. The laws regarding drunk driving vary depending on the state and can even have different names including DWI – Driving While Impaired and OUI – Operating Under the Influence, just to name a few. No matter what it’s called, drunk driving charges can seriously impact your life by imposing heavy fines, loss of your driver’s license, jail time and public humiliation.

DUI laws in Florida, as well as most states, are based on blood alcohol content or concentration. It is considered a crime to operate a vehicle with a BAC of more than .08. It is important to note that you do not have to be over the legal limit to be charged with DUI. Florida DUI laws can be extremely complex, which is why it is so important to consult with a Florida DUI Defense Lawyer. Even if you were arrested for DUI or failed a field sobriety test, this does not always mean you are guilty. Prosecutors and police officers usually have added pressures from legislators to aggressively arrest and prosecute those believed to be guilty of driving drunk. With that said, not every DUI arrest is justified and an experienced DUI Lawyer can spot any evidence of reasonable doubt that can possibly mitigate the consequences of being convicted of DUI.

Continue reading "Florida DUI Defense Lawyers Whittel & Melton :: Ex-ESPN Analyst Matthew Barnaby Pleads Guilty to DWI" »

A 43-year-old elementary school teacher was arrested last month and charged with DUI manslaughter in connection with a fatal January crash that killed a 75-year-old man and injured his 76-year-old wife.

Police believe the man had oxycodone in his system when his 1992 Cadillac allegedly ran a red light and smashed into a Spring Hill, Florida couple’s Toyota on Jan 3.

The female passenger in the Toyota suffered fractures of her left arm, sternum, hip and pelvis. The male passenger was killed.

The driver of the Cadillac was not seriously injured.

The man has no previous criminal record and joined the Hernando school district as an exceptional teacher in 1997. He has been on leave from his position with the school since February.

At a hearing Thursday morning, the man’s bail was reduced from $61,000 to $30,500. As of Thursday afternoon, he remained in the Hernando County Detention Center.

Any person that is suspected by law enforcement of driving under the influence of drugs, even if they have a valid prescription, can be charged with DUI. In the state of Florida, it is illegal to operate a vehicle if your normal faculties are impaired by alcohol, drugs or medications prescribed by a doctor. While a DUI charge is a serious offense carrying strict penalties, when an accident results in the death of another person, DUI manslaughter can be charged. DUI manslaughter is a second-degree felony punishable by up to 15 years in prison that also carries a minimum mandatory prison sentence if convicted.

In any DUI manslaughter case, there are serious questions that need to be answered immediately, including:

• Did the accused actually contribute to or cause the accident?

• Is it possible that a mechanical problem or other factor caused the accident?

• Was the accused impaired by alcohol, drugs or prescription medications at the time they were operating a vehicle?

• Was a breath or blood test lawfully obtained by law enforcement?

• How accurate are the results of any breath or blood test?

The Florida DUI Defense Attorneys at Whittel & Melton can gain the answers to these initial questions by thoroughly investigating your DUI charges. We utilize accident reconstructionists and expert toxicologists to gather critical data so that favorable evidence can be preserved to combat DUI allegations made by the State. We can sort through any issues unique to your DUI case and begin the communication process with the state and the victim’s family. It is extremely important to consult with an attorney as early in the process as possible to achieve the best possible resolution for your DUI manslaughter charges.

Continue reading "Spring Hill, FL DUI Manslaughter Defense Lawyers :: Hernando Co. Teacher Charged with DUI Manslaughter " »

With New Year’s Eve just around the corner, it is important to be prepared to deal with the numerous DUI checkpoints that will be set up in an attempt to catch intoxicated motorists in Florida.

The Florida Highway Patrol and Miami police are teaming up from now until Jan. 2 for what they call “Operation Drive Sober or Get Pulled Over.” Officers will be staying out later and will have drug recognition experts patrolling the streets with them. Similar DUI checkpoints will be set up all over Florida to catch motorists driving under the influence of drugs or alcohol.

Throughout the state of Florida, New Year’s festivities will include fireworks, food and celebrations. Undoubtedly, alcohol will contribute to the parties and gatherings. Just remember that police from Tallahassee, Tampa, Orlando, Miami and everywhere in between will be out in full force looking to arrest drunk drivers.

New Year’s Eve is one of the most dangerous times to be operating a vehicle on Florida’s roadways. This is a time for celebrating, partying and drinking, and unfortunately too many people do not make prior arrangements and wind up getting in their vehicles after a long night of toasting the start of a new year. The bottom line is that on this night, there are far more drunken drivers on the roadways, which ultimately puts everyone at risk.

According to FHP, 32 people died on Florida’s roadways over the course of the 2010 New Year’s holiday, 12 of which were alcohol-related. Likewise, during the four-day Christmas holiday in 2010, 24 fatalities occurred in Florida. Of those deaths, eight were alcohol-related.

Due to road traffic spikes and increased holiday driving dangers, police ramp up their patrols to keep impaired drivers off of Florida’s roads. A similar ramped-up patrol conducted with FHP over the 2011 Thanksgiving holiday yielded 136 arrests for driving under the influence of drugs or alcohol. A total of 26 people were killed in car crashes during this time period, according to FHP.

Police tend to increase their efforts during the holiday season to keep impaired drivers from operating on the roadways. Most of the time these efforts include DUI checkpoints, which screen drunk drivers systematically. The basic concept of a DUI checkpoint in Florida is legal, but they must be conducted properly so that a DUI arrest will be considered valid. The Florida DUI Defense Attorneys at Whittel & Melton can review the events leading up to your arrest and help you determine if it was valid or not.

It is important to be aware that every county in the state of Florida has the authority to conduct a sobriety checkpoint at any given time. The county does not have to disclose the location of the checkpoint or its duration to the public. While many counties will contact local news stations to announce a DUI checkpoint, this is not always the case which means you could potentially run into a checkpoint without previous knowledge at any time.

With so many celebrations this holiday season – from office parties to bowl game get-togethers, the opportunity to consume alcohol seems endless. If you are going to be drinking, the following tips can ensure the safety of yourself and others any time of the year:

1. Choose a Designated Driver. It is important to select someone that will stick to not drinking for the night and will make sure that any passengers wear their seat belts.

2. Use Public Transit or Take a Cab. If you plan to party with a smaller group, consider taking a cab or using public transportation to get you around town. For larger groups, splitting the cost of a limo or party bus can be a great idea for getting to and from holiday merriments because they can carry large amounts of people and keep intoxicated individuals from getting behind the wheel. This way everyone can still have a good time at a reasonable price without stressing over who is going to stay sober and drive.

3. Plan Ahead for Cabs if Hosting a Holiday Party. When your house is the setting for a holiday event, make sure to help guests get home safely by offering a cab ride should they need it. It is also a good idea to have non-alcoholic beverages for those opting out of drinking as well as food to help offset alcohol consumption.

4. Avoid Driving Distractions. Even if you have only had one glass of beer or wine, alcohol in any quantity can impair your judgment and driving abilities. Try and limit your distractions like talking on your cell phone, texting or fiddling with the radio. These distractions take your eyes off the road and could lead to you getting pulled over by police.

While arguments can be raised over the fairness of DUI checkpoints in Florida, it is best to avoid a possible drunk driving arrest this holiday season. It is a good idea to have a plan set in place before you go out and drink on New Year’s Eve or attend a holiday function, but should you get pulled over, the Florida DUI Defense Lawyers at Whittel & Melton are readily available to assist you.

Continue reading "Florida DUI Defense Lawyers Whittel & Melton :: Ringing in 2012 Safely – DUI Checkpoints and Tips for the Holiday Season" »

Several tests and studies reveal a leading hypothesis that people are more likely to be cognizant of and compensate for their intoxication when under the influence of marijuana as opposed to alcohol.

Accordingly, a new study conducted by two economists from the University of Colorado Denver and Montana State University suggests that laws legalizing the use of medical marijuana have reduced traffic fatalities by decreasing alcohol intake in young adults.

The pair of economists researched traffic fatalities nationwide, including the 13 states where marijuana has been legalized between 1990 and 2009. In those 13 states, there is evidence that supports alcohol consumption by young adults’ ages 20-29 dropped, resulting in fewer driving fatalities. In fact, the study yielded almost a nine percent drop in traffic fatalities and a five percent reduction in beer sales.

The authors also noted that while legalizing medical marijuana shows a correlation between a reduction in alcohol sales, people tend to be more wary of driving stoned as opposed to drunk.

So, which drug is more dangerous behind the wheel? According to studies, alcohol is more hazardous on the road than marijuana despite the difficulties in directly comparing the two.

Driving impairment relies on dosage and the two substances can affect different skills. Marijuana can affect a driver’s ability to stay in a lane, while alcohol can affect a driver’s ability to focus on yielding to pedestrians or properly following traffic signs and signals.

Despite the differences, a Yale psychiatrist wrote in a 2009 article that alcohol is considerably more dangerous than pot. Auto accident data reports that drivers impaired by alcohol are nearly 10 times more likely to cause a deadly accident than a driver that is high. The psychiatrists’ literature review found studies that indicated smoking one-third of a joint or less has almost no impact on a driver’s road behavior. There are even some studies that support that pot smokers cause fewer accidents than sober drivers.

Experiments testing driving skills such as coordination, reaction time and visual cues without actually driving, found that sober people fared much better than subjects high off THC. However when tested behind the wheel of a driving simulator, shockingly, people using marijuana performed average. Interestingly, studies show that when doses are moderate, marijuana users show minimal driving impairment while experienced smokers show almost no indication of impairment at all.

In a recent study, participants who smoked one-third of a joint recognized that they were impaired, even though the test suggested they were not. In contrast, participants who had two drinks believed they were fine, but delivered a poor performance in driving tests. When tested in driving simulators, pot smokers drove slower than drunk drivers even when reminded by researchers to increase their speed. Likewise, THC users gave the car in front of them more room and were less likely to try and pass them. Alcohol seems to increase risky driving patterns, and motorists who are drunk are more likely to speed, tailgate and recklessly pass other vehicles on the roads.

Regardless of these interesting finds, driving high can be extremely dangerous. When drivers have a large quantity of THC in their bodies it has been found that they have trouble staying in their lane, react slower to changing lights and other unexpected road signs and are oblivious to their driving speed. Other studies show that motorists with a THC level equal to about one-half of a joint are more likely to cause a collision than sober drivers.

While the comparisons between driving high and driving drunk cannot be explained entirely, the most consistent driving studies indicate that combining marijuana and alcohol together create much more of a hazard than when either is taken alone. Drivers who are drunk and high can drive recklessly, speed, engage in risky road behavior and engage in other dangers due to being unaware of their intoxication.

According to Florida’s 2010 Traffic Crash Statistics report, drivers operating a vehicle under the influence of drugs or alcohol were the second leading cause of fatal accidents in Florida. A total of 794 alcohol-related traffic deaths occurred Florida in 2010. There were 106 drug-related traffic fatalities on Florida’s roads in 2010.

Ultimately, no matter what studies and research reveals, it is against the law to operate a vehicle while intoxicated due to alcohol, drugs and even prescription pills. In the state of Florida, for a driver to be impaired from the effects of drugs or alcohol, there must be a high enough concentration of the substance in the driver’s system that prevents safe driving patterns. Anyone of the legal drinking age with a blood-alcohol concentration of .08 or higher could be found guilty of DUI.

A Florida DUI charge can come from operating a vehicle while impaired from prescribed or not prescribed medication, illegal drugs, alcoholic beverages or any combination of the three. The state has numerous ways to prove their case against a defendant, but ultimately it must be demonstrated that the motorist was over the legal limit of alcohol consumption or had enough drugs or alcohol in their system that hindered their “normal faculties.” A driver's level of medications, drugs or alcohol in their system can be tested through breath, urine or blood tests. Even if the State does not have such tests, they can enforce a DUI charge if a police officer believes that the driver’s actions showed signs of being under the influence of medication, illegal drugs and/or alcohol. The laws in Florida surrounding DUI are complex, but attorneys at the Law Offices of Whittel & Melton can explain which laws apply to your case and can provide you with the representation needed for your unique situation.

Continue reading "Alcohol Versus Marijuana – Which Substance is More Dangerous on the Road? :: Florida DUI Lawyers Whittel & Melton Discuss a New Study that Yields Interesting Results" »

Police believe alcohol was involved in a crash that took place Sunday in Ocala, Florida where a 25-year-old driver allegedly hit a horse and rider and then fled the scene.

The rider was sent to the hospital and the Paso Fino show horse suffered a broken leg and was later euthanized.

Florida Highway Patrol troopers arrived at the scene of the alleged hit-and-run collision around 4 p.m. when they supposedly noticed a car with a shattered windshield and front-end damage heading towards the accident site.

Officers stopped the driver who allegedly had the smell of alcohol on his breath. The man supposedly told officers that he loaned the car to a friend and was not driving when the accident took place.

According to reports, the man failed a field sobriety test and registered a blood alcohol level of .223 and .219 on breath tests nearly 3 ½ hours after the collision.

The man supposedly told police through a translator that he was having issues switching gears when he swerved, hit the horse and knocked the rider off. He allegedly said the rider got back on the horse and he drove away.

The man supposedly fled the scene to look for a friend whom he could not locate. He then drove back towards the scene of the crash where he was stopped.

According to the Ocala Star Banner, the rider of the horse and a friend riding along on another horse claim that the accident caused the horse to fall down and not get back up, knocking the rider onto the car’s hood. The rider supposedly rolled off the car and suffered minor injuries, including a sprained ankle and bruises.

The horse was valued at approximately $8,500.

The man was charged with DUI, DUI with Bodily Injury, Leaving the Scene of an Accident with Injury, Driving without a Driver's License and two counts each of DUI with Property Damage and Leaving the Scene of an Accident with Property Damage.

He was being held Monday evening at the Marion County Jail with bail set at $32,000.

This man undoubtedly faces some very serious DUI charges. The state is required to prove beyond a reasonable doubt that a person accused of DUI had a blood alcohol content above the legal limit at the time they were driving. The main way the State attempts to prove this is through the results of a breath, blood or urine test. The problem with this is that when these samples are collected hours after a person has been pulled over, all they show is what a person’s BAC level was at the time the test was taken, and not when they were actually behind the wheel of a car. Basically, the longer the time period between the actual stop and a test, the more unreliable the tests will be. A Florida DUI Defense Lawyer can challenge the admissibility of your test results if a significant amount of time passed between your stop and test.

Some DUI investigations take longer than others, and in every DUI scenario there is a sequence of events that occur from your initial stop following through to your arrest and process. DUI investigations are usually prolonged due to several factors, including:

• If an accident occurred. An accident investigation will definitely slow a DUI investigation down, particularly if there is property damage, other people involved and if anyone has injuries.

• If you choose to submit to field sobriety exercises. These physical tests can take anywhere from 5 minutes to more than 30 minutes depending on what tests an officer chooses to use and your responses.

• If the officer that stopped you calls for backup with the investigation, this can also increase the time span between your stop and your test.

When it comes to a DUI chemical test, the bottom line is that time can affect the results of your breath, blood or urine test. The Florida DUI Defense Lawyers at Whittel & Melton can challenge the validity and accuracy of your test results if an exceptional amount of time elapsed between your stop and test.

Continue reading "Ocala DUI Defense Lawyers Whittel & Melton :: Man Accused of Colliding into Horse and Rider and Driving Away" »

A Summerfield, Florida man operating a golf cart was arrested Monday for DUI after allegedly failing a field sobriety test.

According to a police report, deputies were called to a Sally Beauty Supply after being notified of a robbery. Employees supposedly said a man acting strangely entered the store twice and asked for money from the cash register.

Clerks at the store apparently gave the man money from their pockets and he left.

A deputy supposedly spotted the 44-year-old man later driving a golf cart with one functioning headlight. The man allegedly agreed to a field sobriety test after being stopped by the officer.

The officer transported the man to the Marion County Jail after he allegedly failed the sobriety exercise.

According to police, the man’s record indicates that his driver’s license had been suspended in January 2004 for 10 years for DUI in Pasco County and that he was convicted two other times for DUI in Palm Beach.

The man supposedly declined a breath or blood test at the jail.

In addition to DUI the man was charged with refusing to submit to a breath test and driving with a suspended or revoked license.

In the state of Florida, it is entirely possible to receive a DUI while operating a golf cart. Similarly, a person can be arrested for DUI while riding a bike, scooter, horse and even a motorized wheel chair in Florida. The prosecution still has the same burden of proof whether a
DUI arrest is related to a golf cart or any other mode of transportation – the accused was in control of the vehicle and their driving ability was impaired by drugs or alcohol.

Golf carts are relatively inexpensive and quite easy to navigate which makes them a very popular mode of transportation for Florida residents. Golf carts are recognized as motor vehicles that can be just as dangerous as a car or any other type of automobile. With that said, if a driver of a golf cart is suspected of operating a cart under the influence of drugs or alcohol, he or she may suffer the same consequences associated with a motor vehicle DUI including the loss of a driver’s license, fines and possible jail time.

The Florida DUI Attorneys at Whittel & Melton can fully examine any evidence stacked against you to determine whether the information can be admissible in court. Our attorneys understand the legal requirements that apply to DUI evidence, including the calibration of breathalyzer tests, the validity of field sobriety tests and other important factors.

Continue reading "Ocala Golf Cart DUI Attorneys Whittel & Melton :: Man Driving Golf Cart on Roadway Charged with DUI" »

As we near one of the biggest holiday seasons beginning with Thanksgiving and ending with New Year's, it is important to be aware of road safety initiatives that are being implemented from coast to coast. While you and your family celebrate and enjoy this holiday season, keep in mind that with the large number of celebrations and parties, local law enforcement will increase their focus on traffic checkpoints.

The Sun-Sentinel is reporting that the Florida Highway Patrol is increasing its efforts to catch traffic violators over Thanksgiving week. FHP pilots will be patrolling statewide to spot unsuspecting violators from a fixed wing aircraft.

FHP said that supervisors and traffic homicide investigators will be stepping in to assist with ticketing speeders and investigating possible intoxicated or impaired drivers.

The agency warned that troopers will be ticketing for seat belt violations and baby car seats will also be checked.

According to the FHP, Florida roads on Thanksgiving Day are not the most dangerous. The agency identifies Labor Day 2010 as the worst.

Overall, traffic fatalities in the Sunshine State are decreasing. In 2010, FHP reported 2,444 deaths, down almost five percent from the 2,563 fatalities on Florida’s roads in 2009.
Turkey day traffic fatalities are said by the FHP to be rising again. In fact, statistics show that 52 lives were lost in 2008, 36 in 2009 and 38 in 2010.

These enhanced http://www.thefllawfirm.com/lawyer-attorney-1511739.htmltraffic and DUI enforcements undoubtedly coincide with a new study released by the National Safety Council that predicts Thanksgiving traffic accidents and fatalities nationwide. According to statistical analysis, the NSC predicts this holiday weekend more than 43,000 people will be injured and more than 400 will be killed.

It is important to remember that DUI checkpoints are legal if they are carried out in a reasonable manner, meaning that police must have an unbiased method for stopping drivers. Courts have ruled that while DUI checkpoints can be viewed as invasive, that is generally offset by the concerns for public safety.

Continue reading "Florida DUI Attorneys Whittel & Melton Warn Residents of FHP’s Increased Traffic and DUI Checks Thanksgiving Weekend" »

According to reports, a 37-year-old Dade City man, presently on probation for a 2006 Florida DUI Manslaughter conviction, was arrested by Tampa police Saturday morning for DUI.

The man was arrested just before 1 a.m. and had an alleged blood alcohol level of 0.18.

According to the St. Petersburg Times, the man was pulled over for apparently driving without a seat belt. Stops for seat belt violations are immediately suspicious and should investigated by any lawyer handling this file.

Officers at the scene wrote in the arrest report that the man’s eyes were bloodshot and glossy, his speech was slurred and alcohol was detected on his breath. The man allegedly indicated impairment during a field sobriety test.

The man was released from prison in March of this year after serving four years for a 2005 DUI Manslaughter charge in Hillsborough County that resulted in the death of a 48-year-old motorcyclist.

According to the Florida Department of Corrections, he is currently serving 10 years of probation.

He was booked into the Hillsborough County Jail Saturday with no bond set.

The state of Florida enforces certain stipulations in association with every DUI probationary sentence. Some terms of probation are reliant on whether you are experiencing your first, second, third, or subsequent DUI conviction and others are inflicted no matter how many prior DUIs you have on your record. Probation is a very common consequence following a DUI conviction, but a violation can start the legal process all over again. Violations can potentially result in the offender being sentenced to jail or prison and can possibly bring about an even longer probation sentence.

Violating the terms of any DUI conviction is a very serious offense. When facing charges of probation violation, it is extremely necessary to consult with a Florida Violation of DUI Probation Lawyer as soon as possible. By delaying this process, you could permanently damage not only your reputation but also your future abilities to get a job, improve your career and even qualify for a loan. At Whittel & Melton our attorneys can aggressively pursue the opportunity of having the terms of your probation reinstated or potentially decrease any punishments resulting from your violation.

Continue reading "Dade City DUI Attorneys Whittel & Melton :: Pasco Man Arrested for DUI while on Probation for DUI Manslaughter" »

A St. Lucie County judge was arrested Tuesday night after allegedly causing her car to swerve back and forth before hitting a guardrail several times and eventually crashing on a bridge. Vero Beach Police responded to the scene shortly after.

The 52-year-old judge, who oversees misdemeanor drug cases, supposedly required three officers to remove her from her vehicle because she refused field sobriety tests and would not exit her car. She was charged with misdemeanor DUI with property damage and misdemeanor resisting arrest without violence.

She was released on $1,000 bail.

According to reports, police supposedly noticed the woman’s eyes seemed bloodshot and glassy, her breath smelled of alcohol and her clothes were disheveled with what appeared to be vomit.

She allegedly identified herself as a St. Lucie County judge and told police she was using her cell phone when she lost control of the vehicle.

The woman is also accused of having an open bottle of Xanax prescription pills in her car, which she supposedly told police was her thyroid medication.

Police apparently asked her to exit her vehicle several times, but she supposedly refused. The report shows that one officer pried her fingers from the steering wheel while two others removed her from the car.

Vero Beach Police supposedly did not have a police dashboard camera video of the arrest because the camera was broken.

Another State Attorney’s Office from outside the 19th Judicial Circuit has been asked to prosecute the case. Reprimands for judges go through the state Judicial Qualifications Commission.

Based on the above reports, this judge could face some serious ramifications for her alleged behavior behind the wheel. If she is found to be in violation of the ethical standards for judges, she could face disciplinary action recommended by the Judicial Qualifications Commission and finally determined by the Supreme Court. Some possible forms of discipline may include a fine, public reprimand, suspension from office, removal from office, involuntary retirement and possible no disciplinary action at all. The Florida Judicial Qualifications Commission, or JQC, is an independent agency that investigates allegations of misconduct by state court judges. Many times when a judge’s compliance with the Code of Judicial Conduct is questioned and investigated, prosecutors with the State Attorney’s Office in that district will ask another office to prosecute the case to rule out any possible views of misconduct.

Since no field sobriety tests were performed and there is no videotape of the scene, it could be tough for the State to prove guilt on the charge of DUI. Many Florida police patrol vehicles contain video cameras that record a DUI arrest in its entirety. The video usually contains portions of your driving behavior, the actual traffic stop, interactions with the officer and field sobriety tests. This can often hold strong evidence to be used by the prosecution, but occasionally it can be helpful to the defense as well. Many times these videos prove overstatements, improper conclusions and exaggerations made by the arresting officer. Without evidence from a breath or blood alcohol test, field sobriety exams and/or video of the scene, any finding of guilt in a DUI case could be mere speculation.

Despite the details related to a DUI arrest, it is pertinent to contact a Florida DUI Defense Attorney to help refute charges stacked against you. At Whittel & Melton our attorneys can review any and all possible evidence and select the strategy best suited for your defense.

Continue reading "Florida Statewide DUI Defense Attorneys Whittel & Melton :: St. Lucie County Judge Arrested for DUI" »

The DeBary, Florida assistant city manager arrested for DUI on June 3 pleaded no contest to Reckless Driving in court on Thursday.

The 36-year-old was charged with DUI, but through an agreement with prosecutors a plea to a less-serious charge of Reckless Driving was offered.

According to the Daytona Beach News-Journal, the woman was waived from additional sanctions like 50 hours of community service and probation because she is heavily involved in community projects and completed an alcohol safety course on her own.

The woman will keep her position with the city, according to the city manager of DeBary.

According to a Florida Highway Patrol report, the woman passed a trooper around midnight
traveling at 90 mph when she changed lanes and ran off the road. When she was stopped she allegedly admitted to the officer she had a good amount to drink and supposedly fell during her sobriety tests.

A plea bargain for a DUI, like in this case, is a deal made with the prosecution where a defendant pleads either guilty or no contest to a lesser offense in exchange for a less severe punishment. When the defendant accepts the plea, he or she gives up the right to trial for the original crime. For those who do not wish to gamble with the outcome of a trail, a DUI plea bargain for a lesser offense may be an attractive alternative to the possible consequences associated with a DUI conviction.

Depending upon the circumstances, sometimes prosecutors in Florida will accept a plea bargain of “wet reckless.” “Wet Reckless,” also known as Reckless Driving involving alcohol, is usually the negotiated result of a DUI charge reduced to a case of Reckless Driving. A plea bargain of this kind can often be arranged when the amount of alcohol in the person’s system is borderline illegal, there was no accident or property damage and the accused has no previous record.

DUI charges that are amended by the prosecution to Reckless Driving often carry DUI type penalties, including attendance of DUI School, fines, alcohol evaluations and community service. However, the accused does not suffer the social ramifications and stigmas of a DUI conviction.

Every DUI case is unique. The Florida DUI Defense Attorneys at Whittel & Melton can review your case and determine if your case could be a good candidate for reduced charges, like Reckless Driving. After a free consultation our attorneys can examine the following aspects:

• Whether your vehicle was stopped based on signs indicating impairment

• If an accident occurred resulting in property damage or personal injury

• Field sobriety test performance

• Whether alcoholic beverage containers were found in the vehicle

• Whether or not law enforcement requested a blood, breath or urine test and if the accused refused or complied

• The results of any blood, breath or urine test

• The amount of time elapsed from the time of driving to the time of testing

The above factors can all be key indicators of whether or not you may be able to plead down your DUI charge. By contacting Whittel & Melton immediately following your DUI arrest, we can investigate all aspects of your case and uncover any evidence that could be useful in getting your charges reduced or dismissed entirely.

Continue reading "Central Florida - Volusia DUI Lawyers Whittel & Melton :: City Official Pleads Down DUI Charge" »

A WWE wrestler was arrested at the end of September and charged with one count of DUI with a BAC over 0.15.

According to WTSP.com, Jonathan Fatu, who goes by the professional name Jimmy Uso, was allegedly observed by Tampa police driving the wrong way sometime before 3 a.m.

Fatu allegedly showed signs of impairment during a field sobriety test. The arrest report indicated the man supposedly had slurred speech, glassy bloodshot eyes and the smell of alcohol on his breath.

The wrestling pro resides in Tampa and is currently part of a tag team with his twin brother.

In general, police must observe something about the driver that gives them a reason to stop the motorist. Like any rule, there can be exceptions to this including blocking roadways, sobriety checkpoints and accidents. However, many of the reasons police stop a vehicle on suspicion of DUI have nothing to do with DUI, rather are might be technical flaws in the driving pattern as opposed to driving behavior clues that are indicative of DUI.

As an example of the assumptions made by law enforcement based on driving patterns, the National Highway Traffic Safety Administration has published common driving patterns or “cues” exhibited by motorists investigated for DUI. The research, conducted over several years, places percentages next to the driving cues that indicate X% chance the driver is impaired. There have been 24 driving cues identified that can be broken down into four categories:

Faults in Maintaining Proper Lane Position- 50% chance driver is impaired

• Drifting
• Swerving
• Weaving
• Weaving across lane lines
• Straddling a lane line
• Nearly striking another vehicle or object
• Turning with a wide radius

Speed and Braking Problems- 45% chance driver is impaired

• Slow speed
• Varying speed
• Accelerating for unknown reason
• Stopping too far, too short, too jerky, etc.

Vigilance Problems- 40% chance the driver is impaired

• Driving without headlights at night
• Failure to signal a turn or lane change
• Driving the wrong way
• Delayed response to traffic signals
• Slow or failure to respond to officer’s signals
• Stopping in the lane for unclear reasons

Judgment Problems- 35% chance the driver is impaired

• Following too closely
• Improper or unsafe lane change
• Illegal or improper turn
• Not driving on the designated roadway
• Stopping inappropriately in response to an officer
• Inappropriate or unusual behavior, and
• Appearing to be impaired

The Florida DUI Defense Lawyers at Whittel & Melton recognize that most DUI investigations begin before a motorist is actually pulled over by a police officer. Officers are trained to be on the lookout for driving behaviors thought to be consistent with alcohol intoxication. These alleged cues of inebriation are usually depended upon by law enforcement and prosecutors to substantiate guilt in DUI cases. However, along with additional facets of a DUI investigation, relying on these cues can be misleading because certain people are uncoordinated and may display some of these driving cues while sober. It is extremely important to retain an experienced Florida DUI Attorney who is well-versed on how to combat the prosecution’s efforts to use your observed driving pattern against you. By doing so, you have the best chance of obtaining positive results for your unique case.

Continue reading "Tampa DUI Defense Attorneys Whittel & Melton :: Tampa, Florida Police Arrest WWE Wrestler for DUI" »

A 45-year-old man sentenced to six years in prison in August 2003 for DUI-manslaughter was arrested in Volusia County, Florida on August 20, 2011 for Boating Under the Influence.

The man was released from a state prison on Sept. 6, 2008 and started serving five years of probation.

Officers with the Florida Fish and Wildlife Conservation Commission reported that they were patrolling the waterways of the St. John’s River in Volusia County before 11 p.m. on Aug. 20 when they noticed the engine of a 17-foot ski boat trapped in a fence of barbed-wire.

According to the Ocala Star Banner, the 45-year-old man was the boat’s operator, who supposedly was confused why the boat would not move.

Commission officials freed the boat and did a safety inspection, according to a report. Officials allegedly noted a strong smell of alcohol while on board that appeared to come from the man, who supposedly had slurred speech and looked unstable.

After completing a field sobriety test, the man was arrested, which was a violation of the terms of his probation.

A Marion County judge signed off on an arrest warrant on Sept. 6 for VOP. The man turned himself in to the Marion County Jail on Sept. 14.

Along with prison time and probation, the man’s DUI-manslaughter sentence included a $500 fine and court costs, 100 hours of community service and permanent revocation of his driver’s license.

One of the punishments of a Florida DUI or DUI-manslaughter conviction is a probationary period. This requires that the defendant have no measurable alcohol in their system while operating any kind of motor vehicle, including a boat. When a defendant fails to comply with any of the terms associated with probation conditions, probation can be revoked and a court may insist on jail time. There is a hearing on the matter and the right Florida DUI Attorney can support your side and possibly keep you out of jail.

The laws governing the operation of a watercraft under the influence are essentially the same as DUI laws for motor vehicles in the state of Florida. To be found guilty of a BUI in Florida a prosecutor must prove that the operator has a blood alcohol concentration of .08 percent or greater or has impaired physical or mental abilities as a result of alcohol or a controlled substance. If convicted of a BUI, it will count as a previous DUI on any other consequent DUI offense you may have. Undoubtedly, the man’s prior DUI-manslaughter conviction will be counted against him and enhanced penalties could ensue.

A BUI charge can be classified as a misdemeanor or felony that carries heavy penalties for anyone convicted. A first conviction for BUI could carry consequences of a $500 fine and six months in jail. A second conviction could result in a $1,000 fine and up to nine months in jail. A third or consecutive conviction could lead to a felony charge that includes heavier fines and prison time. The Florida DUI Attorneys at Whittel & Melton are familiar with BUI laws and will work hard to evade a first conviction or any consecutive ones.

Continue reading "DUI Defense Lawyers Whittel & Melton Serving Marion County – Volusia County :: Man Convicted of DUI Manslaughter Arrested for BUI" »

A 21-year-old Land O’Lakes man was charged with DUI and using a firearm under the influence of a controlled substance Sunday around 3 a.m. What made this arrest so newsworthy was it came just one month after the man was involved in a collision last month where a 19-year-old road crew worker was killed.

According to a Pasco County Sheriff’s Office report, the man was pulled over Sunday by authorities for allegedly driving about 20 mph over the speed limit. The arresting officer supposedly noted the man was slurring his words and had bloodshot, dilated eyes.

The man allegedly had a loaded rifle sitting between the driver’s seat and the center console. It was unclear from reports whether or not the driver’s alleged actions that night had a relationship to any emotional consequences from the fatal accident which occurred just one month prior.

The man supposedly did not perform up to standards during a field sobriety test and was transported to Land O’Lakes jail where he was later released on his own recognizance.

The fatal crash involving the man that occurred on June 14 is still under investigation by the Florida Highway Patrol. The man’s truck allegedly crushed a warning sign, smashed into another truck and killed a road crew worker.

Law enforcement officials are awaiting toxicology reports that should confirm whether or not alcohol contributed to the wreck.

If you have been arrested for a DUI you could face a number of consequences that require a solid defense, even if it is your first offense. Your license could be suspended for a lengthy period of time as well as possible fines, jail time and a highly probable rise in your auto insurance rates. A basic DUI is considered a misdemeanor, but can easily jump up to felony status when a DUI-related accident causes serious bodily harm or death or if you have multiple DUI convictions.

While a DUI conviction can carry serious ramifications, it is important to note that a skilled Florida DUI Defense Attorney can aggressively fight the charges brought against you and work towards a positive outcome for your case. At Whittel & Melton, our attorneys can ask the initial hard-hitting questions that can shape a strong DUI defense strategy. Did the arresting officer follow proper procedure during the arrest and booking? Did the arresting officer exercise probable cause to pull you over? If a breath test was performed, was the officer trained properly on how to use the device? Was the Breathalyzer operating precisely when used?

It is very important to act fast following your arrest for DUI. Generally, within 10 days of arrest, your driver’s license will automatically be suspended for at least six months or seized by police. Moreover, you are only allotted 10 days from the date of your arrest to contest the suspension and file an application to lift the suspension of your Florida driver’s license.

Continue reading "Land O’Lakes, FL Criminal-DUI Defense Attorneys Whittel & Melton :: Pasco County Man Arrested for DUI One Month after Fatal Wreck" »

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 resident of Overland, Kansas was arrested Thursday for DUI after he allegedly urinated in a Marion County family’s yard and threw beer cans on their lawn. The man reportedly told the arresting deputy he was headed to Florida.

The deputy arrived around 6:30 p.m. to the family’s home and spoke to a man that said a black Lincoln pulled into the driveway and parked. A man got out of the car and urinated in the front yard and then pulled beer cans out of the car and threw them on the ground and left. The man’s wife and children were outside when the alleged incidents occurred.

The deputy pulled the driver over in another area of town. He reportedly told the officer that he had too much to drink and had taken an unknown amount of pills.

He supposedly requested medical attention and refused a field sobriety test. He was taken to Munroe Regional Medical Center and would not provide blood or urine tests.

He was arrested and taken to Marion County jail.

To be arrested for DUI in Florida, it does not matter if you are a resident of another state with an out of state license or if you have a Florida license. If you have been arrested for a DUI, you will face criminal court proceedings as well as a DHSMV hearing. If you are an out of state driver, you will most likely have your driver’s license suspended in your home state and face criminal prosecution in Florida.

It is important for any out of state driver visiting the Florida area to be aware that Florida is a member of the Interstate Drivers License Compact, a union that 45 states have entered into regarding traffic violations. The concept of this arrangement is thought of as “One Driver, One License, One Record.” This means that Florida will report the details of your infraction to the state of your residence, where license suspension or revocation penalties may be enforced as well as any criminal consequences that Florida may implement.

If you are arrested for DUI as an out of state driver in Florida, the most important thing you can do is contact a lawyer who is familiar with the laws and concepts specific to the local area your arrest took place.

Continue reading "Ocala, FL DUI Attorney :: Kansas Man Arrested for DUI after Urinating in Family’s Lawn" »

A 5-year-old Jacksonville, Florida girl got behind the wheel of her father’s 2010 Chevy Camaro and attempted to get off the road after he supposedly passed out in the driver’s seat Tuesday.

The car cut across another vehicle’s traffic lane, hopped a curb and landed in a parking lot. The girl then plowed over some shrubs and plants and ran over a parking sign before she could get the vehicle to fully stop. No serious injuries were sustained.

According to The Florida Times-Union, the girl’s nose and lower lip were bleeding when police arrived. The young girl and her father were supposedly locked inside the vehicle and she was coaxed out of the car by the driver of the car she almost collided with.

Police arrived after the 6:50 p.m. accident occurred and allegedly found the 40-year-old father unresponsive and staring at the ceiling. He supposedly told police he had taken Oxycodone and Xanax earlier in the day.

In addition to DUI while accompanied by a minor, the man was charged with driving under the influence and causing damage, careless driving, and two counts of driving without wearing a seat belt. The man’s bail was set at $3,000.

A family member picked up the young girl.

Driving under the influence of alcohol in combination with Xanax, or even by itself, can be a deadly combination on Florida roadways. According to medical statistics, nearly 37.5 million prescriptions for Xanax were written last year, which is an increase of nearly 8 million prescriptions from 2005. Xanax is commonly known as alprazolam and prescribed to treat panic disorders. Xanax does exacerbate the intoxicating effect of alcohol and the pill can create an exhilarated feeling within users, making it all the rage for individuals seeking a quick "high."

When a Florida law enforcement agent arrives on a scene where a DUI involving drugs is suspected, an attempt may be made to use the horizontal gaze nystagmus (HGN) or eye test to indicate impairment from the use of drugs or a controlled substance. A DUI blood or urine test could also show a presence of drugs or alcohol in a person’s system. All of the above tests, any observations made by the officer and any admissions of guilt made by the suspect can all be admissible in a court of law. The best thing to do following a DUI arrest is to contact an experienced Florida DUI Attorney, no matter what the specifics are to your DUI charge.

Continue reading "Florida DUI Attorney :: Jacksonville Man Charged with DUI after Passing Out: Daughter, 5, Guides Car off the Road" »

A Florida Highway Patrol trooper arrested a 26-year-old man and charged him with DUI and driving while his license was suspended or revoked Thursday after his car was witnessed stopped in a roadway in Ocala, Florida. An Ocala police officer found the vehicle with the man asleep behind the wheel inside with the keys in the ignition and the car in drive.

According to the Ocala Star Banner, the officer tried to wake the man numerous times. The trooper was called to the scene where alcohol was supposedly detected on the man’s breath.

The man allegedly failed a field sobriety test and was transported to the Marion County Jail. Two blood alcohol tests were performed at the jail that resulted in .133 and .134.

The man allegedly told the trooper he had been drinking, had two prior DUI’s in Iowa and still drives frequently even though his license is suspended.

To prove DUI in Florida, the state must prove that you were in actual physical control of your vehicle. The state can argue an individual was in actual physical control despite not driving the vehicle. If you are found asleep in a parked car, that alone can be a basis for a DUI prosecution. Actual physical control of a vehicle can just mean sitting behind the driver’s seat in some situations. The car doesn’t even have to be on to charge a person with DUI. If the keys are in the ignition or simply within reach of the person in the driver’s seat, law enforcement agents may consider the person to be in physical control of the vehicle and pursue a DUI arrest.

The State will usually argue that a driver need not be in a roadway to be charged with DUI. As long as the officer has a reasonable suspicion to investigate a situation, a DUI charge could occur from sitting in a car that is parked in the driveway of private property. Prosecutors will argue that the driveway has a connection to Florida roads.

Continue reading "Ocala DUI Attorney :: Marion County, FL DUI Charges for DUI after Falling Asleep Behind the Wheel " »

A Hernando County deputy has been placed on paid suspension because he is being investigated for DUI. Two Brooksville, Florida women noticed a car swerving off the road early Sunday morning and called 911 while following the vehicle.

The women tailed the vehicle to the deputy’s home where they were shocked to see a squad car parked in the driveway. The deputy thought the women really liked him and proceeded to flirt with them.

The deputy is a nine-year veteran of the sheriff’s office. According to the Hernando Today, the deputy was off-duty and on his way home from a bar in the area.

Authorities showed up at the deputy’s house that morning after he had exited his vehicle and made it inside his home. Detectives said that the women in the car and anyone else who saw the deputy that night will be asked to provide statements.

The deputy and former detective has previously been suspended by the sheriff’s office three times. There are also two cases against him right now— a criminal investigation involving the State Attorney's Office and an Internal Affairs investigation.

The deputy has been suspended before for suspicion of alcohol abuse.

DUI suspects can still be prosecuted despite whether they are caught behind the wheel. In Florida, to prove DUI prosecutors must show that the defendant drove or was at some point physically in control of the vehicle and was under the influence of alcoholic beverages or a chemical substance or had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. In cases like this one, witness testimony is crucial to making the charges stick. Law enforcement does not have to actually witness the crime being committed to charge a person with DUI. If a witness or witnesses state they saw a person commit DUI, then the person will most likely be investigated and charged.

This is an interesting case because the deputy is under investigation for multiple crimes and has been suspended before for alleged alcohol abuse. It will be noteworthy to see how prosecutors handle this charge.

Continue reading "Brooksville, Florida DUI Attorney :: Hernando County Deputy Suspended for Suspicion of DUI" »

Tampa Bay Buccaneers assistant coach Jayson Kaiser was arrested for DUI shortly after midnight on Wednesday after he was pulled over for driving with his headlights off. According to police, Kaiser allegedly smelled of alcohol, had slurred speech and bloodshot eyes.

Kaiser supposedly refused to participate in a field sobriety test or take a Breathalyzer test because he claimed he had not been drinking. According to FOX Sports, Kaiser was held on $500 bail and his car was impounded.

This marks the third arrest for members of the Bucs organization over the past few months. The Bucs pro scouting coordinator and former Bucs linebacker Shelton Quarles was arrested March 4 on suspicion of drunk driving.

Bucs cornerback Aqib Talib was charged with felony assault with a deadly weapon last month after a domestic dispute in Texas in which he allegedly shot at his sister's boyfriend.

Following an arrest for DUI, police will often have the driver’s vehicle towed. In some cases, police may release the vehicle to a passenger that is not impaired or even contact a family member to come retrieve the automobile from the scene. In the majority of DUI cases police will call for the car to be towed to a city impound lot where it can be picked up by the suspect once they are out of jail and can pay the fees to redeem it. Traditionally courts order the impoundment of a vehicle involved with DUI for a minimum of 10 days.

Impoundment of a vehicle can be waived if the family only has one vehicle or no other resources for transportation. If not, the car cannot be impounded while a suspect is held in jail. If a jail sentence is being served, the impoundment will happen once the person is released from jail.

Continue reading "Tampa, Florida DUI Attorney :: Tampa Bay Buccaneers Assistant Coach Accused of DUI" »

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" »

Tampa police arrested a 48-year-old Hillsborough County firefighter Tuesday around 9:40 p.m. for DUI. According to MSNBC, the man was not working that evening.

Police stopped the man for allegedly driving his 2000 Ford Focus without its headlights on.
Police reports show the man’s breath-test readings for blood-alcohol content at 0.176 and 0.171.

The Tampa, FL man was arrested in 2008 for DUI. A spokesman for the Hillsborough County State Attorney’s Office said he pleaded guilty and received 12 months probation, 50 hours of community service and his driver’s license was revoked for six months.

If you have been arrested for DUI and the arrest occurred within five years of a previous DUI conviction, then under Florida law your DUI will qualify as a second DUI within five years. This charge can carry a shocking five year revocation of your Florida driver’s license. If the DUI arrest is outside the five years of a previous DUI conviction, the law can seek punishments similar to a first time DUI with maximum jail time at nine months, fines between $1,000 and $2,000 and installation of an ignition interlock device for one year. After a second DUI conviction, a driver is not eligible for a hardship license following an administrative suspension.

If your DUI conviction falls within five years of a prior DUI conviction your penalties can include at least 10 days in jail with a maximum incarceration period of nine months, unless your BAC reading was beyond .15, which could elevate jail time to 12 months. Along with time served comes a probation period of 12 months and fines between $1,000 and $2,000, unless your BAC reading was beyond .15, which could raise fines to a maximum of $4,000. A mandatory ignition interlock device can be placed on your car for at least 12 months with a maximum time period of 24 months. While the driver’s license revocation period for a second DUI within five years is five years, you could be eligible for a hardship reinstatement hearing after one year.

Continue reading "Tampa, Florida DUI Attorney :: Hillsborough County Firefighter Arrested for Second DUI" »

A 23-year-old former Florida basketball player faces DUI charges after he was stopped by police for driving with his high beams on and a tag light out. He allegedly smelled of alcohol, appeared to have watery and bloodshot eyes and supposedly told police he had consumed two alcoholic drinks.

According to the Associated Press, authorities claim the former Gator failed sobriety tests, but blew 0.065 and 0.070 on the breath alcohol test. He allegedly told cops he was driving because his girlfriend was too intoxicated to get behind the wheel.

The Ex-Florida basketball player was released from jail Tuesday.

In the state of Florida, prosecutors can prove DUI through a blood-alcohol or breath-alcohol reading of 0.08 or higher or by determining the defendant’s normal faculties were impaired. A breath reading is the easiest way to prove DUI, however even through the refusal of a breath or blood test prosecutors can still advance with DUI charges on the theory that the defendant was impaired and just decided not to blow. When a breath test is under 0.08 prosecutors rely on officer testimony and observations to prove impairment, despite breath readings.

In close breath reading cases, the State of Florida is permitted to make the argument that at the time of driving .08 existed, and only due to the time difference on transporting the defendant to the police station/jail did the results drop below .08. It will be interesting to see which direction prosecutors move on this file.

Some people can show impairment after having just one or two alcoholic beverages and still have low breath-alcohol readings. Impairment means defects in motor skills such as fuzzy vision, garbled speech and poor balance. If a law enforcement officer believes that you cannot safely operate a vehicle or have been drinking or using drugs, you can still be arrested and charged with DUI despite a blow below 0.08.

Important thing to note: In Florida, you will always be arrested for DUI before you ever submit or even refuse a breath test.

Continue reading "Gainesville, Florida DUI Attorney :: Ex-Florida Basketball Player Blows under 0.08 and Still Charged with DUI" »

The Marion County Sherriff’s Office arrested a 31-year-old Williston, Florida man Wednesday for grand theft, DUI and refusing to submit to a breath test.

The man was allegedly at a hotel with an escort and at the end of their get-together, stole her purse.

According to the Gainesville Sun, the 23-year-old escort flagged down an officer shortly before 2 a.m. at a Sleep Inn Motel. She told the officer that the Williston man was quite intoxicated, driving drunk and had stolen her purse, which was worth $75, had $241 in cash inside and contained some prescription medication.

The escort told the officer that after their pre-agreed 30 minute tryst was finished she went to the restroom. While she was in the bathroom, the man left the motel room with her purse.
The deputy followed the Williston man’s car and stopped him after he made a wide U-turn and ran over a curb.

The officer saw the purse in question in the man’s front seat and retrieved it.

The man allegedly failed a field sobriety exercise and was taken to the Marion County jail, where he refused to take a breath alcohol test.

Around noon on Wednesday the man contacted an Ocala Star-Banner reporter to make a statement. Apparently the man told the reporter he was not guilty of drinking, being with a woman or stealing anything.

Field sobriety tests are quite controversial in Florida DUI cases. The tests are designed to determine if a person is too incapacitated to operate a vehicle and to keep any dangerous activity off of the roadways. The intentions of these tests are good, however, many times the tests can be inaccurate. A few examples of field sobriety tests include writing the alphabet or reciting it backwards, counting fingers, touching your nose or standing on one leg.

The most controversial factor of field sobriety tests is that people not under the influence of alcohol or drugs can have trouble passing them mainly because there is no objective way to determine if someone is inhibited by drugs or alcohol, clumsy or even poorly-coordinated. Some illnesses can even affect coordination and balance. There are many scientific studies that question the reliability of these tests, but the bottom line is that they are subject to interpretation.

Continue reading "Williston, Florida DUI Attorney :: Levy County Man Accused of DUI and Stealing Escort’s Purse" »

Two Pasco County, Florida men, one from Port Richey and the other from Wesley Chapel, were accused of DUI and child neglect in two separate incidents that occurred Saturday evening where there were young children in their vehicles.

The Pasco County Sherriff’s Office pulled over the 39-year-old Port Richey man after they witnessed his car weaving around 10:20 p.m. He had a 5-year-old girl in his car and a breathalyzer test read a result of 0.19, a number Florida law presumes impaired.

The girl was picked up by her mother and the man was arrested on charges of DUI and child neglect. He was released from the Land O’ Lakes jail after posting $255 bond.

In another area of Pasco County, several witnesses reported a red Jeep allegedly swerving, running a red light and driving into a ditch around 11 p.m. on Saturday night.

The driver of the Jeep, a 44-year-old Wesley Chapel man, found deputies waiting for him when he pulled into a local BP gas station.

According to the arrest report the man had a 6-year-old girl in the Jeep with him, slurred speech, smelled of alcohol and could not recite the alphabet. He told officers he had consumed three beers.

Geoff Fox from the Tampa Tribune reports that the man failed field sobriety tests and a Breathalyzer test done at the jail showed he had not been drinking. The man would not provide a blood or urine test, but did admit to taking oxycodone and soma, a medication containing codeine, earlier in the evening.

The Wesley Chapel man was charged with DUI and child neglect. He was released Sunday morning from jail after posting $5,155 bond. It is not mentioned who took the girl home.

If these men are convicted of driving drunk with children in the car they could be exposed to increased penalties imposed by the court. The Pasco County State Attorney’s Office may seek sanctions such as incarceration, hefty fines and a license revocation for longer than the automatic six month administrative suspension from the DHSMV. Florida courts take DUI very seriously, and harsher sanctions are often administered to those that risk the lives of children in their vehicle when they get behind the wheel of a car intoxicated.

Continue reading "Pasco County, Florida DUI Attorney :: Two Men Arrested for DUI with Children Inside Vehicles" »

A Hudson, Florida woman was arrested and charged with driving under the influence, child abuse, possession of marijuana and possession of a controlled substance without a prescription after Pasco County police say she allegedly passed out at a Burger King drive-through with three children in her car.

The Associated Press reports that authorities were called after employees watched the 27-year-old woman fall asleep in her car. Children — ages 1, 3 and 5 — were passengers in the automobile.

The Pasco County Sherriff’s Office reported that the woman had marijuana and oxycodone in her possession, and she allegedly told police she had smoked marijuana earlier in the day. She was held on $7, 150 bond.

The children were placed with their father.

A prosecutor for the state of Florida must show that the defendant was driving and at that time also under the influence of alcohol and/or a chemical substance to prove DUI. In this case, where there is no mention of the presence of alcohol, the State will attempt to weave an argument of impairment based on the presence of drugs and possibly any statements that may have been made at the scene. Assuming they are admissible at trial, these statements will most likely be the corner stone of the State’s case. Sometimes that’s a tough sell to a jury, especially when the only person who heard these comments is the same person who made the arrest.

Continue reading "Pasco County, Florida DUI Attorney :: Tampa Bay-Area Woman Faces Several Charges After Falling Asleep at Burger King Drive-Thru with Children in Car" »

Orlando, Florida police arrested former Pittsburgh Steelers football player Joseph Burnett II, now under contract with the New York Giants, for his first DUI last week.

Burnett, 24, was arrested on March 16 by Orlando police and charged with first-degree misdemeanor DUI, according to court records.

He posted bond and was released from jail the same day. According to the Orlando Sentinel, his arraignment date is April 14 at the Orange County Courthouse.

An Orlando police arrest affidavit showed that Burnett’s vehicle was failing to maintain its lane and moving at a low rate of speed.

An officer followed Burnett and pulled him over after he starting speeding an alleged 10 mph over the speed limit. The arresting officer said that when Burnett exhaled he smelled a trace of alcohol from his breath.

Burnett agreed to a field sobriety test where the arresting officer concluded that Burnett was supposedly under the influence of either drugs or alcohol that impaired his normal faculties.

Following his arrest he was transported to a DUI center where he provided two valid breath samples, both reading 0.046. Florida’s legal limit is 0.08, but a driver can still be charged with driving while under the influence for failing a field sobriety test.

Burnett received a misdemeanor citation for driving while under the influence and was transported to the Orange County Jail.

A blood or breath test reading at least 0.08 automatically declares intoxication according to Florida DUI statute. However, this case is a prime example of being arrested for being too impaired to drive even if your reading is below 0.08. Oftentimes a lower reading can indicate to police that an individual is under the influence of another intoxicant such as drugs or medications.

Field sobriety tests have widespread use, but are not always reliable indicators of being too impaired to operate a vehicle. The results of Burnett’s field sobriety tests can be contested on several arguments, including improper “grading” or incorrect administration by the officer.

Continue reading "Orlando, Florida DUI Attorney :: New York Giants Defensive Back Arrested for First DUI" »

A Palm Harbor, Florida man was charged with DUI after he apparently rear-ended a police cruiser Thursday afternoon.

The Associated Press is reporting that the 40-year-old man did not suffer any injuries, but the deputy sustained minor injuries.

The Pinellas County Sherriff’s Office reports that the man failed a field sobriety test by all accounts and had Oxycodone in his possession.

The Palm Harbor man was arrested and charged with DUI, DUI with personal injury, DUI with property damage and felony possession of a controlled substance. He has been released on $3,500 bail.

According to Florida law, any person driving under the influence of alcohol or drugs that causes property damage or personal injury to another is guilty of a first degree misdemeanor. Mandatory minimum sentencing can apply if this man has any prior DUI convictions. If this is a first time occurrence, the maximum sentence is one year in jail and a $1,000 fine. A first time DUI carries consequences of six months in jail and a $500 fine.

Any DUI case with property damage or personal injury is viewed very seriously in the eyes of Florida law. Published government agency statistics show that DUI accidents make up almost forty percent of fatal vehicle collisions and just about ten percent of these car crashes involve alcohol.

Continue reading "Palm Harbor, Florida DUI Attorneys :: Tampa Bay- Area Man Charged with DUI Following Collision with Deputy" »

A University of Florida baseball player was arrested Sunday night for DUI after allegedly performing poorly on field sobriety exercises.

The UF senior refused a breathalyzer following his arrest.

According to the arrest report, the 22-year-old baseball student-athlete was observed by an officer making wide turns and drifting towards a curb while navigating his vehicle. The officer also noted that the man’s eyes were supposedly bloodshot and glassy.

The Gainesville college baseball player was released from the Alachua County jail on Monday and has been suspended from the University of Florida baseball team.

In this case, the student-athlete refused a breathalyzer test so there is no exact measurement of breath, blood or urine that can prove he was driving under the influence of illegal drugs, alcoholic beverages, medication or a combination of the three. However, in the state of Florida, State Prosecutors do not need the results of these tests to enforce a DUI charge. Since the arresting officer noted that the man’s actions did not maintain normal faculties, this could be sufficient evidence for the state to prove their case against the defendant.

The Florida DHSMV will immediately suspend the man’s driver’s license for a full 12 months for his refusal to submit to a breath test. This Gainesville baseball player has 10 days from his arrest to challenge and appeal his administrative suspension and obtain a Temporary Drivers Permit. By contacting a Florida DUI attorney, an appeal can be started and an investigation into any information or evidence can be gathered to put towards trial, in the event the case makes it that far.

Continue reading "Gainesville, Florida DUI Attorneys :: College Baseball Player Arrested for DUI" »

March, 2011

A Largo man was arrested and charged with driving under the influence after colliding into a police cruiser early Wednesday morning.

According to arrest reports, the 37-year-old man crashed into the police cruiser around 1 a.m.

The officer behind the wheel of the cruiser was taken to Largo Medical Center for evaluation. He supposedly did not suffer any severe injuries.

The man arrested allegedly had red eyes and breath that smelled of alcohol, according to police. He refused to submit to field sobriety tests or a breath sample.

Police said that a white powder found in his pocket tested positive for cocaine. He was also charged with possession of a controlled substance.

Arrest reports indicated that the man was arrested on Jan. 22 for a DUI charge where he also refused to submit to testing. As a result, his license was suspended and he is now charged with driving with a suspended license.

Court records show that the man was convicted of DUI in February 2006 where he received one year of probation.

The man was released on $6,750 bail from the Pinellas County Jail on Wednesday afternoon, according to the St. Petersburg Times.

The difference between a misdemeanor and felony DUI is based on numerous factors. First, if the DUI is a driver's third DUI within 10 years or their fourth or successive DUI, the State can file a Felony DUI charge. Second, a Felony DUI can be charged if the injuries caused by the DUI resulted in a severe bodily injury or death, which is also known as DUI Manslaughter.

Continue reading "St. Petersburg, Florida DUI Attorney News :: Largo Man Charged with Third DUI" »

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" »

Shaun King, former Tampa Bay Buccaneers quarterback, was arrested Sunday morning. Hillsborough County jail records show he was accused of driving drunk.

King, 33, who resides in St. Petersburg, allegedly refused to take a breath test after being pulled over around 2 a.m. He was arrested on a misdemeanor charge of driving under the influence, according to police reports.

He posted $500 bail and was released a bit after 10 a.m.

Refusing a breath, blood or urine test for alcohol content in Florida has positive and negative consequences. For instance, if you refuse a lawful breath test, the State Attorney will not have a breath test reading to use against you in trial. However, the DHSMV may suspend your driving privileges for the refusal. If your BAC is beyond .15 percent, the state of Florida can seek enhanced punishments.

For refusing a lawful breath test in Florida, your license could be suspended for 12 months if this is your first refusal to submit to a breath test. This license suspension has nothing to do with a criminal charge; it is an administrative suspension from the Department of Highway Safety and Motor Vehicles. After 90 days you can be issued a hardship license. Finally, a prosecutor can bring evidence of a “guilty mind or conscience” against you in court for refusing the lawful breath test by arguing to the jury that the reason you refused to provide the breath sample was because you knew what the results would be.

Continue reading "Tampa DUI Attorney News :: Former Tampa Bay Buccaneer QB Shaun King Charged With Misdemeanor DUI" »

News reports are indicating that a local dentist, while driving over the Harbour Island Bridge around 2 a.m. this morning, lost control of his Cadillac SUV and killed two pedestrians while injuring another. Currently we know the driver is charged with two counts of Vehicular Homicide, two counts of DUI Manslaughter, DUI with personal injury and/or property damage and Battery on a Law Enforcement Official.

The defendant has currently been issued a $19,000 bond on all charges except for the two DUI Manslaughter counts, where he remains in custody in Hillsborough County Jail with no bond. We would expect the defendant’s bond status to be quickly addressed by the attorney who is assigned to this case.

Due to the likelihood of long, drawn-out litigation, it is important to get a resolution to the defendant’s custody status immediately. Specifically, the dentist's attorney will need to motion the court for a determination of a bond amount in the two DUI Manslaughter counts in order to achieve pre-trial release.

It is all but a certainty that this case will quickly turn on three major factors. First, Florida prosecutors are going to work around the clock to obtain the results of any breath or blood results in this case. It is undetermined at this time which type of test was relied on in making a charging decision this matter. Further, and probably more importantly, the court will be interested in whether the results obtained, if any, were obtained through reliable procedures and taken with properly maintained instruments, such as a Intoxilyzer. The third major issue, will be determining whether there is a nexus between the actual death of the victims and the defendant's alleged impairment. It is important to note that if the prosecutors are unable to show that the DUI was the actual cause of the fatality then a DUI Manslaughter charge would be inappropriate. The dentist may still have a misdemeanor DUI to defend, but the lack of connection to the cause of the deaths would be the hole in the prosecution's case.

Continue reading "Tampa, Florida DUI Manslaughter Defense Lawyer Jason Melton Discusses Dentist Charged in Vehicular Homicide" »

Lake Mary, Florida law enforcement arrested a 43-year-old woman for DUI while she stood in the pick up line at a Florida Elementary School. Unfortunately, this was not the first time this woman had been arrested for DUI, as it has been reported that the defendant has three prior DUI arrests.

The report went on to detail that police were initially called because the woman crashed into a lead vehicle in the pick up line at the school. The police indicated that roadside field sobriety exercises were given and that she performed “miserably”. One eyewitness reported that the woman fell forward while attempting to walk a straight line heel-to-toe.

In Florida, if her three previous DUI arrest all resulted into convictions, she will likely be charged with a third degree Felony DUI. Unlike her previous misdemeanor DUIs, this Felony DUI can ultimately land her in up to five years state prison and permanently revoke her driver’s license.

Continue reading "Florida Mom Arrested for Fourth DUI While Picking Up Child From School" »

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 Whittel & Melton, LLC 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 Whittel & Melton, LLC 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 Whittel & Melton, LLC 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.