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" »

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 drunk-driving accident, collision, or hit-and-run can lead to a considerably greater penalty in a DUI case. Aside from the probable DMV consequences in these types of cases, it is specifically imperative to consult with an experienced Florida DUI Defense Attorney right away.

The Florida Times-Union is reporting that a 41-year-old Jacksonville, Florida man was arrested Friday shortly before 9 p.m. for drunk driving and a hit-and-run accident while accompanied by his two young daughters and young son, aged 5, 6 and 9.

Police allegedly stopped the man after noticing his Toyota driving erratically. Officers at the scene supposedly noted the man had slurred speech and a strong presence of alcohol.

During the stop, dispatchers allegedly matched the Toyota the man was driving to a hit-and-run accident where another vehicle was rear-ended.

Police apparently found the man’s three children in the passenger side and rear seat after looking inside the man’s vehicle. The children were released to their mother.

The alleged victim of the hit-and-run was brought to the scene and supposedly confirmed the man’s car as the one that hit her and then fled.

According to a police report, the man supposedly told police he had consumed three beers and codeine. During the investigation, he allegedly fell asleep in the patrol car.

The man was charged with DUI while accompanied by a minor, DUI causing damage, leaving the scene of an accident and careless driving.

Numerous hit-and-run accidents involve people who have consumed alcohol or drugs.
Sometimes a driver, who may or may not be legally drunk, may leave the scene of an accident because they are scared of being charged by police for DUI. On the other hand, a driver who has been drinking may not even realize he or she hit another car. A vital role in the defense of a DUI hit-and-run accident involves the question of intent. Did the driver of the car that hit another vehicle actually realize he or she had been in a collision and consciously and deliberately leave the accident scene? The charges against you may be reduced if it can be shown that you did not intentionally leave the scene of an accident because you were afraid of being charged with DUI. The Florida DUI Defense Attorneys at Whittel & Melton can further investigate your case and prepare a defense to combat allegations of DUI and hit and run.

The consequences for a conviction of DUI and leaving the scene of an accident varies depending on who or what was involved and if any serious injuries occurred. A conviction for hit and run can result in jail, fines, and the loss of your license. When you face criminal charges of DUI and leaving the scene of an accident in Florida, you should consult with the Florida DUI Defense Attorneys at Whittel & Melton as soon as possible.

Our Office assists individuals arrested for DUI throughout the State of Florida including Jacksonville, Bartow, Brooksville, Boca Raton, Bronson, Bushnell, Clearwater, Dade City, Fort Lauderdale, Fort Myers, Gainesville, Inverness, The Keys, Miami, Naples, New Port Richey, Ocala, Orlando, Tampa, Tallahassee and Tavares as well as everywhere in between.

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