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 Plant City, Florida man was arrested Thursday night on charges of DUI manslaughter, which the Florida Highway Patrol says is in connection with a fatal March 6 crash.

Troopers stated that the man was driving a 1999 Ford Escort, heading east, when he crashed into a 2005 Toyota Corolla almost head on.

According to the report, the passenger of the Toyota Corolla was killed and the driver was injured. Also killed, was the passenger in the Plant City man’s Ford Escort. The man driving was injured as well.

During the investigation, the Plant City man’s BAC was allegedly twice the legal limit in Florida at 0.216.

The man faces the manslaughter charge, one count of DUI involving serious bodily injury, one count of DUI property damage, and a traffic citation for driving on the wrong side of the roadway.

He is awaiting his first appearance on Friday at the Hillsborough County jail.

DUI manslaughter is considered a Second Degree Felony in the state of Florida. This offense is punishable through heavy fines, restitution, and a maximum of 15 years imprisonment. For the charge of DUI involving serious bodily injury, the man could be found guilty of a Third Degree Felony punishable by $5,000 in fines and up to five years behind bars. This man could be facing a permanent license revocation as well.

Continue reading "Tampa, Florida DUI Lawyer :: Central Florida Man Charged with DUI Manslaughter" »

According to Florida news reports, a 21-year-old Land O’ Lakes man was struck by a Port Richey man’s truck in the early morning hours.

Florida Highway Patrol has charged the 73-year-old driver with Felony DUI with Serious Bodily Injury, Misdemeanor DUI, DUI with property damage and Refusal to submit to a breath test. The defendant was being held in the Pasco County, FL Jail.

The victim was allegedly crossing the road without the benefit of a crosswalk. This fact did not escape the Florida Troopers as they have been quoted that the victim “failed to use a crosswalk while crossing the road and improperly crossed State Road 54.”

How this accident happened will play a vital role in the defendant’s case as although the cause of the accident is in no way a defense to misdemeanor DUI or DUI with property damage. Causation, is in many ways, a defense to DUI with Serious Bodily Injury or DUI Manslaughter, as Florida law requires a nexus between the alleged criminal conduct (here DUI) and the victim’s injury or death.

As an example, most recently, NFL fans watched Cleveland Browns’ receiver Donte Stallworth negotiate a plea prior to being tried for DUI Manslaughter in Miami Beach, Florida. Both law enforcement and the defense attorneys involved knew that despite Mr. Stallworth’s alleged impairment, the accident that took the life of a man on his way home from work, was arguably unavoidable due to the path taken by the victim.

Better stated, the Florida Supreme Court ruled in 1999 in State v. Hubbard, that prosecutors will fail to meet its burden of proof to demonstrate causation where the accident producing the death or serious bodily injury was completely unavoidable.

Continue reading "PASCO COUNTY DUI SUSPECT ACCUSED OF CAUSING SERIOUS INJURY TO A MAN IN ACCIDENT WITH HIS PICKUP TRUCK" »