Tampa DUI Lawyer Blog

A 41-year-old Alachua, Florida resident was arrested Jan. 26 for DUI after she allegedly rammed into the back of a semi-trailer and had a blood-alcohol level three times the legal limit.

No one was apparently injured.

The woman allegedly provided two samples of a breath test that registered .262 and .264. Florida law presumes anyone with a blood-alcohol level of .08 or higher to be intoxicated.

The woman was booked into the Alachua County jail.

If you have been charged with a DUI in Alachua County or throughout the state of Florida, there are a few things you should know. Many times prosecutors for the State will approach you at your first court appearance and push you towards giving up your rights to a Florida DUI Attorney. This is often done so that they can resolve their cases faster. In the end, prosecutors may be able to persuade people to sign their rights away and accept a plea deal for their DUI case. However, it is important to be aware that you have the right to review police reports, videos or photographs, breath or blood test results, DHSMV records and other documents pertaining to your DUI. There is absolutely nothing wrong with requesting to view them.

The Florida DUI Lawyers at Whittel & Melton firmly believe that those who are facing criminal DUI charges deserve to know the evidence stacked against them. Those accused of a Florida DUI have the right to know whether or not deputies acted inappropriately or violated any laws or rights. If your rights were violated, this could be grounds for a dismissal of any charges before your case makes it to trial. However, without a Florida DUI Attorney you may never know if your case can be won. For these reasons, it is best to consult with the Florida DUI Lawyers at Whittel & Melton immediately following your arrest.

Continue reading "Gainesville DUI Lawyers Whittel & Melton :: Driver Arrested for DUI after Allegedly Smashing into Semi" »

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.

Continue reading "Aggressive Statewide Florida DUI Defense Attorneys Whittel & Melton :: Jacksonville Dad Arrested for DUI with a Minor and LSA" »

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" »

A 38-year-old Land O’Lakes woman and England native was charged with three counts of DUI with property damage Monday after her Dodge Durango allegedly struck a mailbox and a traffic warning sign. Florida Highway Patrol said the vehicle came to a stop amidst trees and shrubbery where it caught on fire.

According to Tampa Bay Online, the accident occurred around 3:35 p.m. The woman was supposedly drifting in and out of sleep when speaking to a trooper at the scene. She eventually was able to tell police she was traveling to pick up her 2- and 4-year-old children from day care.

She was released from the Land O’ Lakes Jail Tuesday morning after posting a $1,500 bond.

Under current Florida law, law enforcement is permitted to forcibly draw blood from a driver if the officer thinks that someone has endured serious bodily injury or when there is a fatality. It is not out of the ordinary to see a case where a DUI suspect declined a blood alcohol test and blood was drawn anyway. In cases like these, protests can be made to keep the results from being entered as evidence at trial on fourth Amendment search and seizure grounds and Fifth Amendment due process and rights against self-incrimination.

The drawing of blood is objectionable when the gap of time between the DUI arrest and the drawing of blood is far apart. Many courts hold police responsible for obtaining a search warrant before compulsive blood draw. The government has successfully argued in certain instances that the fleeting nature of blood alcohol evidence makes dire circumstances that can rationalize the confiscation of blood without a search warrant. The forcible blood draw is usually rendered invalid if other tests such as a breathalyzer test are available and have been or could have been carried out.

Continue reading "Land O’Lakes, Florida DUI Attorney :: Pasco County Woman Charged with DUI after Colliding Into Mailbox" »

A 35-year-old New Port Richey, Florida woman was charged with DUI, driving with a suspended license and two counts of DUI property damage after rear-ending a school bus Thursday morning. Florida Highway Patrol reported she was also wanted for failure to appear in a theft case.

According to Tampa Bay Online, the accident happened at 9:22 a.m. when the bus was stopped at an intersection. The woman allegedly failed to stop and hit the rear of the bus.

The bus was carrying 25 students ages 9 to 12 and a 48-year-old bus driver. No one was injured.

The woman was being held at the Land O’Lakes jail with bail set at $1,513.

All DUI cases in Florida are considered criminal. Driving while your license is suspended for a Florida DUI is an additional criminal offense. Being convicted of this charge carries penalties of jail time and fines. Prior DWLS convictions can be a cause for enhanced consequences. A third conviction can become a felony under Florida law.

Most Florida DUI offenses are misdemeanors; however a DUI can become a felony if the DUI conviction is the third within the past 10 years, is the fourth or greater DUI conviction despite time frames or if the person charged with DUI causes serious bodily injury to another person.

Continue reading "New Port Richey, Florida DUI Attorney :: Pasco County Woman Charged with DUI after Crashing Into School Bus" »

A Hillsborough County Sherriff’s deputy and former St. Petersburg police officer was arrested late Sunday night for DUI with property damage after he rear-ended another vehicle. He was driving a 2004 Ford Explorer around 10 p.m. when he was arrested by Tampa police.

An officer said the 33-year-old deputy smelled strongly of alcohol and refused a Breathalyzer test. During field sobriety tests the man allegedly had problems following simple directions and his eyes were glassy and bloodshot.

He posted $500 bond and was released around 6 a.m.

A Hillsborough County Sherriff’s spokeswoman said the man has been placed on administrative leave without pay.

Florida prosecutors look at any DUI involving a collision or crash closely because enhanced penalties apply to those charges regardless if anyone was actually injured. The criminal charge of DUI with damage to another person or property is a first degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine. A first DUI with no damages can carry consequences of six months in jail and $500 fine.

It will be especially interesting to see how the State Attorney’s Office deals with a sworn law enforcement officer refusing the breath test.

DUI cases with property damage do have viable defenses despite the seriousness of the allegation. In this case the man was asked to step outside of his vehicle and perform field sobriety exercises. Inaccuracies with the results could be possible since the tests were performed after the accident, and the driver could have been on edge from the accident or even hurt, and not intoxicated. The man did refuse a breath test, but if he had provided a sample, the reading could have been imprecise if his airbags were deployed during the accident. Many experts believe that when airbags are deployed during an accident it can throw off the breath test machine, causing it to record higher and erroneous readings.

Continue reading "Tampa, Florida DUI Lawyer :: Hillsborough County Sherriff’s Deputy Arrested for DUI" »