Tampa DUI Lawyer Blog

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" »

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" »

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" »

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 19-year-old University of Miami student was charged with DUI Manslaughter Monday in Miami-Dade Circuit Court as a result of an Oct. 3 car crash that killed a 68-year-old mother of five and grandmother of seven.

According to Coral Gables police, the student allegedly had a blood alcohol level nearly triple the legal limit when she rammed her 2011 Audi Q5 into a Ford Focus shortly after 4:30 a.m. The driver of the Ford Focus was killed instantly.

The student was first charged with vehicular manslaughter, but prosecutors tacked on the DUI manslaughter charge as well as a third-degree felony count of possessing a false driver’s license. The student is accused of possessing several fake IDs.

The student’s toxicology report indicates that shortly after the crash her blood alcohol level was .231, according to the Sun-Sentinel.

The girl has allegedly pleaded not guilty and is awaiting trial under house arrest.

The victim’s family is supposedly suing the student and her father, the owner of the Audi, for negligence.

In accidents such as this one, it is important to note that police and Florida Highway Patrol reports are often drawn up quickly and biased against a driver that indicates impairment from either alcohol or drugs. It is crucial to contact an experienced Criminal-DUI Defense Lawyer after an alcohol-related wreck occurs so that the defense can begin a separate investigation while any evidence is still fresh. The sooner the defense can perform an independent toxicology analysis and accident reconstruction, the better.

When a driver causes an accident either by operating a vehicle negligently or by disobeying a traffic law, he or she may be charged with Vehicular Manslaughter. If police find that alcohol was involved, then prosecutors often charge the person that consumed alcohol with Vehicular Manslaughter even if the accident was unavoidable and quite possibly not his or her fault. A DUI Manslaughter conviction can carry up to 15 years in prison with a minimum mandatory sentence of four years. There is a mandatory lifetime driver’s license revocation in addition to prison time if convicted.

In allegations of DUI Manslaughter, there are two main factors a criminal defense attorney explores – the intoxication level and the cause of the accident. There are several standard ways of fighting a DUI in regards to intoxication level, including the accuracy of BAC testing devices, assumption of the BAC at the time of the accident, the possibility the driver did not consume enough alcohol to be considered under the influence and poor police DUI investigation tactics. It is critical for a Florida Criminal-DUI Defense Attorney to conduct an independent accident reconstruction with the help of private experts to determine the exact cause of the accident. DUI Manslaughter charges arise from speculations that the defendant’s impaired driving caused the death of the victim. The victim of a DUI Manslaughter case could be a passenger as well as a passenger in another car or even a innocent bystander.

The Florida Criminal-DUI Defense Lawyers at Whittel & Melton can vigorously challenge the prosecution’s case. We understand that these are extremely emotional cases and the family of the victim will be pushing the State for maximum penalties. Our staff and attorneys have the training and experience needed to properly evaluate the facts of your case and successfully defend your DUI manslaughter charges.

Continue reading "FL DUI Manslaughter Defense Lawyers Whittel & Melton :: Student Charged in Crash That Killed Grandmother" »

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" »

The Miami Beach Police Department arrested the rapper known as Flo Rida early Thursday morning for DUI and driving with a suspended license.

The 31-year-old rapper caught the eye of Miami Beach police after he allegedly swerved through South Beach in his two-door 2008 Bugatti. The arresting officer said the rapper had watery, bloodshot eyes, slurred speech and the smell of alcohol on his breath.

According to a Miami Beach Police Department spokesperson, Flo Rida’s blood alcohol level was .185.

The rapper was supposedly instructed to perform a test of walking a straight line on a smooth surface; however, police reports indicate the man failed after two attempts and allegedly made a comment to an officer about having a few drinks and not being able to walk a straight line.

A routine computer allegedly revealed the rapper’s driver’s license was suspended on May 3 for failure to pay a traffic fine.

Flo Rida was arrested and transported to the Miami Dade Correctional Department. A judge signed an order allowing Flo Rida to travel to Bangkok, Thailand for a series of upcoming concerts.

It is so important to hire the right criminal defense lawyers for your case. Each jurisdiction is different. Flo Rida and his management had the foresight to hire the Miami Beach Criminal Defense law firm Lyons & Lurvey. We rarely ever use the forum to endorse another firm’s work. However, this firm would fall within the exception, as they have become notorious for great results in Miami-Dade County criminal court. Attorneys Christopher Lyons and Daniel Lurvey will do a phenomenal job for the rapper.

The consequences of a DUI in Florida can be far-reaching and extremely callous. Even if you are facing a first time offense, a conviction can bring you 50 hours of community service, a hefty fine, impoundment of your vehicle, probation for up to a year and having your licensed suspended for a good amount of time. When you tack on factors such as a breath or blood alcohol level above .15 percent, a minor in the vehicle or previous infractions, such as a suspended license, the penalties multiply significantly.

Continue reading "Florida DUI Attorney :: Rapper Flo Rida Arrested for DUI on Miami Beach" »