Tampa DUI Lawyer Blog

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 " »

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" »

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 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" »