Tampa DUI Lawyer Blog

A WWE wrestler was arrested at the end of September and charged with one count of DUI with a BAC over 0.15.

According to WTSP.com, Jonathan Fatu, who goes by the professional name Jimmy Uso, was allegedly observed by Tampa police driving the wrong way sometime before 3 a.m.

Fatu allegedly showed signs of impairment during a field sobriety test. The arrest report indicated the man supposedly had slurred speech, glassy bloodshot eyes and the smell of alcohol on his breath.

The wrestling pro resides in Tampa and is currently part of a tag team with his twin brother.

In general, police must observe something about the driver that gives them a reason to stop the motorist. Like any rule, there can be exceptions to this including blocking roadways, sobriety checkpoints and accidents. However, many of the reasons police stop a vehicle on suspicion of DUI have nothing to do with DUI, rather are might be technical flaws in the driving pattern as opposed to driving behavior clues that are indicative of DUI.

As an example of the assumptions made by law enforcement based on driving patterns, the National Highway Traffic Safety Administration has published common driving patterns or “cues” exhibited by motorists investigated for DUI. The research, conducted over several years, places percentages next to the driving cues that indicate X% chance the driver is impaired. There have been 24 driving cues identified that can be broken down into four categories:

Faults in Maintaining Proper Lane Position- 50% chance driver is impaired

• Drifting
• Swerving
• Weaving
• Weaving across lane lines
• Straddling a lane line
• Nearly striking another vehicle or object
• Turning with a wide radius

Speed and Braking Problems- 45% chance driver is impaired

• Slow speed
• Varying speed
• Accelerating for unknown reason
• Stopping too far, too short, too jerky, etc.

Vigilance Problems- 40% chance the driver is impaired

• Driving without headlights at night
• Failure to signal a turn or lane change
• Driving the wrong way
• Delayed response to traffic signals
• Slow or failure to respond to officer’s signals
• Stopping in the lane for unclear reasons

Judgment Problems- 35% chance the driver is impaired

• Following too closely
• Improper or unsafe lane change
• Illegal or improper turn
• Not driving on the designated roadway
• Stopping inappropriately in response to an officer
• Inappropriate or unusual behavior, and
• Appearing to be impaired

The Florida DUI Defense Lawyers at Whittel & Melton recognize that most DUI investigations begin before a motorist is actually pulled over by a police officer. Officers are trained to be on the lookout for driving behaviors thought to be consistent with alcohol intoxication. These alleged cues of inebriation are usually depended upon by law enforcement and prosecutors to substantiate guilt in DUI cases. However, along with additional facets of a DUI investigation, relying on these cues can be misleading because certain people are uncoordinated and may display some of these driving cues while sober. It is extremely important to retain an experienced Florida DUI Attorney who is well-versed on how to combat the prosecution’s efforts to use your observed driving pattern against you. By doing so, you have the best chance of obtaining positive results for your unique case.

Continue reading "Tampa DUI Defense Attorneys Whittel & Melton :: Tampa, Florida Police Arrest WWE Wrestler for DUI" »

A 45-year-old Lithia, FL man was charged with DUI-manslaughter Tuesday night after the pickup truck he was driving allegedly collided with a Honda that burst into flames and killed the driver.

According to deputies, the man was driving a 2001 Ford F250 around 11 p.m. Tuesday night when he supposedly smashed into the back of the Honda causing it to ignite into flames and land in a roadside ditch.

The driver of the Honda was pronounced dead at the scene.

The man allegedly refused to submit to a blood-alcohol test. He remained in the Hillsborough County Jail this morning and no bail has been set.

In a traditional DUI case, a driver has the right to refuse a blood, breath or urine test. However, there are some instances when an officer can administer a blood-alcohol test without permission from the driver. In the state of Florida, a person accused of DUI-manslaughter is required by law to comply with a blood test and if refused, officers have the right to forcibly withdraw blood. They are also granted permission to withdraw blood from someone who is unconscious. By its very definition breath and blood tests are inaccurate and do not accurately represent the driver’s true blood alcohol content at the time of an accident or while a defendant is driving, as required by law.

A driver who is accused of driving drunk and causing a fatal car wreck will most likely face DUI manslaughter charges. DUI manslaughter is considered a second-degree felony under Florida law and is punishable by a maximum of 15 years in state prison. In a DUI manslaughter case, the State must prove that the defendant’s impairment had a connection or nexus to the fatal accident. Florida law enforcement officers will immediately conduct their own investigation of the crash; this is usually done by a Traffic Homicide Investigator who takes measurements of the accident scene to determine its cause.

It is important for you to contact the skilled Florida DUI Manslaughter Defense Attorneys at Whittel & Melton immediately following your arrest for DUI-manslaughter so that we can retain our own expert to reconstruct the scene of the alleged crime to potentially show possible defenses that exist for your specific case. The outcome of your case depends on early action by your criminal defense attorney so that any evidence that can protect your freedom is preserved.

Continue reading "Tampa, FL Criminal-DUI Defense Attorneys Whittel & Melton :: Hillsborough Co. Man Charged with DUI-manslaughter" »

Tampa Bay Buccaneers assistant coach Jayson Kaiser was arrested for DUI shortly after midnight on Wednesday after he was pulled over for driving with his headlights off. According to police, Kaiser allegedly smelled of alcohol, had slurred speech and bloodshot eyes.

Kaiser supposedly refused to participate in a field sobriety test or take a Breathalyzer test because he claimed he had not been drinking. According to FOX Sports, Kaiser was held on $500 bail and his car was impounded.

This marks the third arrest for members of the Bucs organization over the past few months. The Bucs pro scouting coordinator and former Bucs linebacker Shelton Quarles was arrested March 4 on suspicion of drunk driving.

Bucs cornerback Aqib Talib was charged with felony assault with a deadly weapon last month after a domestic dispute in Texas in which he allegedly shot at his sister's boyfriend.

Following an arrest for DUI, police will often have the driver’s vehicle towed. In some cases, police may release the vehicle to a passenger that is not impaired or even contact a family member to come retrieve the automobile from the scene. In the majority of DUI cases police will call for the car to be towed to a city impound lot where it can be picked up by the suspect once they are out of jail and can pay the fees to redeem it. Traditionally courts order the impoundment of a vehicle involved with DUI for a minimum of 10 days.

Impoundment of a vehicle can be waived if the family only has one vehicle or no other resources for transportation. If not, the car cannot be impounded while a suspect is held in jail. If a jail sentence is being served, the impoundment will happen once the person is released from jail.

Continue reading "Tampa, Florida DUI Attorney :: Tampa Bay Buccaneers Assistant Coach Accused of DUI" »

Tampa police arrested a 48-year-old Hillsborough County firefighter Tuesday around 9:40 p.m. for DUI. According to MSNBC, the man was not working that evening.

Police stopped the man for allegedly driving his 2000 Ford Focus without its headlights on.
Police reports show the man’s breath-test readings for blood-alcohol content at 0.176 and 0.171.

The Tampa, FL man was arrested in 2008 for DUI. A spokesman for the Hillsborough County State Attorney’s Office said he pleaded guilty and received 12 months probation, 50 hours of community service and his driver’s license was revoked for six months.

If you have been arrested for DUI and the arrest occurred within five years of a previous DUI conviction, then under Florida law your DUI will qualify as a second DUI within five years. This charge can carry a shocking five year revocation of your Florida driver’s license. If the DUI arrest is outside the five years of a previous DUI conviction, the law can seek punishments similar to a first time DUI with maximum jail time at nine months, fines between $1,000 and $2,000 and installation of an ignition interlock device for one year. After a second DUI conviction, a driver is not eligible for a hardship license following an administrative suspension.

If your DUI conviction falls within five years of a prior DUI conviction your penalties can include at least 10 days in jail with a maximum incarceration period of nine months, unless your BAC reading was beyond .15, which could elevate jail time to 12 months. Along with time served comes a probation period of 12 months and fines between $1,000 and $2,000, unless your BAC reading was beyond .15, which could raise fines to a maximum of $4,000. A mandatory ignition interlock device can be placed on your car for at least 12 months with a maximum time period of 24 months. While the driver’s license revocation period for a second DUI within five years is five years, you could be eligible for a hardship reinstatement hearing after one year.

Continue reading "Tampa, Florida DUI Attorney :: Hillsborough County Firefighter Arrested for Second DUI" »

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" »

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" »

Shaun King, former Tampa Bay Buccaneers quarterback, was arrested Sunday morning. Hillsborough County jail records show he was accused of driving drunk.

King, 33, who resides in St. Petersburg, allegedly refused to take a breath test after being pulled over around 2 a.m. He was arrested on a misdemeanor charge of driving under the influence, according to police reports.

He posted $500 bail and was released a bit after 10 a.m.

Refusing a breath, blood or urine test for alcohol content in Florida has positive and negative consequences. For instance, if you refuse a lawful breath test, the State Attorney will not have a breath test reading to use against you in trial. However, the DHSMV may suspend your driving privileges for the refusal. If your BAC is beyond .15 percent, the state of Florida can seek enhanced punishments.

For refusing a lawful breath test in Florida, your license could be suspended for 12 months if this is your first refusal to submit to a breath test. This license suspension has nothing to do with a criminal charge; it is an administrative suspension from the Department of Highway Safety and Motor Vehicles. After 90 days you can be issued a hardship license. Finally, a prosecutor can bring evidence of a “guilty mind or conscience” against you in court for refusing the lawful breath test by arguing to the jury that the reason you refused to provide the breath sample was because you knew what the results would be.

Continue reading "Tampa DUI Attorney News :: Former Tampa Bay Buccaneer QB Shaun King Charged With Misdemeanor DUI" »

News reports are indicating that a local dentist, while driving over the Harbour Island Bridge around 2 a.m. this morning, lost control of his Cadillac SUV and killed two pedestrians while injuring another. Currently we know the driver is charged with two counts of Vehicular Homicide, two counts of DUI Manslaughter, DUI with personal injury and/or property damage and Battery on a Law Enforcement Official.

The defendant has currently been issued a $19,000 bond on all charges except for the two DUI Manslaughter counts, where he remains in custody in Hillsborough County Jail with no bond. We would expect the defendant’s bond status to be quickly addressed by the attorney who is assigned to this case.

Due to the likelihood of long, drawn-out litigation, it is important to get a resolution to the defendant’s custody status immediately. Specifically, the dentist's attorney will need to motion the court for a determination of a bond amount in the two DUI Manslaughter counts in order to achieve pre-trial release.

It is all but a certainty that this case will quickly turn on three major factors. First, Florida prosecutors are going to work around the clock to obtain the results of any breath or blood results in this case. It is undetermined at this time which type of test was relied on in making a charging decision this matter. Further, and probably more importantly, the court will be interested in whether the results obtained, if any, were obtained through reliable procedures and taken with properly maintained instruments, such as a Intoxilyzer. The third major issue, will be determining whether there is a nexus between the actual death of the victims and the defendant's alleged impairment. It is important to note that if the prosecutors are unable to show that the DUI was the actual cause of the fatality then a DUI Manslaughter charge would be inappropriate. The dentist may still have a misdemeanor DUI to defend, but the lack of connection to the cause of the deaths would be the hole in the prosecution's case.

Continue reading "Tampa, Florida DUI Manslaughter Defense Lawyer Jason Melton Discusses Dentist Charged in Vehicular Homicide" »

According to reports, Karlee Leliani Perez, aka as "Liviana" and “Candy Girl” in World Wrestling Entertainment’s (WWE) developmental promotion Florida Championship Wrestling, got the so-called smack down from law enforcement when she was arrested this summer for driving under the influence. Perez was stopped at Kennedy Boulevard and Moody Avenue in South Tampa.

The number of DUI convictions a person has in their past as well as whether there was an accident involving serious injuries relating to the DUI are factors that can impact the mandatory sentence in a drunk driving case. Generally, under Florida Statutes, courts are required to impose a driver’s license suspension, a hefty fine, at least six months of probation as well as DUI school as part of the sentence for a first DUI. It is for this reason that a DUI arrest should be taken seriously and why it is so important to hire an experienced DUI attorney to protect you.

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Tampa DUI Attorney Jason Melton has represented many defendants whose arrests wind up in the newspaper and suffer through the gossip that follows. But this past week, the Tampa, Florida publisher of the St. Petersburg Times and a sports editor were both arrested for DUI in Hillsborough County, FL. The Times was honorable enough to write about the arrest of their own employees.

According to the reports, the sports editor arrested for DUI was stopped on Bruce B. Downs and allegedly consented to providing a breath sample. The editor allegedly provided a sample of 0.19. The law presumes a driver is impaired at or above 0.08. The Florida Legislature recently amended Florida Statute 316.193, this is the Criminal Statute number for DUI in Florida, to include an enhancement of all DUI mandatory sanctions in convictions which result from arrests where the breath sample is in excess of 0.15. The law in Florida for years provided an enhancement where the breath sample was in excess of 0.20.

The Tampa, Florida publisher arrested for DUI was stopped allegedly for traveling 20 miles per hour over the speed limit. The arrest was concluded with a refusal of the breath test. In refusal cases, the State is obligated to present an argument to the jury that the defendant was impaired due to alcohol, drugs or the combination of the two. Commonly, the State will use its Field Sobriety Exercises as its most important piece of evidence in an impairment case. Because the results of these tests are so important, the method in which an officer conducts these tests or exercises is also important. The different parts of the normal FSE routine are taught in Police Academies throughout the country based on standards created by NHTSA. These exams are very much a central part of most defense cases when facing an impairment theory as opposed to a case based on a breath test, blood or urine results.

Continue reading "Slow News Day - Tampa Newspaper Reports on DUI Arrests of own Publisher and Sports Editor" »