Tampa DUI Lawyer Blog

A Summerfield, Florida man operating a golf cart was arrested Monday for DUI after allegedly failing a field sobriety test.

According to a police report, deputies were called to a Sally Beauty Supply after being notified of a robbery. Employees supposedly said a man acting strangely entered the store twice and asked for money from the cash register.

Clerks at the store apparently gave the man money from their pockets and he left.

A deputy supposedly spotted the 44-year-old man later driving a golf cart with one functioning headlight. The man allegedly agreed to a field sobriety test after being stopped by the officer.

The officer transported the man to the Marion County Jail after he allegedly failed the sobriety exercise.

According to police, the man’s record indicates that his driver’s license had been suspended in January 2004 for 10 years for DUI in Pasco County and that he was convicted two other times for DUI in Palm Beach.

The man supposedly declined a breath or blood test at the jail.

In addition to DUI the man was charged with refusing to submit to a breath test and driving with a suspended or revoked license.

In the state of Florida, it is entirely possible to receive a DUI while operating a golf cart. Similarly, a person can be arrested for DUI while riding a bike, scooter, horse and even a motorized wheel chair in Florida. The prosecution still has the same burden of proof whether a
DUI arrest is related to a golf cart or any other mode of transportation – the accused was in control of the vehicle and their driving ability was impaired by drugs or alcohol.

Golf carts are relatively inexpensive and quite easy to navigate which makes them a very popular mode of transportation for Florida residents. Golf carts are recognized as motor vehicles that can be just as dangerous as a car or any other type of automobile. With that said, if a driver of a golf cart is suspected of operating a cart under the influence of drugs or alcohol, he or she may suffer the same consequences associated with a motor vehicle DUI including the loss of a driver’s license, fines and possible jail time.

The Florida DUI Attorneys at Whittel & Melton can fully examine any evidence stacked against you to determine whether the information can be admissible in court. Our attorneys understand the legal requirements that apply to DUI evidence, including the calibration of breathalyzer tests, the validity of field sobriety tests and other important factors.

Continue reading "Ocala Golf Cart DUI Attorneys Whittel & Melton :: Man Driving Golf Cart on Roadway Charged with DUI" »

A 45-year-old man sentenced to six years in prison in August 2003 for DUI-manslaughter was arrested in Volusia County, Florida on August 20, 2011 for Boating Under the Influence.

The man was released from a state prison on Sept. 6, 2008 and started serving five years of probation.

Officers with the Florida Fish and Wildlife Conservation Commission reported that they were patrolling the waterways of the St. John’s River in Volusia County before 11 p.m. on Aug. 20 when they noticed the engine of a 17-foot ski boat trapped in a fence of barbed-wire.

According to the Ocala Star Banner, the 45-year-old man was the boat’s operator, who supposedly was confused why the boat would not move.

Commission officials freed the boat and did a safety inspection, according to a report. Officials allegedly noted a strong smell of alcohol while on board that appeared to come from the man, who supposedly had slurred speech and looked unstable.

After completing a field sobriety test, the man was arrested, which was a violation of the terms of his probation.

A Marion County judge signed off on an arrest warrant on Sept. 6 for VOP. The man turned himself in to the Marion County Jail on Sept. 14.

Along with prison time and probation, the man’s DUI-manslaughter sentence included a $500 fine and court costs, 100 hours of community service and permanent revocation of his driver’s license.

One of the punishments of a Florida DUI or DUI-manslaughter conviction is a probationary period. This requires that the defendant have no measurable alcohol in their system while operating any kind of motor vehicle, including a boat. When a defendant fails to comply with any of the terms associated with probation conditions, probation can be revoked and a court may insist on jail time. There is a hearing on the matter and the right Florida DUI Attorney can support your side and possibly keep you out of jail.

The laws governing the operation of a watercraft under the influence are essentially the same as DUI laws for motor vehicles in the state of Florida. To be found guilty of a BUI in Florida a prosecutor must prove that the operator has a blood alcohol concentration of .08 percent or greater or has impaired physical or mental abilities as a result of alcohol or a controlled substance. If convicted of a BUI, it will count as a previous DUI on any other consequent DUI offense you may have. Undoubtedly, the man’s prior DUI-manslaughter conviction will be counted against him and enhanced penalties could ensue.

A BUI charge can be classified as a misdemeanor or felony that carries heavy penalties for anyone convicted. A first conviction for BUI could carry consequences of a $500 fine and six months in jail. A second conviction could result in a $1,000 fine and up to nine months in jail. A third or consecutive conviction could lead to a felony charge that includes heavier fines and prison time. The Florida DUI Attorneys at Whittel & Melton are familiar with BUI laws and will work hard to evade a first conviction or any consecutive ones.

Continue reading "DUI Defense Lawyers Whittel & Melton Serving Marion County – Volusia County :: Man Convicted of DUI Manslaughter Arrested for BUI" »

A resident of Overland, Kansas was arrested Thursday for DUI after he allegedly urinated in a Marion County family’s yard and threw beer cans on their lawn. The man reportedly told the arresting deputy he was headed to Florida.

The deputy arrived around 6:30 p.m. to the family’s home and spoke to a man that said a black Lincoln pulled into the driveway and parked. A man got out of the car and urinated in the front yard and then pulled beer cans out of the car and threw them on the ground and left. The man’s wife and children were outside when the alleged incidents occurred.

The deputy pulled the driver over in another area of town. He reportedly told the officer that he had too much to drink and had taken an unknown amount of pills.

He supposedly requested medical attention and refused a field sobriety test. He was taken to Munroe Regional Medical Center and would not provide blood or urine tests.

He was arrested and taken to Marion County jail.

To be arrested for DUI in Florida, it does not matter if you are a resident of another state with an out of state license or if you have a Florida license. If you have been arrested for a DUI, you will face criminal court proceedings as well as a DHSMV hearing. If you are an out of state driver, you will most likely have your driver’s license suspended in your home state and face criminal prosecution in Florida.

It is important for any out of state driver visiting the Florida area to be aware that Florida is a member of the Interstate Drivers License Compact, a union that 45 states have entered into regarding traffic violations. The concept of this arrangement is thought of as “One Driver, One License, One Record.” This means that Florida will report the details of your infraction to the state of your residence, where license suspension or revocation penalties may be enforced as well as any criminal consequences that Florida may implement.

If you are arrested for DUI as an out of state driver in Florida, the most important thing you can do is contact a lawyer who is familiar with the laws and concepts specific to the local area your arrest took place.

Continue reading "Ocala, FL DUI Attorney :: Kansas Man Arrested for DUI after Urinating in Family’s Lawn" »

A Florida Highway Patrol trooper arrested a 26-year-old man and charged him with DUI and driving while his license was suspended or revoked Thursday after his car was witnessed stopped in a roadway in Ocala, Florida. An Ocala police officer found the vehicle with the man asleep behind the wheel inside with the keys in the ignition and the car in drive.

According to the Ocala Star Banner, the officer tried to wake the man numerous times. The trooper was called to the scene where alcohol was supposedly detected on the man’s breath.

The man allegedly failed a field sobriety test and was transported to the Marion County Jail. Two blood alcohol tests were performed at the jail that resulted in .133 and .134.

The man allegedly told the trooper he had been drinking, had two prior DUI’s in Iowa and still drives frequently even though his license is suspended.

To prove DUI in Florida, the state must prove that you were in actual physical control of your vehicle. The state can argue an individual was in actual physical control despite not driving the vehicle. If you are found asleep in a parked car, that alone can be a basis for a DUI prosecution. Actual physical control of a vehicle can just mean sitting behind the driver’s seat in some situations. The car doesn’t even have to be on to charge a person with DUI. If the keys are in the ignition or simply within reach of the person in the driver’s seat, law enforcement agents may consider the person to be in physical control of the vehicle and pursue a DUI arrest.

The State will usually argue that a driver need not be in a roadway to be charged with DUI. As long as the officer has a reasonable suspicion to investigate a situation, a DUI charge could occur from sitting in a car that is parked in the driveway of private property. Prosecutors will argue that the driveway has a connection to Florida roads.

Continue reading "Ocala DUI Attorney :: Marion County, FL DUI Charges for DUI after Falling Asleep Behind the Wheel " »

The Marion County Sherriff’s Office arrested a 31-year-old Williston, Florida man Wednesday for grand theft, DUI and refusing to submit to a breath test.

The man was allegedly at a hotel with an escort and at the end of their get-together, stole her purse.

According to the Gainesville Sun, the 23-year-old escort flagged down an officer shortly before 2 a.m. at a Sleep Inn Motel. She told the officer that the Williston man was quite intoxicated, driving drunk and had stolen her purse, which was worth $75, had $241 in cash inside and contained some prescription medication.

The escort told the officer that after their pre-agreed 30 minute tryst was finished she went to the restroom. While she was in the bathroom, the man left the motel room with her purse.
The deputy followed the Williston man’s car and stopped him after he made a wide U-turn and ran over a curb.

The officer saw the purse in question in the man’s front seat and retrieved it.

The man allegedly failed a field sobriety exercise and was taken to the Marion County jail, where he refused to take a breath alcohol test.

Around noon on Wednesday the man contacted an Ocala Star-Banner reporter to make a statement. Apparently the man told the reporter he was not guilty of drinking, being with a woman or stealing anything.

Field sobriety tests are quite controversial in Florida DUI cases. The tests are designed to determine if a person is too incapacitated to operate a vehicle and to keep any dangerous activity off of the roadways. The intentions of these tests are good, however, many times the tests can be inaccurate. A few examples of field sobriety tests include writing the alphabet or reciting it backwards, counting fingers, touching your nose or standing on one leg.

The most controversial factor of field sobriety tests is that people not under the influence of alcohol or drugs can have trouble passing them mainly because there is no objective way to determine if someone is inhibited by drugs or alcohol, clumsy or even poorly-coordinated. Some illnesses can even affect coordination and balance. There are many scientific studies that question the reliability of these tests, but the bottom line is that they are subject to interpretation.

Continue reading "Williston, Florida DUI Attorney :: Levy County Man Accused of DUI and Stealing Escort’s Purse" »

Most Florida DUI lawyers don’t care for Roadblocks or Checkpoints, as Florida law enforcement is empowered with so many other more specific tactics to focus on DUI arrests. However, the Supreme Court has allowed these types of warrantless stops under certain provisions and the Ocala Star-Banner is reporting another will occur very soon.

The Ocala and Belleview Police Departments will be out on Friday and Saturday at the 3800 block of East State Road 40 at 7:30 p.m. and will last until early Saturday.

Florida law holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case, where cops are either called to the scene of an accident or stop an individual for a traffic infraction; in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community—a right the U.S. Supreme Court has established as a fundamental constitutional right.

Continue reading "Ocala DUI Officers Cast Wide Net :: Ocala DUI Checkpoint Friday and Saturday" »

This new report is pretty unbelievable. The Orlando Sentinel is reporting that a central Florida man has been charged with driving under the influence after Marion County law enforcement said he crashed a stolen riding lawnmower into a school bus.

The Marion County Sheriff's Office reports that two men were riding the lawnmower down a Belleview road last week when a deputy responded to the area. The mower had been reported stolen from an Ocklawaha home earlier that morning. According to the deputy on the scene, the driver’s breath smelled like alcohol and was uncooperative. He was charged with DUI, threat to a public servant, criminal mischief and grand theft.

Did you know that roadside exercises are voluntary or that law enforcement must have probable cause to ask you for a breath sample? The Marion County DUI attorneys at Whittel & Melton, LLC understand the intricacies of DUI investigations and have obtained dismissals and suppression of evidence for many of their clients because law enforcement didn’t follow the proper investigative procedures. If you have been charged with a DUI, contact us at 352-726-0078. Don’t face the judge alone.

According to reports from Ocala.com, the Marion County Sheriff’s Office, in conjunction with the Florida Highway Patrol, set up a DUI checkpoint on South Magnolia Avenue Friday night.

Law enforcement reported that of the 440 cars that passed through the area, four drivers were given traffic infraction citations; there was one arrest for DUI and one arrest for driving while license is suspended or revoked; one arrest for possession of marijuana; and one citation given for having an open alcohol container in the car.

Florida Law Enforcement has a manual that establishes policies and procedures for DUI checkpoints. (FDLE DUI Checkpoint manual can be found here.) For example, an operational plan for the checkpoint must be put in writing 10 days prior to the checkpoint date. And, according to this manual, “a driver's effort to avoid a checkpoint is not sufficient to justify the stopping of a vehicle. Probable cause or reasonable suspicion of criminal activity or other traffic related violations must occur in order to warrant the stopping of a vehicle.” The failure of law enforcement to follow the procedures set out in this manual may call into question the validity of checkpoint and render any arrests arising from the stop illegal.

Continue reading "Checkpoint results in Marion County DUI and DWLS arrests" »

Ocala law enforcement apparently got an eyeful this week when they stopped a naked man speeding on a motorcycle on 1-75. According to reports, after being stopped, the man could not explain where he was coming from or why he was naked. He admitted to drinking that day and eventually submitted to a breathalyzer test that revealed a BAC above the legal limit of .08 and he was arrested for DUI.

Background checks revealed that this was the man’s alleged fifth DUI. In Florida, a 5th DUI arrest can be charged by the State Attorney’s Office as a felony and can subject a defendant to up to five (5) years in Florida State Prison. It is unclear at this time how the Marion County State Attorney’s office will charge this man, but under Florida Statute they have 21 days to make a charging decision.

Continue reading "Naked Motorcyclist Charged with Ocala DUI" »