March, 2011

Palm Harbor, Florida DUI Attorneys :: Tampa Bay- Area Man Charged with DUI Following Collision with Deputy

A Palm Harbor, Florida man was charged with DUI after he apparently rear-ended a police cruiser Thursday afternoon.

The Associated Press is reporting that the 40-year-old man did not suffer any injuries, but the deputy sustained minor injuries.

The Pinellas County Sherriff’s Office reports that the man failed a field sobriety test by all accounts and had Oxycodone in his possession.

The Palm Harbor man was arrested and charged with DUI, DUI with personal injury, DUI with property damage and felony possession of a controlled substance. He has been released on $3,500 bail.

According to Florida law, any person driving under the influence of alcohol or drugs that causes property damage or personal injury to another is guilty of a first degree misdemeanor. Mandatory minimum sentencing can apply if this man has any prior DUI convictions. If this is a first time occurrence, the maximum sentence is one year in jail and a $1,000 fine. A first time DUI carries consequences of six months in jail and a $500 fine.

Any DUI case with property damage or personal injury is viewed very seriously in the eyes of Florida law. Published government agency statistics show that DUI accidents make up almost forty percent of fatal vehicle collisions and just about ten percent of these car crashes involve alcohol.

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March, 2011

St. Petersburg, Florida DUI Attorney News :: Largo Man Charged with Third DUI

March, 2011

A Largo man was arrested and charged with driving under the influence after colliding into a police cruiser early Wednesday morning.

According to arrest reports, the 37-year-old man crashed into the police cruiser around 1 a.m.

The officer behind the wheel of the cruiser was taken to Largo Medical Center for evaluation. He supposedly did not suffer any severe injuries.

The man arrested allegedly had red eyes and breath that smelled of alcohol, according to police. He refused to submit to field sobriety tests or a breath sample.

Police said that a white powder found in his pocket tested positive for cocaine. He was also charged with possession of a controlled substance.

Arrest reports indicated that the man was arrested on Jan. 22 for a DUI charge where he also refused to submit to testing. As a result, his license was suspended and he is now charged with driving with a suspended license.

Court records show that the man was convicted of DUI in February 2006 where he received one year of probation.

The man was released on $6,750 bail from the Pinellas County Jail on Wednesday afternoon, according to the St. Petersburg Times.

The difference between a misdemeanor and felony DUI is based on numerous factors. First, if the DUI is a driver's third DUI within 10 years or their fourth or successive DUI, the State can file a Felony DUI charge. Second, a Felony DUI can be charged if the injuries caused by the DUI resulted in a severe bodily injury or death, which is also known as DUI Manslaughter.

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December, 2009

Pinellas County State Attorney's Office investigator arrested for DUI, drug trafficking

A 44-year-old investigator and researcher for the Pasco-Pinellas State Attorney's Office has been arrested for allegedly driving under the influence, possession of a controlled substance and trafficking hydrocodone.

Tampa Bay Online is reporting that an Amscot Financial employee noticed a woman slumped over the wheel of her car early Sunday morning and then called for help.

Florida Highway Patrol reports say that the two law enforcement officers who were first on scene noted that her balance was unsteady and she had "extremely slurred speech." A trooper asked the woman to do field sobriety checks—and she performed poorly, often swaying and nearly falling asleep while standing, the report states. She reportedly told the trooper she's had numerous back surgeries and takes a lot of prescription medicine for the pain. She refused to give law enforcement a urine sample, but admitted to having prescription drugs in her system. There were also bottles of prescriptions found in her car.

Even though prosecutors don’t have a breath sample to gage whether this woman was under the influence of alcohol or a urine sample to ascertain the level of drugs in her system, they can rely on her admission as well as the pills found in her car to support their case for DUI. As for the drug trafficking charge, the threshold is very low for the amount of prescriptions that arise to trafficking the substance. I have noticed a trend as of late where prosecutors have been aggressively pursuing drug trafficking charges when it’s clear that the drug confiscated are for personal use. I’m interested to see if this trend continues in the new year.

The Pasco County DUI attorneys at Whittel & Melton, LLC have handed DUI cases involving drugs, alcohol and car accidents. If you or someone you know has been charged with DUI, please contact our offices at (727) 847-2299 or online to set up a consultation.