May, 2012

Florida DUI Defense Lawyers Whittel & Melton :: Lost Star Matthew Fox Arrested for DUI

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Matthew Fox was apparently arrested on suspicion of driving under the influence in Oregon on Friday.

The Lost star was cited at 3:23 a.m. and had a passenger in the vehicle with him, according to TMZ.

Fox was apparently pulled over for failing to maintain a lane and failure to signal. He was arrested on the scene after the officer allegedly determined he was intoxicated.

TMZ claims Fox was on his way to a fast food restaurant at the time of his arrest.

He was taken into custody and released later that day.

Fox is apparently due back in court in June.

All DUI arrests begin with a suspicion, or a reason to stop your vehicle. A police officer must have a reason to pull you over, and common causes may include the following:

• Broken Vehicle Lights

• Suspicious Behavior such as Weaving, Swerving, Failure to Maintain a Single Lane, etc.

• Unreadable License Plate or Tag

• Reckless Driving such as Failure to stop at Stop Signs, Speeding, etc.

It is important to understand that police stop drivers all the time, even those who are within the legal limit to drive. Regardless of guilt, this can place you in a stressful situation and may result in an arrest that will cost you money, time and frustration. In order to decrease your risk for being stopped by law enforcement in the first place, it is best to make sure that you are able to operate your vehicle safely. Always make sure you signal properly, your lights are on and avoid speeding or executing quick turns. In addition, limit the number of distractions in your vehicle. If you are stopped for a suspected DUI, try and remain calm and have appropriate documents ready for the police officer.

Under Florida Statutes, courts are generally required to impose a driver’s license suspension, a large fine, at least six months of probation as well as DUI school as part of the sentence for a first DUI. It is for these reasons that it is crucial to take a DUI arrest seriously and hire an experienced DUI attorney to protect you.

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Posted In: DUI , Florida , Reckless Driving

October, 2011

Central Florida - Volusia DUI Lawyers Whittel & Melton :: City Official Pleads Down DUI Charge

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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.

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Posted In: DUI , Florida , Reckless Driving

Jason M. Melton

Criminal Defense Attorney

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