Articles Posted in DUI

During the Memorial Day holiday, people come to Florida from all over the country to enjoy three days of relaxation and fun.Whatever your plans, there is a risk of being pulled over for a DUI. Drunk driving rates are high during this holiday weekend, and make no mistake, police are on the lookout.

With an estimated 34,800,000 people traveling on May 29th, Memorial Day is one of the most dangerous times to drive all year. That large number of people on the road presents many hazards, including road rage and traffic jams. When you add drunk drivers in the mix it is easy to see why this weekend ranks number one in traffic accidents and fatalities. With the increased amount of drunk driving that occurs on Memorial Day, police have gone to drastic measures to this dangerous activity.

During Memorial Day weekend, police set up DUI checkpoints to make roads safer. These checkpoints use a pattern for stopping drivers. Police might choose to stop every fifth car that drives by. During these stops, officers are on high alert to detain anyone thought to be drunk behind the wheel. Their senses could be so elevated that they might detect things that are not there. They might arrest someone because they believe they smell alcohol on their breath, even if the accused’s blood alcohol content (BAC) is under the legal limit of .08 percent.

If you are in a heavily populated area of Florida, you should be able to use a taxi or rideshare program to completely eliminate the risk of a DUI charge. With Uber or Lyft, you can simply request a car ride with your phone. Keep this in mind, it is far more cost effective to spend $30 for a couple rides than to pay $2,500 for a DUI fine.

Should you find yourself facing a DUI this Memorial Day weekend, do not panic. Our Florida DUI Defense Attorneys at Whittel & Melton can help you fight to get your charges reduced or eliminated. We can help you understand your best defense options, so that you may be able to avoid jail time and other harsh consequences. Obtaining the right legal representation can be the difference between having a criminal record and getting your charges dropped. We will do whatever we can to present your case in the best possible light.

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The Pinellas County Sheriff’s Office conducted a DUI Wolf Pack Cinco de Mayo weekend in an effort to reduce DUI related injuries and deaths.

The Florida Highway Patrol, Gulfport Police Department, Largo Police Department, Pinellas Park Police Department, and the St. Petersburg Police Department also took part in the DUI Wolf Pack operation.

The results are as follows:

40 Total Criminal Charges:

  • 22 DUI
  • 10 Felony Drug Charges
  • 2 Misdemeanor Drug Charges
  • 3 DWLSR Arrest
  • 3 Other Misdemeanor Arrest

121 Total Citations:

  • 4 DWLSR
  • 4 No Insurance
  • 45 Speeding Tickets
  • 1 Seat Belt
  • 1 Child Restraint
  • 1 DL Restriction
  • 3 Open Container
  • 19 Non-Moving Violations
  • 21 Moving Violations
  • 22 DUI Citations

The operation was part of the Sheriff’s Office ongoing commitment to reduce deaths, injuries, and property damage associated with traffic crashes related to drunk and drugged driving. The goal of a Wolf Pack is to educate drivers and create public awareness about the dangers of operating a motor vehicle while under the influence of alcohol and any chemical or controlled substances.

The Pinellas County Sheriff’s Office will be conducting DUI Wolf Packs continuously throughout the year.

When police amp up their enforcement, the need for a good DUI defense attorney increases. Mistakes can easily be made and it is important to have a good, solid defense. In some DUI cases, a skilled attorney can help you get the charges reduced or dropped. Our Tampa Bay DUI Defense Lawyers at Whittel & Melton are more than familiar with the drunk driving laws and your options for the best quality defense. We are also available 24/7 to consult you on your DUI matter.

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Prosecutors have reduced a DUI charge against country star Michael Ray, known for his hit singles such as “Kiss You in the Morning” and “Real Men Love Jesus,” to reckless driving after concluding Eustis police didn’t conduct field-sobriety tests properly.

Eustis police failed to give correct test instructions to Ray. Police also failed to inform him of their criminal investigation or provide corroborating body camera footage.

Ray, who turns 30 on April 29, is charged with one count of reckless driving and one count of felony marijuana possession after the singer admitted THC “hashish” oil found on him during his arrest belonged to him.

Eustis police responded to a call 4 a.m. Dec. 20 at the McDonald’s on Bay Street and discovered Ray driving an orange 2012 Jeep Wrangler that had bumped into a blue Scion in front of it in the fast-food restaurant’s drive-through.

Officers claims he had bloodshot eyes, slurred speech,  and stumbled while walking and smelled of alcohol. But officers failed to tell Ray they were switching from an accident investigation to a criminal investigation, making all of Ray’s comments made at the scene inadmissible in court.

They also failed to give the proper instructions for field-sobriety tests, two of which Ray failed.

No police body cams recorded Ray performing the field tests because the footage cuts off the lower half of his body and does not provide a stable view.

Mistakes can certainly be made during any arrest, and that includes a DUI arrest. When defending a DUI charge, exposing police errors can have the most successful results, as this case shows.

A police officer must have a reasonable suspicion of misconduct in order to pull a car over. Once the driver is stopped, the officer must suspect that the individual is intoxicated before administering a field sobriety test, otherwise any test administered is considered unjustified. A further investigation of the police report could show flaws in how the tests were administered or allude to any discrepancies.

A DUI is a crime and beating the charge requires legal help.  Our Lake County DUI Defense Lawyers at Whittel & Melton are here to assist you with your DUI matter. We can help you take charge of the situation and establish a powerful defense strategy with the hopes of achieving the most successful outcome.

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A 36-year-old Volusia County sheriff’s deputy was charged with DUI Saturday night after an off-duty crash in his personal vehicle in Daytona Beach.The man faces several charges, according to Sheriff’s Office, including DUI, two counts of DUI with property damage and three counts of DUI with injuries.

The crash was reported just after 7 p.m. at Williamson Boulevard and Dunn Avenue.

Three vehicles were involved, and three people were transported to a hospital with non-life-threatening injuries as a result of the crash.

The sheriff’s deputy was not among those injured.

The Daytona Beach Police Department investigated the crash.

The sheriff’s deputy was placed on administrative leave with pay effective immediately.

A DUI arrest must be taken seriously, especially when injuries have occurred from a crash. Florida is one of the most aggressive states in the nation in promoting laws aimed at combating the devastating impact of drunk driving. Prosecutors seek harsh penalties for DUI offenders. If you or someone you know is arrested for DUI resulting in serious bodily injury, you need a Florida DUI Defense Lawyer on your side to help mitigate the consequences of your arrest.

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New Year’s Eve is a time to celebrate the start of a new year! While we want you to start your New Year off with a bang, we don’t want 2018 to start behind bars.

Alcohol-consumption at celebrations is a major contributing factor in increased drinking and driving and vehicle collisions during the holidays. Our Florida DUI Defense Lawyers at Whittel & Melton have compiled a list of simple ways to avoid a DUI arrest this NYE.

  1. Don’t drink and drive! Buzzed driving is still considered drunk driving and you don’t have to be at Florida’s legal Blood Alcohol Content limit of .08 to get arrested. Slight impairment can be reached with just one or two drinks, especially when you factor in your size and weight and how much alcohol you’re consuming in each drink. If you’re  under the influence of alcohol and get behind the wheel, you could be charged with a DUI. Police officers prove impairment through observations like the odor of alcohol, bloodshot or watery eyes, slurred speech, swaying or field sobriety tests. This means that a prosecutor does not need breath or blood results to bring DUI charges against you.
  2. Designate a sober driver. Choose a reliable person who either doesn’t drink or is responsible enough not to take even one sip of alcohol to be a designated driver. If you don’t have one, call a cab, use Lyft or Uber or any other means of safe transportation to get home in one piece.
  3. Stay the night at your friend’s party. Before you start drinking, ask if it’s okay to stay the night. Most hosts would rather have a house full of overnight party guests than have a bunch of drunk people on the road. We think waking up on your friend’s couch is much better than waking up in the drunk tank with DUI charges pending. Another Option is to book a room at a nearby hotel.

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If you are like millions of other Americans, you will likely be traveling somewhere over the Thanksgiving holiday. According to the annual AAA Travel Forecast, nearly 51 million people across the country will be traveling 50 miles or further. More congestion on the roadways is pretty much inevitable.

The holiday season is notorious for higher incidents of drunk driving. In fact, an average of 728 people will be injured or killed in a drunk driving accident daily from Thanksgiving to New Year’s Day  according to the Center for Disease Control.

The Wednesday before Thanksgiving is known as “Blackout Wednesday.” Thanksgiving Eve is quite popular for binge drinking due to the fact that most people do not have to work on Thursday. On that some note, college students will be heading home for a break with friends.

Everyone can benefit from following these safety tips, regardless of how far you will be traveling over the holidays:

  • Visibility is reduced at night, so try to travel during daylight hours.
  • Stay on top of traffic updates and anticipate heavy traffic areas. Be prepared for delays and use a GPS to find alternative routes if necessary.
  • Make frequent stops and rotate drivers to avoid fatigue.
  • Never drive if you are intoxicated. Designate a driver or make alternative plans.

Tampa Bay law enforcement will be out in full swing over the Thanksgiving holiday. Patrols will be increased and sobriety checkpoints will be set up in certain areas.

The simple solution to avoiding a DUI is to avoid driving when intoxicated. However, you can be stopped for other reasons. Even if you are under the legal limit, having had a drink could mean that you are subject to closer scrutiny. Additionally, driving under the influence of drugs or prescription medications can impair your driving. Be mindful of more than just alcohol this holiday season.

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18-year-old actor Ethan Cutkosky, who plays Carl Gallagher on the Showtime series “Shameless,” was arrested and booked for DUI Thursday in Los Angeles.

According to reports, Cutkosky was driving his orange BMW at around 10:30 PM and began to straddle the traffic lanes, which prompted cops to pull him over.

He allegedly performed poorly on field sobriety tests and was arrested on the spot.

It’s unclear if the DUI was drug or alcohol related.

The state of Florida takes a pretty hard stance on DUI arrests involving a person under the age of 21. In fact, the state has a “zero tolerance policy,” meaning a young person charged with DUI can face severe sanctions including jail time or incarceration, probation, fines, court costs, community service hours, and a driver’s license suspension.

For those under the age of 21 charged with DUI, Florida has enacted a zero tolerance legal limit of .02. This legal limit means that even one drink can put a driver over the legal limit.

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A Clearwater official was arrested last weekend after being accused of being drunk while driving a golf cart.

According to police, the man, who is the city’s community redevelopment agency director, drove the golf cart into outdoor tables at the Clear Sky Restaurant on Cleveland Street.

Authorities said the 38-year-old then grabbed a person by the neck who was filming the incident. The man then allegedly left the scene.

He was stopped a short distance later and eventually taken to the Pinellas County Jail but not booked.

Instead, he was entered into an Adult Pre-Arrest Diversion Program early Sunday, which allows adults arrested for low-level crimes to avoid jail by completing community service, counseling or drug treatment.

That would allow him to complete community service instead of jail.

However, the man has been placed on administrative leave. He has worked for the city since 2016.

A golf cart is considered a vehicle under Florida law, so driving one while drunk could result in DUI charges. In Florida, we are lucky to enjoy mild weather throughout the year, which enables many Floridians to take advantage of golfing in the winter months.  A round of golf with friends can include a few alcoholic beverages along the way, which could lead to legal consequences.

While most golf courses are on private property, driving a golf cart while under the influence of drugs or alcohol can result in DUI charges. Because a golf cart is considered a vehicle under Florida law, this means that you can actually be arrested after a day on the golf course for operating the golf cart while under the influence. Even if you weren’t on the golf course, many Floridians tool around in golf carts as an alternate mode of transportation, and you can still be arrested for DUI on a golf cart if you were outside a golf course.

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Halloween is today, so our Tampa Bay DUI Defense Lawyers at Whittel & Melton wanted to make sure we warn all residents to refrain from drinking and driving. A DUI arrest is no treat.

Police will be on the lookout for adults partying during the Halloween festivities. You may even notice an increase in police patrols and sobriety checkpoints in an effort to catch people driving under the influence of drugs or alcohol.

Increased patrols and DUI checkpoints can yield huge results for police like DUI arrests, traffic citations and impounding vehicles. Whether you are stopped while driving or at a DUI checkpoint, it is very important for you to be aware of your legal options and rights. A DUI conviction may result in a loss of driving privileges, jail and fines.

When you are facing a DUI arrest on Halloween or at any time, it is vital that you act immediately and contact a Tampa Bay DUI Defense Lawyer at Whittel & Melton. During your free consultation with us, we will review all your legal options and make you aware of what needs to be done first. For instance, you have 10 days from the day of your arrest to contact the Florida Department of Motor Vehicles, or DMV. A hearing must be scheduled to retain your driving privileges until the matter is decided by the hearing officer, otherwise, your license will be suspended.

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Golfer Tiger Woods will plead guilty to reckless driving in South Florida for an incident back in May, and enter into a DUI diversion program.

Woods will enter the plea Friday for a May 29 arrest where officers found him unconscious in a parked car.

Woods has also agreed to enter into a diversion program for intoxicated drivers. He’ll spend a year on probation, pay a $250 fine and attend DUI school.

A toxicology report showed the 41-year-old Woods had the active ingredient for marijuana, two painkillers, a sleep drug and an anti-anxiety drug in his system when he was arrested. There was no alcohol, however.

Being ready for trial is always the best way to defend a DUI case, however, sometimes after pretrial negotiations, an alternative to a DUI plea can be reached. The most common plea that enables a DUI to be dropped is a reckless driving plea. There is a huge difference between a reckless driving charge and a DUI in Florida. DUI is an alcohol crime that stays on both your driving and your criminal records forever. Reckless driving is a non-alcohol specific traffic offense. If you are able to get your DUI charge dropped to a reckless driving charge, your record will show the DUI charges were dismissed and that you instead pled to the reckless driving traffic charge.

The biggest benefit to a reckless driving charge is that it carries no mandatory driver’s license suspension. Even a first time DUI charge can suspend your driver’s license for up to a year. This saves you the trouble of having to apply for a hardship license for some period of time and then paying the fees and taking the time to reinstate your driver’s license.

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