DUI with Property Damage

May 7, 2019

68-Year-Old Charged with 3rd DUI After Crashing into Police Car on Lawn Mower

A 68-year-old Haines City man was charged with his third DUI over the weekend after allegedly crashing a lawn mower into a Haines City Police Department vehicle.

The police department said that an officer was tending to a matter on Saturday when a man on a lawn mower crashed into the back of his patrol vehicle.

According to the report, the officer heard a loud noise and walked outside to find the accused on a lawn mower with an attached trailer and noticed minor damage to the rear of the police vehicle.

The man apparently admitted to hitting the police vehicle and said he was drunk. Police said his demeanor ranged from laughing to aggressive.

After failing to complete the field sobriety tests, according to police, the man was taken to the Haines City Police Department where they said he claimed that he had been poisoned by police and asked to be taken to a hospital.

The man was then transported to Heart of Florida Regional Medical Center in Davenport, where he provided a breath sample. Police said his blood-alcohol concentration was .241, which is more than three times the legal limit.

There was also cocaine is his system, according to the report, which he accused police of putting into his system.

Police said the man’s driver’s license has been suspended since March 1978 and that he has two previous DUI convictions, with the last one coming in 1987 in Osceola County.

Under Florida’s DUI laws, even a lawn mower is classified as a “motor vehicle.” You can essentially receive a DUI for being intoxicated while operating anything that moves. While it may be surprising, you can receive a DUI for boating under the influence, biking under the influence, operating a forklift or lawnmower under the influence, and even riding a horse under the influence.

May 8, 2018

Pinellas County DUI Wolfpack Results in 40 Criminal Charges

by Whittel & Melton, LLC

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.

April 19, 2018

Prosecutors Reduce Country Star Michael Ray’s DUI Charge to Reckless Driving Due to Police Errors

by Whittel & Melton, LLC

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.

December 27, 2017

Volusia County Deputy Charged with DUI After Off-Duty Collision

by Whittel & Melton, LLC

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.

December 21, 2017

Steer Clear of a DUI this New Year’s Eve

by Whittel & Melton, LLC

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.

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.
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.
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.

November 6, 2017

Clearwater Official Accused of Being Drunk on Golf Cart, Causing Crash

by Whittel & Melton, LLC

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.

October 17, 2017

Man Charged with DUI in UHaul Crash in St. Pete Beach

by Whittel & Melton, LLC

A 32-year-old man was arrested on multiple charges early Friday after police said he crashed a U-Haul moving truck into a St. Pete Beach hotel.

According to the Pinellas County Sheriff’s Office, the man drove the UHaul truck into the Hotel Zamora located at 3701 Gulf Boulevard just after midnight.

Officials said the man then drove off from the area. He was arrested about two hours later.

When deputies arrived there was substantial structural damage to a hotel parking garage drop ceiling. Witnesses provided deputies with a description of the moving truck.

Shortly afterward, deputies stopped a 10 foot U-Haul truck with roof damage, driving north on Gulf Winds Drive at 64th Avenue in St. Pete Beach.

Officials said the man told them he attended a party at Hotel Zamora. After the party, the man was driving his passenger to her car in the parking garage when he struck the parking garage drop ceiling with the roof of the U-Haul truck.

The man apparently said he fled the scene and hid the truck in the area until deputies left the area. He said he was in the process of moving to Miami.

He is facing charges of leaving the scene of crash with property damage, one count of DUI, and one count of possession of a controlled substance (cocaine).

Operating a vehicle while under the influence of drugs and/or alcohol can lead to life-changing penalties. These charges are further complicated when a crash occurs resulting in property damage. A Tampa Bay DUI Defense Lawyer at Whittel & Melton can make sure you understand your legal options and what to expect from the criminal justice system. We can walk you through every stage of the process, working with you to aggressively pursue your desired outcome.

August 21, 2017

Tiger Woods had THC, Pain Medication in His System During Memorial Day Arrest

by Whittel & Melton, LLC

New toxicology reports released show Tiger Woods had pain, anxiety and sleep medications in his system as well as THC when he was arrested on Memorial Day in Palm Beach County, according to the Palm Beach County Sheriff’s Office.

Woods told law enforcement at the time of his arrest that he was taking the painkiller Vicodin after a recent back surgery and also had a prescription for Xanax.

He was found asleep on the side of a road in his 2015 Mercedes-Benz with damage to the front and rear driver’s side tires.

Last week Woods entered a DUI first-offender program.

His arraignment is set for Oct. 25.

Driving under the influence of marijuana is an issue that is raising concerns throughout the country, including Florida. Detecting marijuana in the system is much different than the procedures for alcohol testing. You can read more about that here. Detecting marijuana involves blood or urine testing to discover if THC, the ingredient that purportedly contains psychoactive qualities, in the body.

Proving marijuana intoxication can be somewhat of a challenge for prosecutors as law enforcement is divided on how to efficiently detect a person who is impaired by marijuana. Where a field sobriety test may determine alcohol impairment, it could be inefficient in determining marijuana intoxication. A person who is impaired by alcohol may show signs through slurred speech, slower reaction time, or uncoordinated movements.Someone who is under the influence of marijuana may not have any tell-tale signs. For these reasons, the laws that apply to alcohol intoxication may not be appropriate for marijuana intoxication.

August 14, 2017

Tampa Woman Accused of DUI After Crash Killed Child, 2 Adults

by Whittel & Melton, LLC

A fiery crash on the Selmon Expressway killed a child and two adults, and led to the arrest of a 29-year-old Brandon woman for DUI.

The woman is accused of leaving the scene of the crash and she faces a litany of charges after she apparently lost control of her car near the Bay to Bay and Euclid exit and “touched off a chain reaction of crashes,” leading to the deaths of two adults and one child, according to police.

Witnesses allege they saw the woman driving at a “high rate of speed,” eastbound on the expressway. Reports indicate they said she tried to pass at least two vehicles going in the same direction, lost control of her vehicle and slammed into the back of a Hyundai occupied by the three victims. The Hyundai then spun out of control through the grass median and into the westbound lanes where it was struck by a Jeep and an Infinity SUV. The vehicle came to a final rest in the westbound lanes and burst into flames, according to police.

The woman is accused of leaving the scene. Law enforcement caught up with her shortly after the crash when her car broke down near Willow Avenue and Platt Street.

According to reports, her speech was slurred, and police said she admitted to using anxiety medications Lexapro and Ativan before getting behind the wheel, and she allegedly failed a field sobriety test after demonstrating clues of impairment.

She was taken into custody and transported to Tampa General Hospital where her blood was taken for alcohol testing. According to police, once they administered the blood tests, the woman tried to remove her vials of blood and hide them in her underwear, which lead them to charging her with tampering with physical evidence.

The woman has been charged with three counts of DUI manslaughter, DUI with serious bodily injury, leaving the scene of a crash with death, leaving the scene of a crash with serious bodily injury and tampering with physical evidence.

Leaving the scene of an accident is a crime. When added to driving under the influence, charges and penalties will become escalated. While a simple DUI may only be a misdemeanor, the offense can become more serious when there are additional factors, like fleeing the scene of the accident.

July 27, 2017

Lakeland Man Arrested on DUI Hit And Run Charges

by Whittel & Melton, LLC

A Lakeland man was arrested Saturday night on DUI charges after a hit and run and driving the wrong-way.

Troopers believe the 36-year-old was driving recklessly westbound on I-4 around 10 p.m. Saturday.

When troopers attempted to conduct a traffic stop on the Dodge Journey, they said the man drove through the median and cable barrier into the eastbound lanes of I-4, still traveling westbound.

Troopers claim the man then stopped his vehicle westbound on the inside shoulder of eastbound I-4, and when they approached him, they said he drove off to the outside shoulder and stopped.

Troopers then arrested and charged the man with DUI, DUI property damage, leaving the scene of a crash, and driving on the wrong side of a divided highway.

He was transported to the Polk County jail.

Leaving the scene of an accident (hit-and-run) is a crime. When coupled with DUI, charges and penalties can be more severe. While a Florida DUI may only be a misdemeanor on its own, the offense can be enhanced when there are aggravating factors, such as leaving the scene of the accident. Anytime a driver is involved in an accident, they are required to stop.

Just because you have been charged with DUI does not mean you are guilty. Our Florida DUI Defense Lawyers at Whittel & Melton know the many faults and flaws that can occur during a traffic stop or during a DUI investigation. Law enforcement officers do not always use the proper procedures when stopping vehicles.