Articles Posted in Florida

A breathalyzer that is able to determine if a driver smoked pot could be ready for use in select cities starting in the fall, according to a company developing the first-of-its-kind product.

With recreational weed now legal in nine states and the District of Columbia, California-based Hound Labs Inc. has created a marijuana-breathalyzer it says will make roads safer and hold drivers accountable. The company claims the device is hypersensitive, allowing it to pick up any THC — the psychoactive ingredient in marijuana — potentially present on drivers’ breath.

Currently, officers who suspect a driver is impaired can only test the hunch with field sobriety tests. Blood, breath or urine samples could be taken to determine if a driver is high, but such tests can be inaccurate. Those tests also detect if the driver was high that day or week, rather than if they were high while operating the vehicle in that instance.

Tools such as Hound Labs’ alcohol-and-marijuana breathalyzer or Canadian company Cannabix Technologies Inc.’s THC breathalyzer aim to present an objective determination of recent marijuana use.

Drivers with a blood alcohol concentration above .08 percent are considered under the influence of alcohol or driving while impaired. Driving under the influence of marijuana is a subject that seems up for debate when it comes to determining impairment.

For Hound Labs’ breathalyzers, that qualification is marked by timing. Though the company’s breathalyzers can determine how much marijuana is in someone’s breath, the actual level of THC is not as relevant as recency of use for determining whether an individual is high, according to their research.

THC only stays in breath during the “peak window of impairment,” about one to two hours after smoking marijuana, according to Hound Labs. The level of THC found in breath samples drops to zero at three hours after smoking, the company’s research found.

When an individual blows into the breathalyzer, it can determine within a couple minutes whether there is alcohol, THC or both in the person’s system. Since THC is only present in someone’s breath during that peak two-hour window, the driver is considered impaired when it’s detected.

The breathalyzer would then display “Warning” if THC is detected and “Pass” if it is not.

It is illegal to drive under the influence of alcohol, drugs or any combination of these. A DUI marijuana charge is just as serious as a DUI charge involving alcohol, even if they are charged as misdemeanor offenses. With this type of conviction on your record, your ability to obtain employment may be limited, obtaining insurance will be difficult and your premiums will absolutely go up. If you are ever convicted of another DUI, the penalties attached to a conviction will likely be enhanced.

Continue reading

The Real Housewives of New York City star Luann de Lesseps received a plea deal after drunkenly assaulting a Florida police officer and repeatedly threatening to kill him on December 23, 2017.

In exchange for prosecutors dropping the felony charge of resisting an officer with violence, the former Countess was required to follow the guidelines of her probation, which included not drinking and attending Alcoholics Anonymous meetings.

For the second time this year, her New York probation officer has filed documents stating Luann is not taking her probation seriously, and recently failed a test for alcohol consumption.

In a Compact Action Request form sent to authorities in Florida from the state of New York, it reveals that Luann tested positive for alcohol on April 22. Luann admitted that “she had 2 glasses of mimosas after a performance [of her burlesque show] in Chicago.”

After she failed her test, the 53-year-old reality star was “offered the opportunity to immediately enroll in outpatient treatment,” but Luann insisted that her current touring schedule would interfere with her treatment participation.

Luann was also “given the option to be fitted with alcohol ankle monitoring device,” but she said the device would be too “intrusive” while performing.

The conflicts between Luann’s work and travel requirements and her probation stipulations are what motivated the state of New York to inquire what Florida would like them to do about the situation.

The Florida Department of Corrections responded by summarizing the situation before presenting the following conclusion:

This is the second notification of other state violation that has been submitted. The subject has failed to provide sufficient documentation of completed AA meetings which she was ordered to complete 2 AA meetings per week. At the time of this writing [April 24], only 5 have been received. It appears to affiant that the subject is not serious about her sobriety or the orders of this Court. As stated on previous notification, the subject has used her unlimited travel as a reason to be noncompliant with her conditions of supervision.

The judge has decided that further action is required. His recent instructions were to “provide Affidavit and violation report, schedule VOP (Notice to Appear) hearing, and instruct offender to return to Florida for hearing.”

Qualifying for probation means the system is giving you a second chance. Breaking the conditions of your probation is a serious matter that could result in grave consequences. Any hearings you attend will not be the same as a criminal trial, because in the eyes of the law you have already admitted guilt, so you will be treated as such. This is why you need the help of a Florida DUI Probation Violation Attorney at Whittel & Melton. We will do everything in our power to keep you out of jail.

Probation is an alternative sentence structure to incarceration after you have been found guilty of a crime. To successfully complete the program you must adhere to the guidelines put in place by the sentencing court or the parole board. If you violate any conditions of your probation, you could be looking at jail time.

Continue reading

Actor Tim Williams, who is best known for being the face of German discount travel website Trivago, has been arrested for allegedly driving drunk in Houston, Texas.

On Wednesday around 3:15 p.m., Williams, 52, was allegedly found passed out at the wheel of a car, according to reports.

Police say Williams’ foot was on the brake and he was in a moving lane of traffic.

After being stopped, police gave Williams a sobriety test, which he allegedly failed.

Williams has since been charged with driving while intoxicated. According to court documents, a mental health evaluation has been requested for Williams.

The actor was later released on a $100 bond and is scheduled to appear in court on April 17.

A DUI arrest can have serious consequences on your driving privileges and on your criminal record. If convicted, you could face severe penalties and hefty fines worth thousands of dollars, not to mention jail time, depending on the circumstances surrounding your DUI arrest.

Florida DUI laws change constantly. Therefore, if you or someone you know has been charged with DUI, it is absolutely vital that you seek aggressive DUI defense. Our Florida DUI Defense Attorneys at Whittel & Melton have the knowledge and skill to help you fight a DUI conviction.

Continue reading