Golf Cart DUI

November 6, 2017

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

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.

November 25, 2015

Stay Safe & Prevent a DUI this Thanksgiving Holiday

by Whittel & Melton, LLC

Around 40 million drivers will be travelling on the roadways over the long Thanksgiving weekend to spend time with family and friends. In fact, Thanksgiving weekend is the most travelled holiday period of the year. It is estimated that 418 people will lose their lives in motor vehicle collisions in the United States this Thanksgiving weekend, according to the National Safety Council.

For college students, Thanksgiving Eve is sometimes referred to as “Black Wednesday,” and it is unofficially known as the busiest bar night of the year, which means it is also the biggest drunk driving night of the year.

As many people celebrate the Thanksgiving holiday, their celebration also includes the use of not just alcohol, but also drugs. Alcohol or drugs, or a combination of them, will put drivers at risk of being involved in a motor vehicle accidents that could kill or injure themselves as well as others.

It is important to mention that Florida has a Zero Tolerance policy for drivers under the age of 21. Any driver who is under 21 who is stopped by law enforcement officers and has a blood alcohol level of .02 or higher will automatically have his or her Florida driver’s license suspended for six months. There are many other devastating consequences that accompany a DUI conviction, including academic penalties as well as criminal consequences.

Avoid a DUI this Thanksgiving

There are a few tips that can be followed to prevent DUI injuries and deaths, including:

Plan a safe way to get home before heading out to your party
Before drinking, designate a sober driver

If you are intoxicated, please do not get behind the wheel of a car. Call a taxi, use public transportation, call a sober friend or family member, or even use a ride share app such as Uber or Lyft so that you are sure to get home safely.
Remember, Friends Don’t Let Friends Drive Drunk. Take the keys and help them make other arrangements to get where they are going safely.

December 30, 2014

New Year’s Eve DUI Defense Lawyer

by Whittel & Melton, LLC

With Christmas behind us and the New Year’s holiday looming ahead, many Florida drivers are distracted by all the holiday parties and family gatherings and are not as persevering about designating a sober driver or staying sober for the ride home.

Florida law enforcement officials are not distracted during this holiday season. In fact, they are patrolling for drunk drivers throughout the month of December and New Year’s Eve and setting up DUI checkpoints.

What should I do If I have been drinking and I am pulled over by the police?

The most important thing to remember is to be polite with the police officer that pulls you over. Being confrontational or acting rude will only put you in jail quicker.
Know your rights. You do have the right to refuse all field sobriety tests. These tests only help the arresting officer build a stronger case against you. Understand that police intend to use the results of any test against you in court.
You also have the right to refuse a breathalyzer, blood or urine test. Remember though, if you do refuse these test, you face a one-year suspension of your driver’s license.
Law enforcement is recording you. Be sure to watch how you act and what you say.
An officer will likely ask you various questions about what you were doing in the hours leading up to your vehicle being stopped. You do not have to answer an officer’s questions about whether you had anything to drink that night, where you were coming from, or any other questions. The most appropriate response to these questions is to politely request to speak to your attorney before answering questions.

If pulled over for DUI, what type of field sobriety tests will the police administer?

There are various field sobriety tests conducted by police, including the following:

The Eye Test also known as the HGN Test
The One Leg Stand
Alphabet Recitation
Walk & Turn
Nose Touch

Questions you can expect to be asked by police:

Where are you coming from?
Have you been drinking?
Who have you been with?
Where are you going?

It is important to be respectful to the arresting officer, but you do NOT have to discuss any personal information. You do not have to tell the officer where you are coming from, where you are going or who you have been with.

December 10, 2014

December is National Drunk and Drugged Driving Prevention Month

by Whittel & Melton, LLC

President Obama designated the month of December as National Impaired Driving Prevention Month in 2010 in an attempt to shed light on the serious problem of drunk and drugged driving in the U.S. With the holiday season and the end of the year approaching, holiday parties and celebrations will go hand in hand, making it a great time to highlight the dangers of impaired driving and the consequences that come along with an arrest.

According to Mothers Against Drunk Driving, someone is killed every 52 minutes in a drunk driving-related crash every year and someone is injured every 90 seconds. An interesting fact to note about drunk driving problems is that one-third of arrests, injuries and fatalities come from repeat offenders. This translates to mean that each time a driver is behind the wheel, he or she is possibly sharing the road with 2 million people who have three or more drunk driving offenses.

Preventing a serious drunk driving accident or a DUI arrest all begins with you, so if you know that you will be attending a party or event where you will consume alcohol, make sure to designate a driver before you head out, or even program the numbers of local cab companies in your phone to ensure you have a safe ride home.

If you are going to host a party, make sure to include non-alcoholic beverage options for guests. Another good tip? Try not to serve alcohol the last hour of the gathering. Also, be ready to help your guests stay off the road if they have been drinking by allowing them to stay at your home, or by having sober rides home lines up.

August 29, 2014

Drivers Beware: DUI Checkpoint Scheduled in The Keys Labor Day Weekend

by Whittel & Melton, LLC

Planning a trip to Key West for the holiday? There will be a DUI checkpoint on Stock Island, according to reports.

As most Florida drivers know, there can be huge traffic delays in the Florida Keys if there is a crash on U.S. 1, which is the main thoroughfare through the island chain. However, this Labor Day weekend, expect delays because the DUI checkpoint will be on Stock Island, which you have to travel through to get to Key West.

According to the Monroe County Sheriff’s Office, deputies will stage it for northbound drivers on U.S. 1 at Cross Street, from 8 p.m. Saturday through 2 a.m. Sunday.

Per usual sobriety checkpoints, vehicles will be checked for safety violations, and drivers will be observed for signs of impairment.

Authorities claim they are expecting lots of visitors to the Keys for the long weekend, so deputies will be heavily enforcing laws against speeding, passing in the no passing zones and drunk driving.

While the police are allowed to establish DUI roadblocks, they still are required to follow certain constitutional guidelines. With that said, police cannot just create a checkpoint at anytime and anywhere on impulse. They must sufficiently justify their reasons for the roadblock in that vicinity, clear guidelines must be established for the conduct of the roadblock and prior notice must be given to the public. If proper procedures are not followed, any evidence gathered during the investigation may be deemed inadmissible in court.

In many instances, police do not follow required procedures for DUI roadblocks. However, irregularities on their part can actually benefit your case. A Florida DUI Lawyer at Whittel & Melton will scrutinize every facet of your DUI arrest and find anything that could possible help defend you.

August 14, 2014

‘Drive Sober or Get Pulled Over’ Campaign Starts August 15

by Whittel & Melton, LLC

Labor Day weekend is just around the corner. For many people, that means an extra day off work, backyard and beach barbecues, visiting with friends and family and the unofficial end of summer. However, with the good comes the bad and unfortunately, Labor Day means a sharp increase in drunk-driving-related fatalities.

Beginning August 15 and continuing through September 1, local law enforcement and the Florida HIghway Patrol will be aggressively targeting drunk and drugged drivers as part of a nationwide effort to put an end to impaired driving and save lives.

Police will be patrolling streets and highways looking for impaired drivers throughout the the state. Residents should expect to see an increase in police as well as DUI checkpoints.

May 23, 2014

Florida DUI Lawyer :: What to Do If You Get Pulled Over for DUI this Memorial Day

by Whittel & Melton, LLC

From cookouts and family get-togethers to concerts and parades, Memorial Day weekend is a time for remembrance and celebration. Like any holiday, law enforcement will be out in full force this weekend looking for intoxicated drivers, so partygoers should exercise extra caution to avoid criminal charges.

Given the extent of potential consequences, it is in everyone’s best interest to try and avoid a DUI charge during the 2014 Memorial Day weekend. The following tips can help you prevent an unnecessary DUI charge:

Use Alternate Transportation. Alternate modes of transportation, such as taxis, buses or even car services like Lyft and Uber can prevent you from driving under the influence and help you have an enjoyable holiday weekend.
Try to Stay Within Walking Distance of Your Destination. Travel risks are increased during holiday seasons whether you have been drinking or not. When venturing away from the home, try and stay within walking distance so that you are not tempted to get behind the wheel after consuming a few alcoholic beverages.
Never Drive Under the Influence of Alcohol or Drugs. Many people fail to realize that DUI laws do not just apply to those who have been drinking alcohol. Any substance that can lead to intoxication, including marijuana and prescription pills, can result in a DUI charge if you decide to drive.

The above safety tips can help you and those closest to you stay safe this holiday weekend. However, if you are stopped for a DUI it is important to know how to react. It can be frightening to be stopped by law enforcement, but being prepared can help you get through this experience unscathed. Understand that during busy holidays, like Memorial Day, police usually set up checkpoints throughout the state and will be stopping drivers. If you get stopped this weekend, remember the following tips:

Stay Calm. Anytime you are pulled over you should remain calm. While you may be anxious or scared, staying cool and collected is the best way to handle the situation.

Know Your Rights. Reviewing and understanding your rights is crucial in order to protect yourself. If you know nothing else, remember that you have the right to speak with an attorney before answering any questions.

Contact a Florida DUI Defense Lawyer. A Florida DUI Defense Lawyer at Whittel & Melton can assist with your defense following an arrest for DUI. We can also make sure your rights remain protected throughout the entire legal process.

Retaining an attorney is just the first step towards resolving your DUI case. At Whittel & Melton, we can review all the evidence against you and scrutinize every detail of your case in order to map out the best course of action. Every DUI charge involves different factors with time-sensitive requirements that must be met, so do not delay.

July 20, 2012

Classic Rock Drummer for Nugent Charged with Golf Cart DUI :: Whittel & Melton

by Whittel & Melton, LLC

Mick Brown, drummer for classic rocker Ted Nugent, was arrested earlier this month in Bangor, Maine for allegedly driving drunk in a golf cart stolen from a concert venue.

Officer’s working the concert were apparently alerted that the 55-year-old was allegedly intoxicated and driving the stolen cart around recklessly on a foot path.

According to police, when officers attempted to stop Brown, he sped past them and shoved a security officer.

Two security officers removed the man from the cart and placed him under arrest.

Brown, a resident of Arizona, was charged with driving under the influence of alcohol, driving to endanger, theft and assault. He was released from jail after posting a $4,000 bond.

DUI charges often result from a harmless indiscretion, but the penalties attached to a DUI in Florida can be severe. Whether or not the man was in fact intoxicated, he most likely was not trying to permanently steal the golf cart and was probably unaware that driving a golf cart impaired can result in DUI charges. Despite what the man’s intentions were, prosecutors will attempt to apply the charges to the best of their ability.

While the majority of DUI arrests made involve a person driving a car, truck or other motor vehicle, law enforcement officers throughout the state of Florida will pursue arrests of people in all types of vehicles, including golf carts. Florida law enforcement officials take drunk driving very seriously. Police set out to charge and convict people of drunk driving whenever possible. It doesn’t matter whether you are stopped driving an SUV, motorcycle or golf cart – if police can show you were driving a vehicle while under the influence of drugs or alcohol to the point that your normal faculties are impaired, you can be arrested for a Florida DUI.

It is extremely important that those facing DUI charges seek legal advice from a DUI defense lawyer as soon as possible. An effective defense can reduce or dismiss overzealous charges and ensure that any consequences that follow are not too strict.

December 5, 2011

Ocala Golf Cart DUI Attorneys Whittel & Melton :: Man Driving Golf Cart on Roadway Charged with DUI

by Whittel & Melton, LLC

A Summerfield, Florida man operating a golf cart was arrested Monday for DUI after allegedly failing a field sobriety test.

According to a police report, deputies were called to a Sally Beauty Supply after being notified of a robbery. Employees supposedly said a man acting strangely entered the store twice and asked for money from the cash register.

Clerks at the store apparently gave the man money from their pockets and he left.

A deputy supposedly spotted the 44-year-old man later driving a golf cart with one functioning headlight. The man allegedly agreed to a field sobriety test after being stopped by the officer.

The officer transported the man to the Marion County Jail after he allegedly failed the sobriety exercise.

According to police, the man’s record indicates that his driver’s license had been suspended in January 2004 for 10 years for DUI in Pasco County and that he was convicted two other times for DUI in Palm Beach.

The man supposedly declined a breath or blood test at the jail.

In addition to DUI the man was charged with refusing to submit to a breath test and driving with a suspended or revoked license.

In the state of Florida, it is entirely possible to receive a DUI while operating a golf cart. Similarly, a person can be arrested for DUI while riding a bike, scooter, horse and even a motorized wheel chair in Florida. The prosecution still has the same burden of proof whether a
DUI arrest is related to a golf cart or any other mode of transportation – the accused was in control of the vehicle and their driving ability was impaired by drugs or alcohol.

Golf carts are relatively inexpensive and quite easy to navigate which makes them a very popular mode of transportation for Florida residents. Golf carts are recognized as motor vehicles that can be just as dangerous as a car or any other type of automobile. With that said, if a driver of a golf cart is suspected of operating a cart under the influence of drugs or alcohol, he or she may suffer the same consequences associated with a motor vehicle DUI including the loss of a driver’s license, fines and possible jail time.

The Florida DUI Attorneys at Whittel & Melton can fully examine any evidence stacked against you to determine whether the information can be admissible in court. Our attorneys understand the legal requirements that apply to DUI evidence, including the calibration of breathalyzer tests, the validity of field sobriety tests and other important factors.