Articles Posted in Multiple DUI Convictions

307393_mowing_job.jpgMarion County, Florida – A 68-year-old Marion County man was arrested and charged with his fifth DUI Tuesday after a deputy stopped him for allegedly driving a lawnmower in the opposite lane of traffic.

A dash camera allegedly captured the man driving his lawn mower in the wrong direction. The man apparently told the deputy that he thought that was the way he was supposed to drive the lawnmower; however the deputy told the man he was not supposed to drive a lawnmower on the street at all.

The deputy claims that after asking the man for his license, he responded that he had not had a license since 1985 due to a DUI.

The deputy asked the man to submit to a field sobriety test. However, the man told the officer he could not perform the test due to his equilibrium being off balance from a brain surgery he had.

The man allegedly told the officer he could not count to 10 because of his equilibrium.
Deputies claim the man failed the sobriety test and then pleaded with the arresting officer to let him go home.

Deputies allege the man had an open beer in the cup holder of the lawnmower, and four unopened beers in the back of the lawn mower.

While this DUI charge may seem strange, the prosecutors representing the State of Florida will argue a riding lawnmower is considered a motor vehicle in pursuit of this DUI, and anyone suspected of operating this type of vehicle under the influence of drugs or alcohol can be arrested for driving under the influence.

Following a stop for DUI, you will likely be asked to submit to a field sobriety test. It is important to understand that these tests are not very accurate, but can still be used against you as evidence in court. You can fail a field sobriety test for numerous other innocent reasons than simply being intoxicated. In fact, a medical condition, poor balance, vertigo, fatigue, fear, stress, age and most commonly, incorrectly administered tests can result in a “fail.”

It is important to understand that an officer will ask you to submit to a field sobriety test because he or she believes you are impaired. Any mistake or error you make on these tests could serve as an indication to the arresting officer and the prosecution that you were drinking and driving. To make matters worse, seldom will an officer in Florida inform you that these field sobriety exercises are voluntary and you cannot be forced to perform them.

If you choose to consent to a field sobriety test, the officer will likely ask you to perform one or more of the following tests: Horizontal Gaze Nystagmus, Standing on One Leg, Walk and Turn, Finger to Nose or they may simply ask you to recite the letters of the alphabet (forwards and/or backwards). Remember, unlike the breath and/or blood tests you have the legal right, with no legal consequences, to refuse these roadside tests. When refusing a field sobriety test, the best way to do so is to tell the arresting officer no thank you and that you wish to speak to an attorney first. Whatever your decision, the Florida DUI Defense Lawyers at Whittel & Melton will work aggressively on any DUI case, especially those based on an officer’s opinion as opposed to scientifically reliable evidence.

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A Pompano Beach, Florida man convicted six times of DUI was arrested Monday night for a seventh DUI offense.

The 51-year-old man was charged with having a third DUI offense within 10 years, driving on a permanently revoked driver’s license, corruption by threat to a judge, resisting an officer without violence and DUI breath alcohol content greater than .15.

According to reports, the man allegedly kicked out a window frame of a patrol car door, which resulted in a criminal mischief charge. The damage total was estimated at $300.

In his first court appearance Tuesday, the man was ordered a $128,100 bond. He remained in jail as of 6 p.m.

The man began a 20-month state prison sentence followed by probation in 2003 for a third felony DUI conviction.

In that case, the man apparently refused to perform a breath test.

State legislature has increased the penalties for refusing a breath test by passing the “refusal statute.” If you are charged with DUI and refuse a breath test, and have previously refused a breath test in the past, you will be charged with another crime.

The Assistant State Attorney claims these charges will be prosecuted severely based on the man’s prior record.

None of the man’s previous DUI convictions involved a serious bodily injury. However, if the man is convicted of a seventh offense he could face a 17-year state prison sentence.

Multiple DUI offenses can severely tarnish your future, and the consequences attached have the ability to change your life forever. It is important to understand that prior DUI convictions may influence your treatment by the court throughout the criminal process. Due to multiple convictions, a jury may be inclined to believe you are guilty of additional charges as well. Judges and prosecutors have little tolerance for repeat offenders and will do anything to keep them off the roads for as long as possible. In determining your sentence, a judge will likely impose harsher penalties. The prosecution will probably pursue maximum consequences.

Unfortunately, if you have been convicted of multiple DUIs in the past, the State could charge you with a felony DUI. For every additional drunk driving conviction, prosecutors tend to tack on additional penalties. This is why repeat DUI offenders need a Florida DUI Defense Attorney to make sure their rights are protected under Florida law. Failing to secure a strong defense for a third or subsequent DUI charge could result in increased time behind bars, enhanced fines and other additional consequences.

The Multiple DUI Defense Lawyers at Whittel & Melton can review your current DUI charge in order to locate anything that could help with building your defense. We will look into your past DUI cases to determine if any crucial information was overlooked. With your future freedom at stake it is important contact us today so that the investigation into your case can begin right away. We will fight aggressively in your defense despite prior drunk driving convictions.

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