Reckless Driving

April 19, 2018

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

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.

October 26, 2017

Tiger Woods to Plead Guilty to Reckless Driving, Enter Program

by Whittel & Melton, LLC

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.

March 16, 2017

Avoid a DUI On St. Patrick’s Day

by Whittel & Melton, LLC

St. Patrick’s Day falls on a Friday this year, so we all know that means more people will be partaking in shenanigans this holiday weekend.

St. Patty’s Day is the fourth most popular drinking holiday, behind New Year’s Eve, Christmas and Independence Day. Every year, more than 33 million Americans celebrate by drinking pints of Guinness or green beer.

As with any holiday, St. Patrick’s Day can lead to some bad judgement calls, including choosing to drink and drive. While St. Patrick’s Day is a time for celebrating the luck of the Irish, a DUI can put a serious damper on your good time. A DUI conviction brings you anything but luck, including fines, jail time and loss of driving privileges. Not to mention that you put yourself and the lives of everyone sharing the roadways with you in extreme danger when you drink and drive. Reports indicate that on St. Patrick’s Day, there is a fatal alcohol-related accident every 74 minutes.

Instead of driving, plan another way home in advance. An Uber, Lyft or taxi ride is just a phone call away. Public transportation options are also available, depending on where you choose to celebrate.

If you are arrested this St. Patrick’s Day, or any other day for that matter, and charged with a DUI, it is best to retain legal counsel right away. Our Florida DUI Defense Lawyers at Whittel & Melton will be available 24/7 this St. Patrick’s Day weekend should you find yourself detained for DUI.

February 14, 2017

Washington Lawmaker Proposes Lower DUI Threshold, Could Florida Follow?

by Whittel & Melton, LLC

A Washington House committee heard testimony Tuesday on a bill that would lower the state’s blood alcohol level threshold for drunken driving from .08 to .05.

The state of Washington arrested 28,000 people for drunk driving last year. That figure is down from about 40,000 a few years ago.

The United States as a whole, saw its biggest jump in drunk driving deaths in 10 years in 2015, according to the National Highway Traffic Safety Administration (NHTSA). In 2015, 35,092 people lost their lives on U.S. roadways, which is a 7.2 percent increase from 2014.

While there was a siginificant increase in deaths, 18 states actually had fewer alcohol-impaired fatalities in 2015 compared to 2014. Florida was not one of them. The 5 states that experienced the biggest increases in deaths include Florida (+103), Georgia (+87), Arizona (+72), Oregon (+56) and Michigan (+55).

Florida saw 2,939 motor vehicle fatalities in 2015. Of those, 797 were alcohol-related tragedies. This is a 17.8 percent increase from the number of alcohol-related motor vehicle deaths in 2014.

All states have the right to establish their own BAC limits, but currently all states set the BAC at .08 for DUI arrests. It will be interesting to see in time if more states choose to set their own BAC or keep it uniform across all states.

May 5, 2016

Cinco de Mayo DUI: What To Do If You Were Arrested in Florida

by Whittel & Melton, LLC

Cinco de Mayo is viewed as an American drinking holiday, just like St. Patrick’s Day, New Year’s Eve and Halloween. On the fifth of May, there is usually a rise in DUI arrests due to local law enforcement officers cracking down on drunk drivers using DUI checkpoints. If you have found yourself facing DUI charges, it is best to speak with a Florida DUI Defense Lawyer at Whittel & Melton as soon as possible so that you can better understand your legal rights.

We understand how to help you build the strongest possible case for DUI charges. We will start by collecting and analyzing the facts surrounding your case, including why the police stopped you in the first place and how they tested your blood alcohol content level.

Did you know that Breathalyzers can malfunction? Police can even make errors when it comes to the proper methods for administering these tests. A further investigation into the testing procedures could show that the equipment used may not have been maintained or calibrated properly. Let us help you mount the strongest possible defense for the specific DUI charges you are facing.

When it comes to DUI cases, it is important to act fast as there are deadlines for filing paperwork, and if these documents are not filled out correctly, this could weaken your chances of achieving the best possible outcome. Even if you are facing a first- time DUI arrest, you could still be looking at possible jail time. Prosecutors fight quite aggressively to enforce the maximum punishments on DUI offenders. As former prosecutors, we know what techniques the State will attempt to bring against you and can counter their attacks accordingly.

December 22, 2015

Avoid a Holiday DUI in Tampa Bay

by Whittel & Melton, LLC

With the holidays here, a large amount of people will be traveling to see their families. While this is a time for celebrating and family fun, the increased number of drivers on the roads usually means a larger number of intoxicated drivers, leading to an increased risk of accidents and arrests for driving under the influence.

The following tips can keep you out of trouble and help you avoid being charged with a holiday DUI this year.

Do Not Drink and Drive

Sounds easy enough, right? The most obvious way to avoid a DUI over the holidays is to refrain from drinking and driving. If you plan on drinking, make sure you have a designated driver. If you do not have anyone that can drive you, call a taxi , use a rideshare app like Uber or Lyft, or just stay put until you are completely sober. This will keep you and everyone else on the roads safe.

A person can be charged with a DUI if they get behind the wheel of a car with a blood alcohol concentration (BAC) of 0.08% or higher. There are several ways to keep you BAC down, including:

Eating
Drinking water
Pacing yourself
Waiting before driving

It is important to point out that if you happen to cause an accident with any amount of alcohol in your system, you can still face severe penalties and a possible DUI arrest. Every person is different, and there is no absolute formula to help you stay sober. Generally speaking, it takes a small amount of alcohol for a person to become legally drunk.

Drive Safely

Always drive safely, but pay special attention to this during the holidays. Don’t blow through stop signs or make any risky maneuvers. Eliminate distractions like cell phones and loud music so that you can focus completely on the task at hand.

The above tips can help you avoid a holiday DUI, but understand that there is always the possibility of being pulled over at the wrong time. If you find yourself arrested for DUI over the holidays, our Tampa Bay DUI Defense Lawyers at Whittel & Melton can help you obtain the best possible outcome for your unique situation.

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.

September 23, 2015

EX-Falcon Jamal Anderson Arrested for Second DUI

by Whittel & Melton, LLC

Former Atlanta Falcons running back Jamal Anderson has been arrested again for DUI, according to reports.

Anderson, who played for the Falcons from 1994 to 2001, was arrested and charged after a traffic stop Sunday morning around 2 a.m., according to the Hall County Sheriff’s Office.

He was stopped on Friendship Road at Deaton Creek Parkway for failing to maintain his lane.

He bonded out of jail around 10 a.m. Sunday.

This is the second DUI arrest in less than a year for Anderson, who was charged in Gwinnett County last November after he was found passed out in his Cadillac Escalade near the I-85/Ga. 316 merger.

Anderson was reportedly scheduled to be arraigned Wednesday for the November charges, according to reports.

If you have been arrested for a DUI offense in Florida, with a prior offense on your criminal record, you have some serious potential penalties stacked against you. The consequences for a second drunk driving charge are greatly increased from a first offense. If you were arrested for a second DUI in Florida, a Florida DUI Defense Lawyer at Whittel & Melton can prepare you for what to expect.

The penalties for a second DUI conviction within five years of any prior DUI conviction may include the following:

At least 10 days in jail and maximum imprisonment of up to 9 months
12 months probation
Fines between $1,000-$4,000
At least 50 hours of community service
Vehicle impoundment or immobilization of 30 days
Minimum 5 years revocation of the driver’s license with no eligibility for hardship reinstatement until after one year
Mandatory ignition interlock device for 1-2 years

August 21, 2015

UCF Police Increasing DUI Patrols Friday

by Whittel & Melton, LLC

The UCF Police Department, in partnership with Florida Highway Patrol, Orange County and Seminole County sheriff’s offices, will be amping up their efforts to reduce the number of drunk drivers on the roads Friday.

The agencies will be on the lookout for impaired drivers in the UCF area, according to reports.

This increase in patrols coincides with campus move-in and many students first night of freedom. Those suspected of driving under the influence will be pulled over and asked to complete a roadside sobriety test.

UCF PD and OCSO’s newly implemented program SNAP will also be in effect, and those violating drinking laws will be subject to written or physical arrests along with Office of Student Conduct referrals.

If arrested for DUI, drivers will be transported to OCSO’s blood-alcohol testing trailer, which is stationed near the Bright House Networks Stadium, for a breath sample before being taken to jail. Drivers under the influence who are under 21 will face consequences even if they are below the legal limit.

According to the release, “UCF PD’s goal is to reduce the crashes, injuries and fatalities that come from impaired driving, and police will have zero tolerance for those breaking the law.”

DUI checkpoints are roadblocks set up by law enforcement officials to check the sobriety of drivers in the vicinity. Officers will typically stop all or some of the vehicles to check for possible impairments, either by alcohol or drugs. Patrols are usually set up during times when people are most likely to be out drinking – late at night during the end of the week and on weekends.

If you have recently been arrested at a DUI checkpoint, it is in your best interests to speak with a Florida DUI Defense Lawyer as soon as possible. If you are convicted of DUI, the consequences can be severe, including the following potential penalties:

Loss of your driver’s license
Jail time
Probation
Community service
Substantial fines and fees
Court ordered alcohol/drug treatment or classes
Increased auto insurance premiums

July 2, 2015

DUIs on the Fourth of July

by Whittel & Melton, LLC

The Fourth of July is just days away and people all over Tampa Bay will be planning to attend various celebrations, or perhaps planning one of their own. As is the case with other holidays, Fourth of July festivities often involve the consumption of alcoholic beverages. State and local law enforcement are aware of this fact, and you can definitely expect to see increased DUI patrols during this holiday weekend.

There are several things that you can do to reduce your risk of being arrested for DUI. Obviously, the most straightforward course of action is to refrain from drinking alcohol. However, there are perfectly responsible ways for Tampa area residents to enjoy alcohol this Independence Day. If you do choose to drink, here are a few ways to avoid a DUI arrest:

Plan ahead. Before heading out, make sure you have a plan on how you will be getting home safely.
Select a Sober Driver. If you are going out with a group of people, choose someone you can trust to act as the designated driver.
Use Public Transportation or a Rideshare Service. Tampa has a variety of public transportation options. You can always use a rideshare app such as Uber and Lyft as well. By leaving the driving to someone else, you will eliminate any risk of being accused of drunk driving.