Jacksonville Criminal Defense Lawyer Blog

Jacksonville DUI officers use the Walk and Turn test, along with other field sobriety tests, to determine if a Jacksonville DUI suspect is impaired.  Due to the unfair nature of this test, there are many ways to discredit this DUI test.  For example, this test has a maximum number of eight clues. The first two clues occur during the instruction phase.  The Jacksonville DUI officer requires the Jacksonville DUI defendant to stand with one foot in front of the other while listening to instruction.  If the Jacksonville DUI suspect (1) cannot balance or (2) starts too soon, the Jacksonville DUI officer will count a clue for each.  Then next four clues occur during the walk.  If the Jacksonville DUI suspect (3) pauses, (4) misses heel-to-toe, (5) steps off the line, or (6) uses his arms to balance, the Jacksonville DUI officer will count a clue for each.  The Jacksonville DUI officer will count another clue (7) if the Jacksonville DUI suspect does not turn as instructed and another clue (8) if he does not take nine steps down and nine steps back.  If a Jacksonville DUI suspects exhibits two of the eight clues, this implies that he is impaired.  This does not make sense.  If a person takes a test and misses 2 out of 8 questions, he would receive a grade of 75.  This is a passing score.  Why does the Jacksonville DUI suspect fail the test with a score of 75?  

Jacksonville DUI Field Sobriety Tests include the One-Leg Stand test.  Florida DUI officers use this test to determine if a Jacksonville DUI suspect is impaired.  This test is a DUI test that divides the Jacksonville DUI suspect's attentions and judges his ability to follow instructions, balance, and count aloud.  The test is divided into two stages: the instructions stage and the performance stage.  During the instruction phase, the Jacksonville DUI suspect  stand with his feet together and his arms by his side, while the Jacksonville DUI officer give the instructions.  The Jacksonville Florida DUI officer is watching the Jacksonville DUI suspect sways or loses his balance.  During the performance stage, the Jacksonville DUI suspect is required to lift one leg about 6 inches off the ground.  The Jacksonville DUI suspect must stand with both legs strait, look at his foot, and count to 30 seconds.  The Jacksonville DUI officer is looking for four clues: (1) swaying, (2) using arms to balance, (3) putting the foot down prematurely, and (4) hopping.  If the Jacksonville DUI suspect does two of the things lifted above, the Jacksonville DUI officer will imply that he is impaired. 

It is standard practice for a Jacksonville Florida DUI police officer to administer a Florida DUI field sobriety test known as the One-Leg Stand test.  If a Jacksonville DUI suspect does not preform well on the test, the Jacksonville DUI officer will use this against him.  However, there are many other reasons why a Jacksonville DUI suspect may not perform well on this test.  For example, the original research conducted for this DUI test shows that people that are at least 50 pounds overweight or over 65-years-old, did not preform well on this test.  Additionally, Jacksonville DUI suspect may have trouble balancing due to medical reasons or physical disabilities.  The Jacksonville suspect may be fatigued or distracted.  

In Jacksonville Driving Under the Influence cases, the Jacksonville DUI suspect is asked to take field sobriety tests.  Jacksonville field sobriety tests are used by the DUI officer to determine if there is probable cause to arrest the driver for Driving Under the Influence.  The Jacksonville DUI officer looks for a certain number of "clues" for each test in order to determine if the driver is impaired.  The three main tests administered are:

In every Jacksonville DUI case that I have tried, I filed a motion in limine to exclude the police officer's testimony that he believed that the Jacksonville DUI defendant was impaired.  In a Jacksonville DUI case, impairment is an element that the prosecutor must prove.  When a police officer testifies that Jacksonville DUI defendant is impaired, he is saying that the Jacksonville DUI defendant is guilty.  With other crimes, the police officer cannot testify that he believes the defendant is guilty.  However, Jacksonville DUI cases are treated differently, and the police officer may testify that the Jacksonville DUI defendant was impaired.  Therefore, my motion in limine is denied, and the prosecutor enters this testimony in the Jacksonville DUI case.  

In Jacksonville possession of cocaine cases, the prosecutor will often attempt to enter into evidence the fact that the Jacksonville possession of cocaine defendant had a large amount of cash in his possession.  Obviously, this highly prejudicial to the Jacksonville possession of cocaine defendant.  When a defendant is alleged to have illegal drugs and large amounts of cash on his person, most juries will look at the defendant and see a drug dealer.  Evidence of cash in a Jacksonville possession of cocaine case is irrelevant and should not be allowed.  In mere Jacksonville possession of cocaine cases, the defendant is not alleged to have sold the cocaine.  He is merely in possession of the cocaine.  Therefore, the fact that he has a large amount of cash on his person has nothing to do with the possession of cocaine, and is irrelevant.  To learn more about Jacksonville possession of cocaine evidence law, read Mosley v. State or contact a Jacksonville Possession of Cocaine Attorney. 

Most people think that in order to get Jacksonville juvenile charges dropped, you have to be not guilty of the offense.  Then, once the prosecutor discovers that you are not guilty, he will drop the charges.  This is not true.  A Jacksonville Juvenile Attorney will usually speak with the prosecutor before court and discuss other options.  The Juvenile Justice Diversion Program is one of those options.  Jacksonville Juvenile Justice Diversion Programs usually consist of an essay, letter of apology, and 40 hours of community service.  Once the juvenile completes this program, his Jacksonville Juvenile charges will be dropped.  This is beneficial to the juvenile's criminal record.  

Three St. John's County teenage girls were arrested for auto burglary.  They are accused of breaking into cars in St. Augustine, Florida.  In Florida, burglary to an automobile occurs when a person enters the motor vehicle with the intent to commit an offense inside of it.  Many people believe that in order for a person to commit car burglary, you must "break" into the car.  However, this is not the case.  In Jacksonville and the surrounding areas, you only need to enter the car with criminal intent. Therefore, if the St. Augustine girls merely opened the car doors and took spare change, they committed burglary.  To learn more about Jacksonville Burglary, visit www.jacksonvillelawyer.pro or contact a Jacksonville Burglary Attorney.

On December 30, 2008, in State of Florida v. Glenn Kelly, the Florida Supreme Court ruled that a prior misdemeanor Florida DUI conviction cannot be used to enhance a DUI from a misdemeanor to a felony.  However, there are four elements that must be met for this DUI rule to apply.