Jacksonville Criminal Defense Lawyer Blog

The Florida Supreme Court has ruled that if a driver refuses to take a field sobriety test, his or her refusal can be used against him or her. In State v. Taylor (648 So. 2d 701 (Fla. 1995)), the Florida DUI Defendant was stopped for speeding. The police officer suspected that he was driving while intoxicated, because Taylor was staggering and smelled like alcohol. Taylor refused to take the Florida DUI field sobriety tests. The Florida Supreme Court held that his refusal did not constitute compelled self-incrimination. Therefore, the Fifth Amendment privilege against compelled self-incrimination was inapplicable. The Florida Supreme Court reasoned that Taylor had a choice whether to submit to the DUI tests or not, the DUI tests were noninvasive, painless, and commonplace, and he was not misled concerning the consequences of refusal of the Florida DUI tests. Furthermore, the court reasoned that the refusal was relevant evidence that showed consciousness of guilt, because Taylor was aware of the purpose of the tests and the consequences of refusal.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, it is important to discuss this Jacksonville DUI charge with a Jacksonville DUI Laywer. While the Florida Supreme Court in Taylor ruled that the evidence of refusal was admissible, your case may be different, like State v. Moon, a Jacksonville DUI Case. Contact Jacksonville DUI Lawyer, Cynthia Veintemillas, at (904) 685-1200.

Jacksonville Criminal Lawyers are often faced with cases that involve illegal searches and seizures. When a Jacksonville police officer conducts stops or searches a person, he must conduct himself in a manner that does not violates a persons Fourth Amendment rights. If police officer violates the constitutional rights of a criminal defendant, a Jacksonville Criminal Lawyer can file a motion to suppress any evidence that way obtained due to the illegal search or seizure.

Recently, in Ferguson v. State, the Florida Second District Court of Appeals ruled on this issue. In this Florida case, Mr. Ferguson was located in a "high crime area" and was trying to avoiding contact with an officer in a manner that the officer thought was suspicious. When the officer turned her patrol car around to investigate, Ferguson attempted to drive away. The officer pulled him over, placed him under arrest for loitering and prowling, and searched the car incident to arrest. Ferguson was charged with loitering and prowling, possession of a firearm by a felon, possession of marijuana and possession of drug paraphernalia.

Mr. Ferguson appealed the conviction on the grounds that the trial court erred when it denied Ferguson's motion to suppress the evidence seized after he was arrested. The Florida Second District Court of Appeals agreed with Ferguson, because the officer did not have a reasonable suspicion of criminal activity to detain him or probable cause to arrest him for loitering and prowling. Since there was no probable cause for the arrest, all of the evidence seized must be suppressed.

Jacksonville Criminal Lawyers analyze each case to determine if an illegal search or seizure occurred. If you have recently been arrested, contact a Jacksonville Criminal Lawyer at (904) 685-1200, extension 103

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Four people were arrested in Jacksonville on charges involving the operation of a meth lab. The arrests occurred in different areas of Jacksonville, including Arlington, Jacksonville Beach, and the Mayport Naval Station. Local Media reports that the investigation began on suspicion about the manufacture, sale and use of methamphetamine in Jacksonville. In one of the Jacksonville residences that police searched, police "found a line of methamphetamine on a coffee table and a meth lab packaged in two boxes."

In Jacksonville, Florida, charges related to possession of a controlled substance, such as methamphetamine (meth), is governed by Florida Statute Section 893.03. According to Florida Statute Section 893.135, possession of 14 grams or more of methamphetamine in Jacksonville carries a minimum sentence of 3 to 15 years in Florida State Prison.

When a person is arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages (DUI), he or she will often be asked to take a Jacksonville DUI Breath Test. If a driver refuses to take a Jacksonville DUI Breath Test, he will lose his license for one year (for a first refusal). In some circumstances, the driver will recant and choose to take the Jacksonville DUI Breath Test. The Florida Fourth District Court of Appeals addressed this issue in Larmer v. State, Dep't of Highway Safety & Motor Vehicles, 522 So. 2d 941 (Fla. 4th DCA 1988).

In Larmer, the Defendant was arrested for DUI in Florida. A police officer advised him of Florida's Implied Consent Law. Then, he asked if Lamar would take a breathalyzer test. The officer advised him that he would lose his license for one year if he refused. The defendant refused to take the breathalyzer test until he spoke with his employer or an attorney. He spoke with his employer only minutes later and told the officer that he wanted to take the breathalyzer test. The officer refused his request, and his drivers license was suspended.

This Florida court found that Lamar's "pretraction of his initial refusal came moments after that refusal, while petitioner was continuously in the presence of the police officers, and in circumstances where no inconvenience would result by permitting him immediately thereafter to take the test that would produce the evidence that is the object and intent of Florida's Implied Consent Law." Therefore, the order suspending petitioner's license was quashed.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, it is important to discuss this Jacksonville DUI charge with a Jacksonville DUI Laywer. Every case is different, and the law in Lamar may or may not apply to your case. Contact Jacksonville DUI Lawyer, Cynthia Veintemillas, at (904) 685-1200.

As a Jacksonville Driver's License Attorney, I recently handled a case for driving without a Valid Driver's License in Jacksonville Florida, contrary to the provisions of Florida Statute Section 322.03(1). The Florida Law states that "a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license" but what exactly does "drive" mean?

The Florida Supreme Court, in Marshall v. State, 354 So. 2d 107 (Fla. 1978), held that "to be in actual physical control of a motor vehicle is not enough to convict for driving without a license."  The person must be driving.  However, Marshall was superseded by two cases, State v. Tucker, 761 So. 2d 1248 (Fla. 2nd DCA 2000) and State v. Bostick, 751 So. 2d 780 (Fla. 5th DCA 2000). While both cases addressed Driving with a Suspended or Revoked License, instead of the charge of Driving without a valid Driver's License, the cases apply the revised Florida statute which caused Marshall to be overruled. 

Tucker states that "[Florida Statute Section] 322.01(15) (1999) now includes the following definition for the term "drive": as used in this chapter "drive" means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. According to the plain language of this provision, the definition of "drive" in [Florida Statute Section] 322.01(15) (1999) applies to [Florida Statute Section] 322.34 (1999)." Section 322.01 is the definitions section that applies to the entire chapter, including 322.03.  The 2010 version of the statute that defines "drive" is 322.01(16), and it gives the same definition.  

According to these Florida cases and statutes, a client charged with Jacksonville Driving on a Suspended License and Jacksonville Driving on a Suspended License can be convicted of Driving Without a Valid Driver's License, if he is in actual physical control of the vehicle, but not technically driving.