Jacksonville Criminal Defense Lawyer Blog

As the warm weather comes upon Jacksonville and the surrounding areas, so does the amount of boat traffic in our local waterways. In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville's boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, "I was caught BUI (boating under the influence), do I need a Jacksonville Criminal Defense Lawyer?"

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person's normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver's license suspension. However, it will suspend your boating privileges.

When you take your boat out into Jacksonville waterways, you must be responsible and refrain from drinking and driving. Get a designated driver or abstain from drinking entirely. BUI is a criminal offense that is completely avoidable, however, if you are faced with a Jacksonville BUI, the advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Therefore, if you or a loved one are facing a Jacksonville BUI or other Jacksonville Criminal Offenses, contact a Jacksonville Criminal Defense Lawyer today and discuss your case and possible defenses that might mitigate the criminal offense you are charged with.

As The Players comes to a pinnacle this weekend, some Jacksonville residents and tourists alike may be in a position that was not anticipated as they went out for a day of golf and celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an "implied Consent Law." Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

Furthermore, a DUI conviction can result in serious penalties, both civilly and criminally. According to a Jacksonville Personal Injury Lawyer if the defendant injured or damaged another's property, they could be facing a civil penalty for the losses suffered by the victims. Florida Statute § 316.192, defines the penalties for first time offenders. A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year, an interlock device, required community service, and potentially vehicle impoundment.

When facing a Jacksonville DUI charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

As a Jacksonville Beach Criminal Defense Lawyer, when I read the recent article of DUI manslaughter, I was shocked. I was personally in the area when this incident occurred. Although I did not witness the incident, I was delayed in traffic as a result of the Police Investigation. According to the report, Francisco Mendez has been arrested for DUI Manslaughter and leaving the scene of an accident resulting in death.

This incident occurred on Saturday night on 3rd street in the Jacksonville Beach area. At or about 3 AM, 29 year old Justin Reif was crossing third street when he was struck by on-coming traffic, Francisco. A witness stated the vehicle did not stop immediately, but returned a short time later. However, after the driver saw the victim, he left the scene again. A short time later, the Jacksonville Police pulled over a vehicle matching the description and arrested the driver, Francisco.

As a Jacksonville Beach Criminal Attorney, this incident bring several questions to mind. First, eye-witness statements are notoriously incorrect and inaccurate. This fact is increased by the traumatic event they witnessed. This could be a simple case of misidentification. Second, police stated he had "an ordor of alcohol on his breath and his eyes were red." Well, did the police conduct a proper field sobriety or a breathalyzer? What evidence do they have regarding his intoxication?

All there questions and more will have to be answered before Francisco can convicted. The State is required to prove their case beyond a reasonable doubt before a conviction can be upheld. If you are facing a Jacksonville Beach Hit-and-Run Charge, contact a Jacksonville Beach Criminal Defense Lawyer today. Time is of the essence.

Florida Highway Patrol (FHP) arrested 77 year old Barbara Dunn for DUI after crashing into a group of Bikers. According to the report, Dunn was driving North on Oceanshore Blvd. when she swerved into the Southbound lanes. Once heading in the wrong direction, she struck a group of bikers heading South. Unfortunately, one biker died as a result of the accident and two others were injured. Dunn is currently in Volusia County Jail for a DUI charge.

As a Jacksonville Criminal Defense Lawyer this story comes as no surprise. Last weekend was a big weekend all around Florida; especially in Daytona. In Daytona Bike Week was wrapping up and St. Patrick's Day celebrations were occurring as well. It was a time of fun, sun, drinks, and more. But, some, like Dunn, over indulge and take to the wheel. Driving under the influence is a Criminal Offense and can hold some severe penalties. As a Jacksonville Criminal Defense Lawyer I can assist you in your defense and make sure your rights are being protected along the way.

Driving under the Influence happens, but sometimes the Officers get it wrong. Was the breathalyzer broken or malfunctioning? Was there another reason you did not perform well on field sobriety test? Did you refuse the test? What evidence does the State have against you? All these questions and more can be answered by a Jacksonville Criminal Defense Lawyer during your initial FREE consultation. As a Jacksonville Criminal Defense Lawyer I can make the determinations as to what defenses apply and make sure your rights are being protected. Therefore, if you or a loved one are facing a Florida DUI, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your Florida Criminal Case.

Jacksonville, its St. Patrick's Day, a time of celebration and all things green! But remember that driving under the influence can lead to both civil and criminal liability. So, lets make this St. Patrick's Day safe and enjoyable for everyone. Don't Drink and Drive!!

As a Jacksonville Criminal Defense Lawyer, I can tell you that driving under the influence will open a person to both criminal and civil penalties. Furthermore, drunk driving is the most preventable Jacksonville criminal offense. That is why Budweiser and AAA have come together to get Jacksonville home safely this St. Patrick's Day. Their program "Tow to Go" will send a tow truck to your location and take both the driver and his or her vehicle to their home; safely. The best part is that it is a completely FREE service!

The number to call is 1-800-AAA-HELP.

"Tow to Go" will be for those who have over indulged in tonight's festivities and need some assistance in getting their vehicle home. Although this is a great program, the best practice is to have a designated driver, call a cab, spend the night, or just drink responsibly. Jacksonville, let's make St. Patrick's Day safe and enjoyable for everyone. Don't drink and drive! However, if you are charged with a Jacksonville DUI, contact a Jacksonville Criminal Defense Lawyer to review your case and fight for your rights. The advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to make all the difference in your case. So do not delay, contact a Jacksonville Criminal Defense Lawyer today.

Florida Highway Patrol (FHP) has been stepping up their DUI enforcement in Jacksonville, Clay, St. Johns, Nassau, and else where this week leading up to St. Paddy's Day on Saturday. The FHP and other law enforcement agencies are joining the national campaign of "Drive Sober or Get Pulled Over" that has been geared to reducing the amount of accidents and injuries from reckless, speeding, or negligent drivers.

This National Campaign stems from Florida accident reports of 2010. During that year, there were approximately 18,000 alcohol-related accidents in Florida alone. As a result of those accidents almost 800 people lost their lives and another 12,000 suffered injuries.

Jacksonville residents and residents in the surrounding areas, as you head out this weekend, remember not to drink and drive. It could be the difference between a hangover and a Jacksonville Felony Charge. Therefore, if you find yourself facing a Jacksonville DUI or other Criminal Offence, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the proper approach in moving forward.

In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville's boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, "I was caught boating under the influence (BUI), what can I do?"

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person's normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver's license suspension. However, it will suspend your boating privileges.

When you take your boat out into Jacksonville waterways, you must be responsible and refrain from drinking and driving. Get a designated driver or abstain from drinking entirely. BUI is a criminal offense that is completely avoidable, however, if you are faced with a Jacksonville BUI, the advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Therefore, if you or a loved one are facing a Jacksonville BUI or other Jacksonville Criminal Offenses, contact a Jacksonville Criminal Defense Lawyer today and discuss your case and possible defenses that might mitigate the criminal offense you are charged with.

As a Jacksonville resident and Hockey fan, I have seen many a Zamboni driver resurface the ice at a rink. But, this is a first for me. A local Zamboni driver in Minnesota was recently arrested on the suspicion of driving under the influence (DUI). Although located outside of the state of Florida the DUI laws are similar in many aspects.

According to the reports, the hockey coach of a local PeeWee team notified the police of the erratic behavior. The notification to the police was made after parents, players, and spectators witnessed the Zamboni driver weaving, running into the rink, and taking extended amount of time to resurface the ice. When the police arrived, they conducted a Field Sobriety test; which the Zamboni driver failed.

Florida's DUI laws are governed by Statute. Florida Statute § 316.193, which defines DUI as driving or in actual physical control of a vehicle within this state and the person, is under the influence of alcoholic beverages...[with] a BAC of 0.08 or more. The penalties range depending upon number of convictions and other aggravating factors. This is a peculiar case, as in the motor vehicle is a Zamboni, occurred in an enclosed area, and on ice. However, the statute just requires a "motorized vehicle" and driving or physical control.

But what does all this mean for Jacksonville Motorist? It means a DUI charge can come in many forms, not just driving down the road after having too much to drink. However, a charge of Jacksonville DUI does not necessarily mean a conviction. The State still has to prove their case beyond a reasonable doubt. Furthermore, a Jacksonville Criminal Defense Lawyer can evaluate your case and determine if there are any mitigating factors or justifications for the alleged DUI. For instance, in this case, they report the smell of Red Bull and slurred speech. Red Bull is non-alcoholic and maybe he slurred his words because he was tired or sick and took the Red Bull to be more alert.

These are just a few initial impressions as to the allegations against the Zamboni driver. However, a more specific and personal consultation with the Defendant would be required for a more in depth and critical analysis of his case. So, if you have a pending Jacksonville DUI, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine the best approach in moving forward.

Simply put, no. Intent is not an element of the offense of DUI and lack of intent is not a recognized defense to DUI. A recent Writ of Certiorari went before the 1st District Court to determine whether it was proper for the trial court to grant the State's motion to preclude the petitioner from giving testimony and evidence regarding his lack of intent to drive as a defense and to negate his charges of Driving Under the Influence (DUI). This Court ruled the trial courts decision to grant the State's motion was proper and therefore denies the petitioners Writ of Certiorari.

This petition stems from the criminal DUI trial of Eugene McCosky. At the beginning of the trial the State filed an Omnibus Motion in Limine (basically a motion to limit testimony and evidence pertaining to a certain issue). The State wanted to prevent the defendant from arguing the State was required to prove intent to drive in order to convict him of DUI.

The defendant wanted to argue that on the night in question he had no intention of driving the vehicle, but was just waiting inside with the radio on until a friend came and picked him up. The court granted the State's motion on the grounds that under Fla. Stat. 316.193, a person is guilty of DUI of the person is driving or in actual physical control of the vehicle... The State argued and the court agreed intent is not an element of the crime charged and although defendants are allowed to argue defenses, intent in this regards is not a valid defense theory under Florida law. Therefore, the defendant's testimony and evidence would only confuse, mislead, and prejudice the jury.

Although this defendant was not able to overcome the evidence against him, a Jacksonville Criminal Defense Lawyer can challenge the State's case and determine what defenses and justification may be applicable in your case. Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

The Florida-Georgia Game will take place on Saturday, October 29, 2011. College students from all over the Southeast will flock to Jacksonville, Florida for one of the biggest tailgates of the year. While, most fans will have the time of their lives, others may end up with a not-so-friendly police encounter. In my experience as a Jacksonville Criminal Lawyer, many people get arrested at the Florida-Georgia game for alcohol-reltated offenses. Many underage college students will consume alcohol, and the Jacksonville Sheriff's Office is on the lookout for underage drinking. Quite often, the police officer will issue a notice to appear in court to the underage drinker. This is not something that should be taken lightly. It is still a crime in Florida and will go on the college student's criminal record. Therefore, before taking any action and entering a plea of guilty or no contest, it is imperative that the student discuss the case with an Jacksonville Criminal Attorney.

There are other alcohol-related crimes that occur at the Florida-Georgia game. These Florida crimes includes disorderly intoxication, indecent exposure, trespass, and resisting an officer with or without violence. If you are confronted with a police officer at the game, do not over react and treat the police officer with respect. Your reaction can make things worse. Additionally, you should know your rights. You do not have to speak to a police officer. In some cases, you may give him evidence that he can later use against you. If you are arrested, you should talk to a Jacksonville Criminal Attorney before making any decisions in your case.

In Atlantic Beach, Florida, a local bar manager was hit by a van. Kathleen Bryson Lamb died two days later at Shands Jacksonville hospital. After the Jacksonville Sheriff's Office conducted a traffic homicide investigation, they determined that the car accident was related to alcohol. As an Atlantic Beach DUI (Driving Under the Influence) Lawyer, I have represented many drivers charged with DUI in Jacksonville, Florida and the surrounding areas (Atlantic Beach, Neptune Beach, and Jacksonville Beach).

Therefore, whenever I hear about a car crash that is alcohol-related, I assume that the driver is being accused of DUI. However, this was not the cash with Ms. Lamb. She was a manager of Culhane's Irish Pub in Atlantic Beach, Florida. Reports state that she failed to yield to oncoming traffic and did not cross at the crosswalk. She had a blood-alcohol level of .20 which is over double the legal limit of .08. Police cleared the driver, James Robert Etheridge, and he was not charged with Atlantic Beach DUI or any other criminal offense or civil traffic infraction.

If you are charged with Driving Under the Influence or a Criminal Traffic Infraction in Atlantic Beach Florida, contact Atlantic Beach DUI Lawyer, Chris Walsh at Apple Law Firm PLLC in Jacksonville, Florida.

In Jacksonville, Florida, 16 people were arrested on Sunday for Jacksonville underage drinking. Not only are the underage drinkers being arrested, but the police are especially interested in cracking down on individuals that give alcohol to underage drinkers. Both Jacksonville underage drinking and selling, giving, or serving alcohol to minors are misdemeanors which are governed by Sections 562.11 and 562.111 of the Florida Statutes.

To read more about Jacksonville Underage Drinking at Jacksonville Jaguars Games, go to First Coast News.

If you have been arrested for Jacksonville Underage Drinking or Selling, Giving, or Serving Alcohol to a Minor contact a Jacksonville Criminal Defense Attorney.

Florida Statute Section 322.056 governs Jacksonville Driver Licenses suspensions for juveniles found delinquent for certain crimes. A Jacksonville juvenile's driver license will be suspended if he or she is found guilty or delinquent of:

1. selling, giving, serving, or possession of alcohol by a minor (under Florida Statute Section 562.11(2) or 562.111) or
2. a violation of Chapter 893 (drug-related offenses).