Jacksonville Criminal Defense Lawyer Blog

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.

As the New Year begins, some Jacksonville residents may be in a position that was not anticipated as they went out for their New Year's Eve 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 Criminal Defense Lawyer many Jacksonville Criminal Defendants are out on bail. Bail comes in many forms and is determined by the judge during the initial appearances of the defendant. Furthermore, a bail can be set in a monetary amount, ROR, or surety. But, what happens if bail is paid and subsequently the Jacksonville Criminal Defendant does not appear at the required court hearing?

Florida Statutes Chapter 903 specifically deals with all matters relating to Bail. The Statute of particular importance in this blog is § 903.26 "Forfeiture of the bond..." According to the Statute, a bond can be forfeited for a breach of the conditions set forth in the bond and/or failure of the Defendant to appear at a required Court hearing. Failure of a Defendant to appear at a required Court hearing can have serious adverse consequences in your pending Jacksonville Criminal case. Additionally, up failure to appear the Court will issue a capias or a bench warrant for your arrest. A warrant will only compound the Criminal issues that are presently before you.

What about the person who paid the bond for your release? They will not have criminal or civil charges brought against them, unless they aided or assisted in your bail jumping. However, they will have lost the amount of money given to the Courts guaranteeing your return. This can be a substantial loss for some. It could mean the loss of your home, car, or a large sum of money. My advise for those who decide to post bail for another, make sure the Jacksonville Criminal Defendant is going to return to court before deciding to post their bail. It will not benefit either party if the Defendant does not return to Court.

If you have pending criminal charges against you and your out on bail, it is in your best interest to consult a Jacksonville Criminal Defense Lawyer. They will be able to evaluate your case and determine the best avenue in which to proceed.

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.

On Saturday night, a pedestrian was hit by a Chevrolet pickup truck in Jacksonville, Florida on Normandy Boulevard in Jacksonville near Parrish Cemetery Road. Jacksonville reports suggest that a 47-year-old woman named Virginia Kosobud was driving the truck. After hitting 22-year-old Crystal Brown, Ms. Kosobud left the scene of the accident in Jacksonville, Florida, and Ms. Brown died due to her injuries from the Jacksonville accident. Later, Ms. Kosobud was located. Police arrested Ms. Kosobud for Jacksonville leaving the scene of a crashing involving death and driving without a valid driver's license. It appears that police suspected that Ms. Kosobud was driving under the influence of alcohol in Jacksonville, Florida, because the results of an alcohol test is pending (News4jax).

Because police are waiting for the results of an alcohol test, I am assuming that this case involved a DUI blood-draw. Florida has extensive laws that cover blood-draws in Jacksonville DUI cases. While police may request a forcible blood-draw for a Jacksonville DUI accident that involves death or serious bodily injury, there are certain requirements that must be met first. Therefore, the entire case should be investigated and evaluated. If the blood-draw was unlawful, it may be suppressed. If it is suppressed, it cannot be used as evidence against the Jacksonville DUI defendant.

Middleburg resident, Milton Lee Minier, was sentenced to 10 years in the Florida State Prison. He plead guilty to the charge of Florida DUI (Driving Under the Influence) Manslaughter as part of a plea deal with the Clay County State Attorney's Office. According to the Florida Times Union (Jacksonville.com):

"Police said Minier drove into a cement wall in the 7900 block of Old Kings Road in the early morning hours of March 6, killing his passenger, 21-year-old Tiffany Manzano of Jacksonville. A sample of Minier's blood taken shortly after the crash revealed he had a blood-alcohol level of 0.185 percent, more than twice the legal limit, his arrest report said."

In Clay County, Florida, the legal limit is 0.08 percent. This blood-alcohol level is used as evidence in Clay County Florida DUI trials against the Defendant to help prosecutors prove the crime of Driving Under the Influence. It is important to investigate the DUI case and the circumstances surrounding the blood draw when defending a DUI charge. There could be a problem with the blood draw or the manner in which it was obtained. If you have been arrested for DUI in Clay County, Florida, contact Cynthia Veintemillas to discuss your case.

The Florida-Georgia game is the largest football game of the year in Jacksonville, Florida. People begin tailgating around the stadium days before the game. This college football game attracts Florida Gator and Georgia Bulldog fans of all ages. Naturally, this college football game is bound to attract University of Florida and University of Georgia fans alike. Most college students are under 21 years of age and therefore unable to legally consume alcohol. However, this does not stop most of them from drinking. The Florida Times Union has reported that "last year, the Jacksonville Sheriff's Office and the Florida Division of Alcoholic Beverages and Tobacco wrote 213 citations for underage possession of alcohol during the big weekend." Many of the police officers will be dressed in plain clothes, so it will be easier for them to find offenders.

If you are cited or arrested for an alcohol offense, do not plea guilty or no contest to the Jacksonville criminal charge without consulting with a Jacksonville Criminal Attorney first. Even if you merely pay a citation, you may be doing something that will later affect your criminal record. Contact Cynthia Veintemillas, Jacksonville Criminal Attorney.

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.

The Jacksonville Mayor's Spokesman, Abel Harding, was arrested for Driving Under the Influence (DUI) on Saturday night. A police officer stopped him for speeding. Thereafter, he suspected that Harding was under the influence of alcohol. The police report stated that he had a strong alcoholic odor and performed poorly on the field sobriety test (News4jax). As a Jacksonville DUI Lawyer, I would like to see the other evidence in the case before making a determination. He was only driving 11 mph over the speed limit (55 mph in a 60 mph zone) when he was stopped; he was not driving erratically. An odor of alcohol can be attributed to one or ten beers, so this alone is insufficient. Additionally, field sobriety tests are not easy to perform, so I would like to see if a video exists in order to make my own decision.

If you have questions about a Jacksonville DUI arrest, contact a Jacksonville DUI Lawyer, Cynthia Veintemillas.

I read the story about the Jacksonville Police Officer that refused to give a blood sample for the purpose of determining whether or not he was driving under the influence to the extent that he was impaired (Jacksonville.com) (See Jacksonville Police Officer Refuses DUI Blood Test for St. Johns County Traffic Case). He was in uniform and driving a police car. A Florida Trooper stated that he smelled an odor of an alcohol beverage on his breath and beer was found spilled in his patrol car. However, no alcoholic containers were found in the car.

I am not surprised by the amount of people that found him guilty of Driving Under the Influence in the court of public opinion based upon the fact that he refused a blood test. People often believe that a refusal is consciousness of guilt, but there are other reasons to why this Jacksonville Police Officer may have refused to give a blood sample.

In Florida, it is not illegal to drink and drive. It is illegal to drink to the point that your normal faculties are impaired and then drive. In Officer Michael Rolison's case, if he had half a beer, his normal faculties would not be impaired. Thus, he would not be driving under the influence. He would also be below Florida's legal limit of 0.08 blood alcohol level. However, he would be reprimanded and maybe fired from his position with the Jacksonville Sheriff's Office. Therefore, he did not refuse the blood draw because he was guilty of Driving Under the Influence (DUI) in St. Johns County, Florida. It is logical to believe that he refused the test due to the fear of losing his job if even trace amounts of alcohol were found in his blood.

Every St. Johns County DUI case is different. The facts are different and the defenses will vary. It is important to discuss to discuss a DUI case with a Florida Driving Under the Influence Lawyer.

Jacksonville Police Officer, Michael E. Rolison, declined to take a blood test after being involved in a car accident. Officer Rolison of the Jacksonville Sheriff's Office was driving home in his patrol car "when he was involved in the wreck on Greenbriar Road in St. Johns County, according to the Florida Highway Patrol." According to the Florida Times Union (Jacksonville.com), the Florida Highway Patrol found that he "was at fault when his westbound car crossed into the eastbound lane of Greenbriar and struck the front of a vehicle driven by Joshua Carter, 18, of St. Johns."

Both drivers were taken to the hospital for minor injuries. A Florida trooper asked Rolison for a blood sample, because he smelled alcohol on Rolison's breath. Rolison would not give a blood sample for blood alcohol content testing. Although Rolison did not give a blood sample, he may still face Driving Under the Influence (DUI) charges in St. Johns County, Florida. Therefore, it is important that he contact a St. Johns County Driving Under the Influence Attorney immediately. There are defenses to this charge (See Defense to Refusal for Jacksonville Police Officer's DUI Blood Draw Refusal).

In Jacksonville, the crime of driving under the influence (DUI) of alcohol or a controlled substance is usually a misdemeanor. It can be a felony under certain circumstances. A Jacksonville DUI is a felony if it involves death or serious bodily injury. Under these circumstances, a Jacksonville DUI criminal defendant will be facing a minimum prison sentence under the Florida Guidelines. A person arrested for DUI in Jacksonville can be charged with Felony Driving Under the Influence if he or she has 3 or more convictions for DUI.

As a Jacksonville DUI Lawyer, I have represented clients arrested for misdemeanor DUI and felony DUI and have tried several Jacksonville DUI cases. However, I have never seen a felony DUI case like this one. Billie Joe Madden avoided a DUI arrest by having someone else drive his vehicle. Still, he was arrested on felony charges. Instead of being arrested for DUI, he "was arrested and charged with two counts of child desertion, parent allowing a minor to drive, open container and two counts of no child restraint and no seat belt" (News4jax.com). Police officers "said Madden told them he was intoxicated, and fell asleep while his son drove" and his 4-year-old daughter sat in the back seat.

On May 21, 2011, Florida Highway Patrol (FHP) arrested Pedro Terrero Leyva for Florida Driving Under the Influence (DUI) causing serious bodily injury, careless driving, and having an open container. Leyva has been accused of hitting an off-duty Florida Deputy, Gary Lee Edwards, and causing a crash that seriously injured Edwards. He was taken to Shands hospital. Since Leyva was charged with Floirda DUI Causing Serious Bodily Injury, he was facing the penalties of a third-degree felony which is punishable by up to five years in prison (See Suwannee Co. Deputy Hurt in Crash).

However, Leyva will face a larger Florida sentencing range. Edwards died at Shands hospital (See FHP: Deputy Hit By DUI Driver Dies). The State Attorney's Office will likely charge him with Florida DUI Manslaughter, a second-degree felony. In Florida, a second-degree felony is punishable by up to 15 years in prison.

If you have been charged with DUI in Jacksonville, Florida or the surrounding counties, contact Cynthia Veintemillas, a Jacksonville DUI Lawyer, to discuss your case.

This Friday night, the Jacksonville Sheriff's Office will be conducting a DUI inspection of vehicles (Jacksonville DUI Checkpoint). Jacksonville First Coast News reports that "the safety checkpoint will last for four hours in the 7000 block of Powers Avenue -- between University and Old Kings -- Friday night starting at 9:30." Under Florida law, it is well-established that Jacksonville DUI checkpoints must have and follow sufficient guidelines. If this does not occur, the stop may be invalid (Read Florida Court Rules on DUI Checkpoint and Road Block Case and Jacksonville Roadblocks: Are DUI Checkpoints Legal?).

The Florida Fifth District Court of Appeals heard a Florida DUI appeal and ruled that the stop of the driver was valid. In State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA March 10, 2011), the trial court granted the Florida DUI defendant's motion to suppress evidence that was seized during a Florida DUI traffic stop.

The police officers saw the car stopped at 4:00 a.m. at a four-way stop for 20 minutes. The driver, Gentry, had his head down. When an officer tried to approach the vehicle, Gentry tried to drive off. Officers followed him and pulled him over. They held him the back of the patrol car when they determined that he did not have a valid license. Police officers searched the car, found drugs, and confirmed that the car was stolen.

The Florida appellate court ruled that an officer is justified in stopping a vehicle to determine the reason for the vehicle's unusual operation. If an officer observes a vehicle operating in an unusual manner, there may be justification for a stop even when there is no violation of vehicular regulations and no citation is issued. The officer may be determining if the driver is ill, tired, or driving under the influence. In this Florida DUI case, the Florida court held that the officer's suspicion that Gentry was impaired or ill was reasonable and justified the stop. Since the car was stolen, Gentry did not possess standing to challenge the search of the vehicle (Read Search of a Stolen Car in Jacksonville Vehicle Theft Cases).