Articles Posted in DUI / BUI – Drunk Driving

In most situations, bad driving gets you a traffic ticket. However, for some driving offenses, traffic tickets are not enough as far as the law is concerned. You can be arrested for being a bad driver. Recently, a woman was arrested in Virginia after being caught driving over 90 mph on three separate occasions within an hour. The third time she was stopped, Kai Kitchen was arrested for reckless driving.

Reckless drivingFlorida has its own version of reckless driving.  Florida Statute 316.192 states, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”  Reckless driving is a criminal offense that can lead to jail, even prison in some cases, depending on whether it’s the first conviction or whether there are injuries or property damage.  Reckless driving is deemed more serious than simple careless driving.  Careless driving leads to a civil citation and is defined in Florida Statute 316.1925, which states, “Any person operating a vehicle upon the streets or highways within the state shall drive the [vehicle] in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.”

Reckless driving can be punished more severely, because it looks at situations where the driver is actively doing something that can be dangerous, while careless driving is more like being absent minded while driving.  Causing property damage, an injury, or even a death while driving carelessly isn’t a criminal offense, but doing either while driving recklessly can result in a stiff punishment.

How to Receive a Temporary Driving Permit after a DUI in Florida.

In Florida, a person arrested for a DUI must face two separate cases: an administrative case and a criminal court case. While most people are familiar with the criminal consequences a DUI brings, there is also an important administrative process dealing with the person’s driver license.

When someone is arrested on suspicion of DUI, the arresting officer will normally take the driver’s license, which results in an immediate suspension of driving privileges. If the driver takes a breath test, and fails, the driver’s license will be suspended for 6 months. If you refuse a chemical test (such as a blood, breath or urine test) for the first time, the driver’s license will be suspended for one year. If the driver has previously refused a chemical test the suspension lasts 18 months.

Lawyer DUI setup: The Florida Bar alleges Three Florida Attorneys set up opposing counsel with a DUI.  The Florida Bar has finished up its case today in an ethics trial against three Florida attorneys accused of using a Tampa police officer and an office paralegal to set up a rival attorney with a DUI in an attempt to derail the case.  The alleged setup stems from a defamation trial two years ago that pitted two morning radio shock jocks against each other. So far this case has engrossed the local legal community with the accusations of dirty scheming and flirtation to win the case.

844621_speed_1The Florida Bar supports the version of events as told by attorney Phil Campbell. Campbell was charged with a DUI two years ago. He alleges that attorneys Adam Filthaut, Robert Adams, and Stephen Diaco orchestrated his DUI charge by using an office paralegal and a local police officer to derail the trial.

The alleged event occurred in January 2013, when the three attorneys represented the well known radio host Bubba The Love Sponge Clem in a defamation lawsuit brought by a rival radio personality, Todd Schnitt. Schnitt claimed Bubba made derogatory remarks about him and his wife on his radio show and induced his fans to harass him.

A criminal defense attorney’s worst enemy is a confession, whether in writing or one that is video taped. As a Jacksonville criminal defense lawyer, I’ve had my share of clients confess to crimes, even after they had been warned and told that they have the right to remain silent. At least these confessions came while they were being interrogated by trained detectives. I am completely baffled by the number of people that use social media to “confess” to criminal offenses by posting statements, and the ultimate confession… posting videos of themselves committing the crimes.

A teenager in Oregon was arrested after he made a Facebook post concerning a crash that occurred while the teen was driving under the influence, according to abcnews.go.com. The teenager posted, “Drivin drunk… classsic 😉 but to whoever’s vehicle i hit i am sorry. :P”. After the messages were sent to the local police station, the teen was arrested for hitting two parked cars, but not for DUI.

140908_capture-1046263-m.jpgNydailynews.com reported that Facebook also led to a North Carolina mother’s arrest after a video was posted on her son’s Facebook page. The video showed the teen’s mother helping him attempt the “fire challenge“. The forty-one year old mother was arrested for Contributing to the Delinquency of a Minor after her son had to be treated for the burns he received while attempting the challenge.
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Driving Under the Influence or (DUI) is a crime that knows no bounds and affects everyone from ordinary citizens, politicians, celebrities and athletes alike. Almost all of us know or have known someone who has driven under the influence of alcohol at some point in his or her life. Driving under the Influence is a type of crime that does not discriminate on who you are in order for you to be arrested or commit the offense. As a matter of fact, we often hear of famous people committing these crimes, nationally the list of celebrities charged with the offense is substantial. Celebrities such as Paris Hilton, Charles Barkley, Heather Locklear, FloRida, Kiefer Sutherland, and the list goes on.

So what does Driving Under the Influence (DUI) mean? In Florida if you have a blood-alcohol level of .08 percent or more and operate a motor vehicle, you are considered to be driving under the influence of alcohol and you will be arrested. So what does .08 mean and how much do I have to drink to reach .08?

That is where the problem lies. Your blood alcohol level is affected by many factors besides the amount of alcohol you consume. Factors such as your gender, how much you weigh, whether or not you take prescription drugs, how long it takes you to consume the alcohol and whether you drink on an empty stomach or have eaten a full meal, all contribute to your body’s blood alcohol level. The only way to be truly safe is not to consume alcohol at all, which can be difficult given our culture of happy hours and bars.
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Jacksonville Criminal LawyerChildren and Adults, alike, look up to and aspire to famous Actors and Actresses. But, when their good name is pulled through the mud, we all begin to question how innocent are these movie stars anyway. One recent example is Amanda Bynes who made her fame and fortune on the Nickelodeon channel programming. She just recently had her driver’s license revoked by the State of California following three (3) alleged driving related incidents.

Her first incident stemmed from a collision with a police cruiser in April of this year. She was subsequently charged with DUI, but has rebutted all allegations that she was “under the influence.” Bynes went as far as to tweet President Obama, “..I don’t drink…” Her other two incidents are cases of hit-and-runs but she also denies any wrongdoing.

Although a California case, her same issues are relevant here in Jacksonville as well. As a Jacksonville Criminal Attorney, clients come to me with all sort of driving issues and I work diligently to correct any wrongs and get the best possible outcome, given the circumstances. In Florida, if you incur too many points or three or more citations for driving on a suspended or revoked license within 5 years you could be labeled HTO. As a HTO your license is suspended for 4 years! However, as a Jacksonville Criminal Attorney I can review your driving history and determine where I can provide assistance and fight to get your license reinstated.

Jacksonville Criminal AttorneyDo you have a not so perfect driving record? Have you been cited or arrested for driving without a license or when your license is revoked? Have you accrued too many points on your license for it to be valid? Have you received notice that you are labeled as a Habitual Traffic Offender and therefore will have your license revoked for four (4) years? If you answered “yes” to any of the prior questions, the assistance and guidance of a Jacksonville Criminal Attorney may be right for you. I can review you driving record, determine how to proceed forward, and fight to get your license back!

There are a few different events that can lead to HTO status, all of which must occur within a five-year period. The most common is to have three offenses of driving while license is suspended or revoked. It is important to remember that this includes convictions as well as cases where withheld adjudication. Some people make the mistake of believing that because adjudication was withheld and no conviction occurred that these cases are not counted when it comes to determining whether someone is should is a HTO. The HTO sentencing guidelines do examine how many points your license has, they count your convictions and withholds instead. Further, no distinction is made as to whether or not you “knowingly” drove while your license was suspended or not.

HTO status lasts for five years and requires the Department of Highway Safety and Motor Vehicles (DMV) to revoke your license, but there are things that may be done to get you back on the road. After sufficient time and class work, a hardship license may be issued to allow you some right to drive, but with restrictions. After the five year revocation is over, you must petition the DMV to have your license reinstated. A hearing may be required to determine whether or not your reinstatement can be granted or if you should have an alternative, restricted license.

Jacksonville Criminal LawyerIn Florida, anyone accused of committing a felony is permitted to take depositions of the prosecution’s witnesses. On misdemeanor charges the judge has to decide if there is a good reason to allow depositions before they will go forward. The judge can even allow depositions of people not listed as witnesses if it is proven that they have something relevant to say about the charges or the defense.

Depositions are part of the discovery process, which is the process by which the parties in criminal cases gather facts about the case from each other. The deposition itself is like a question and answer session that is being recorded by a court reporter. The defense lawyer can ask pretty much any question that could get to information that would help the defense theory or help impeach the witness and this is a pretty big umbrella.

Depositions are very useful for many reasons; to get the witness’s story on the record so they can’t change it later, to find out more information about the witness, to find holes in the prosecutions case and to let everyone know you are serious about defending the case.

Jacksonville Criminal AttorneyAccording to a recent report on Yahoo, a civil rights group is trying to turn the tables on the police. The New Jersey Branch of the Americans Civil Liberties Union (ACLU) has created a new app that will allow users to discreetly monitor and record police activity. The mobile phone program is designed to hold police officers accountable for their behavior while interacting with the public.

The app, dubbed “Police Tape,” allows people to securely and inconspicuously record interactions with police officers. Currently the app is only available on Android devices, but another version for the iPhone will be released later in the summer. The ACLU says the device will act as a critical tool for monitoring the actions of law enforcement officers.

The ACLU’s New Jersey executive director, Deborah Jacobs, said, “Too often, incidents of serious misconduct go unreported because citizens don’t feel that they will be believed.” She says this app should go a long way to remedying that worry.

Jacksonville Criminal AttorneyLast week Clay County Sheriff’s Office conducted a DUI Check point that resulted in 22 being arrested and jailed. The arrests were not just for DUI, but for numerous other offenses. Don’t become a statistic; do NOT drink and drive.

As Jacksonville heads out into this weekend, beware of JSO activity and roadblocks that may be in place. However, the best policy is not to drink or drive. Unfortunately, some Jacksonville motorist decide they are “good” and when they are caught by police, you should call a Jacksonville Criminal Attorney to represent your best interests in Court. The sooner I get involved the more time I have to mitigate the offense and speak with the State.

The DUI standard in Florida is .08 BAC. That is a very low standard and most people do not “feel” the effects of alcohol at that level. However, you could still be arrested. As a Jacksonville Criminal Lawyer, I advise everyone if you are going to drink do not drive. Get a Designated Driver, Stay at that Location, Take a Cab, or Get a Hotel Room.

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