Florida DUI Traffic Ticket Lawyer Blog

For most of us in Florida the idea of driving around with an open container of alcohol in our cars is nothing more than a Florida DUI arrest waiting to happen. It has been many years since Floridians could drive around town with an open can of beer or a drink in a plastic cup. That isn’t the case in Montana though. Up until 2005 it was still legal to drink and drive in Montana despite the fact that Montana ranked near the top of per capita drunk driving deaths.

A recent DUI crash that took the life of a highway patrolman might finally be the catalyst for Montana to catch up with the rest of the nation when it comes to DUI penalties. According to an article on Fox News’ website, Montana’s anti-government attitude, lack of public transportation, isolated roads and a saloon era mentality toward drinking has added up to a deadly combination as far as drinking and driving is concerned. It is still common to see bars offer to go cups to patrons before they hit the road.

Continue reading "DUI News – Open Container Laws First And Now Stiffer DUI Penalties May Finally Be Coming To Montana" »

A Tampa city worker is under arrest for allegedly hitting a teenager while driving under the influence of alcohol. Both the Tampa Tribune and St. Pete Times are carrying stories about 47-year-old Richard Anthony Stephens, who according to both newspapers is a City of Tampa employee with the public works department.

There are conflicting reports on the age of the victim but all reports seem to concur that the teenager is most likely going to recover from the drunk driving accident. Camena Wiltshire was walking on the side of 17th Street with a friend when she was allegedly hit by Stephens’ car. She was thrown against the windshield and taken to St. Joseph’s hospital. Her injuries were listed as non-life threatening.

Continue reading "Tampa DUI News – Tampa Teenager Hit By Alleged Drunk Driver" »

The woman responsible for causing a fatal crash on Tampa’s Crosstown Expressway pled guilty to DUI manslaughter charges Wednesday and will now await her DUI sentence, which will be handed down October 27. Cheryl Riemann has now admitted to killing Jennifer O’Boyle and seriously injuring then-4-year-old Summer Moll. The young girl has spent most of the last two years since the crash undergoing surgeries and treatment for her injuries.

Continue reading "Tampa DUI News – Driver In Fatal Crash On Crosstown Pleads Guilty To DUI Manslaughter Charges" »

Ronald Judson Smith received a DUI sentence of 30 years for causing the death of a 7-year old girl in a drunk driving accident that took place in 2009. The Port Charlotte man was sentenced Tuesday following a denial for a new trial. Smith was convicted in April of seven charges including driving on a suspended license from a previous DUI.

Smith was accused of being drunk when he ran a red light on Toledo Blade Blvd. and State Road 776. He slammed his truck into a Ford Mustang carrying a father and his two daughters. Sarah-Dian Heineman, her father Rick Heineman and her sister Madison were all hospitalized following the crash. Sarah died ten days later.

Smith was seen throwing beer cans from his truck the night of the fatal accident and investigators also found prescription painkillers near the scene of the accident as well. His blood test results showed traces of marijuana, Xanax and oxycodone at the time of the accident. Smith blamed the brakes on his pick-up truck for being the culprit in his accident but a jury didn’t seem to buy his reasoning considering the guilty verdict.

Smith and his Florida DUI lawyer tried to get the judge to throw out the conviction and grant the man a new trial. They claimed Smith was detained with excessive force and that officers didn’t fully report details about an odor of alcohol on Smith. That request for a new trial was denied on Monday.

On top of the 30 year DUI prison sentence the judge handed down, Smith also received a lifetime license revocation. Smith is 25-years old and his DUI penalties could keep him in jail until he is in his fifties.

A 19-year-old girl in Okaloosa County was arrested for popping open a Steel Reserve beer in the back of an Okaloosa County Sheriff’s cruiser. The teenager was getting a ride to her Fort Walton Beach home after her friend was arrested for a DUI when she decided she wasn’t done drinking for the night.

According to a report on the website TheSmokingGun.com, Tasha Lee Cantrell was the passenger in the car belonging to the person arrested for drunk driving. While her friend’s car was being impounded, Cantrell asked Sheriff’s Deputy Mitchell Landis for a ride home. He agreed. During the trip to her Fort Walton home he heard the teen open a can and then saw her drinking from it. He investigated and found that the can was Steel Reserve and then headed to the sheriff’s office to charge the girl with underage drinking.

Miami Heat forward Dorell Wright was suspended two games earlier this month after he was arrested for DUI in Miami. He also was driving with a suspended license. Now there is more bad press for the NBA player as a nude photo of him has surfaced on the Internet and been forwarded around via Twitter.

Wright issued an apology through the team saying the photo came from a private Internet chat where someone apparently captured the image from the screen. The person who circulated the photo apparently put it out for public consumption after Wright’s girlfriend commented about how great she thought the father of her child is. According to the Miami Herald Wright is the third NBA player to have nude photos surface on the Internet.

According to mysuncoast.com, a 19-year-old Lee County driver has been charged with drunk driving following an incident in Bonita Springs in which he allegedly rear-ended a bus at a railroad crossing. Lee County Sheriffs report Corey David Craft not only ran into the back of the bus he continued to accelerate until he wedged his car under the back of the bus.

Deputies arrived on the scene and started to give Craft field sobriety tests before determining the teen was unable to stand and stopping those exercises. He was then given a breath test but according to the report on mysuncoastnews.com the results were negligible. Craft then agreed to a urinalysis after a drug recognition expert was called to start a DUI drug investigation.

Jesse Perez didn’t remember much of his drive on U.S. 19 early Thursday morning according to police reports. The 50-year-old apparently had no recollection that he almost hit a police car or hit the median a couple times. There seems to be a good reason for that according to police and a woman who was in the car with Perez. The witness claims Perez was driving drunk and he was on Xanax.

Perez denied the accusations but did admit to having a few beers and mixed drinks. He said he had no idea who owned the Xanax and marijuana police found after searching the car. The officers arresting him didn’t seem to buy that story and charged Perez with DUI, possession of marijuana, possession of a controlled substance without a prescription, possession of drug paraphernalia and possession of a controlled substance. He was booked into Land O’ Lakes Jail on $4,300 bail.

Dwight Gooden has had his share off run-ins with the law. The former NY Mets pitcher has been arrested in Tampa four times including two Tampa DUI charges. He is now facing DUI drug charges in New Jersey following a car crash Tuesday. The Tampa native has tested positive for cocaine twice while in the Major Leagues and he was almost sent to prison in 2006 for a probation violation.

The Tampa native was released from jail on his own recognizance despite the DUI charges. Gooden was also charged with traffic violations, endangering a child and leaving the scene of an accident. There was a child in his vehicle at the time of the crash. The article on TBO.com mentions that it is not known if Gooden has a criminal defense attorney representing him on these charges.

Two professional athletes with ties to the state of Florida were charged with driving under the influence this past weekend. Miami Dolphin running back Ronnie Brown and a Baltimore Oriole pitcher in Sarasota, FL for spring training have both been charged with DUI. Brown received his drunk driving charges in Georgia according to the Miami Herald while Baltimore pitcher Eric DuBose was cited for a DUI in Sarasota.

According to newspaper reports, the two professional athletes received their DUI citations to bookend the past weekend. Brown was charged Friday night in Cartersville, GA. He was pulled over for an illegal lane change and then performed poorly on a field sobriety test. DuBose was arrested in Sarasota early Monday morning. He was pulled over after swerving into oncoming traffic and then almost rear-ending a car.

Last week we reported in our blog that the Ocoee Police Department and numerous other agencies including the Orlando Police Department and Orange County Sheriff’s office would be conducting a DUI checkpoint over the weekend. It seems not everyone was reading our blog. Twenty people were arrested on charges of DUI, 10 others were arrested on other charges and numerous Florida traffic tickets were handed out as well.

The Orlando Sentinel reports that one man tried to escape the checkpoint by accelerating and attempting to get on Florida’s Turnpike before crashing. The man abandoned his car and tried to escape on foot. He was caught and arrested after officers found three pounds of marijuana in his car. There were nearly 150 people working the checkpoint including MADD volunteers.

Not only was Miami Heat forward Dorell Wright driving with a suspended license but he was allegedly doing it while drunk. Wright was arrested early Thursday morning by Miami Beach police and charged with DUI according to the Miami Herald. Wright was pulled over on Alton road for speeding.

According to the Herald report, Wright refused field sobriety tests and knew he was driving with a suspended license. The officer reported that Wright showed all the signs police usually site in DUI arrests. He wrote that the Heat forward had slurred speech, smelled of alcohol and red eyes.

Three people, two of whom were police officers, were hospitalized after a low-speed chase through the streets of Clearwater. Jonathan James Thomas-Clark was arrested on charges of DUI, aggravated fleeing and eluding, resisting arrest without violence, felony driving with license suspended, aggravated assault on a law enforcement officer and tampering with evidence once he was eventually stopped. Another man in the car was also charged.

The chase began when Thomas-Clark’s Cobalt was traveling slowly with an unassigned tag. Officers felt the driving pattern indicated the driver was under the influence. Police attempted to stop the car by pulling in front of it but the Cobalt rammed into the cruiser and kept going. The officers were not seriously injured during the chase.

Sunday Ronald Jodwalis was arrested for DUI after police observed him eating the wrapper of a sandwich and stumbling around with a reported blood-alcohol level of 0.31, nearly four times what is considered legal in Florida. On Tuesday he was back teaching at Venice Middle School. The fourth drunk driving arrest for the 52-year-old has not kept him from working but failing to report a previous DUI arrest may cost him his job.

According to the Sarasota Herald Tribune the Department of Education is looking into whether or not Jodwalis reported a 2009 DUI conviction. Failure to report an arrest is more damaging to a school employee’s job status than the arrest itself many times. Just recently a teacher’s aide was fired for not reporting her arrest on charges of drug possession and DUI.

St. Petersburg is considering extending closing times at its bars from 2:00 a.m. to 3:00 a.m. to help the city compete with Tampa’s thriving nightlife. One concern voiced at yesterday’s City Council meeting was the threat of more incidents of drunk driving if Pinellas bars stay open later. The sheriff’s department has already eliminated the DUI unit due to budget cuts.

Police chief Chuck Harmon was concerned about drunk drivers and expressed that at a committee meeting according to My Fox Tampa Bay. Harmon felt that if St Pete acted alone it would create problems that wouldn’t occur if all the bars in Pinellas and surrounding hours extended their closing times. Under the current proposal the number of people leaving a bar that closes at 2:00 to get to one that closes at 3:00 can dramatically increase the number of drunk drivers on St Petersburg roads.

Just before the trial of Matthew Scott Hall was set to get underway Wednesday in a community outside of Orlando, Florida, the 25-year-old pled guilty to DUI manslaughter for a drunk driving accident that took the life of his best friend. Unlike most DUI trials that involve a death, this plea agreement was met with open arms by the victim’s family who hugged the defendant following the announcement of the plea.

Hall had a blood-alcohol level of 0.15 following a night out at an Orlando bar near the UCF campus. He was driving with his best friend Christopher Avery of Altamonte Springs who was 19-years-old. Hall was said to have been speeding at 85 MPH in a 30 MPH zone when he crashed his Dodge Charger killing his best friend. Hall has remained close with Avery’s family since the fatal accident.

Continue reading "Man Pleads To DUI Manslaughter And Gets Seven Years In Jail, Hugs From Victim’s Family" »

Parrish resident April Canfield was fired from her job as a teacher’s aide at Lincoln Middle School in Manatee County Monday night. School board members approved her dismissal for not reporting a drunk driving arrest that also included a charge of prescription drug fraud. The 30-year-old’s case is ongoing in Sarasota County.

According to the HeraldTribune.com Canfield was arrested driving on I-75 in Sarasota County for DUI. During the traffic stop police discovered she was in possession of a prescription drug that did not belong to her. School employees are required to report arrests. Had she reported the arrest and went on to be convicted, she would have served just a five-day suspension.

Continue reading "DUI And Prescription Fraud End The Career Of Manatee County Teacher’s Aide" »

The North Port deputy fire chief who was arrested for driving drunk on I-75 Friday has resigned his position with the fire department. David Quaderer was arrested for DUI early Friday morning in a department issued vehicle. According to the Sarasota Herald Tribune Quaderer refused a breath test and also refused to perform field sobriety tests.

The newspaper is reporting that Quaderer resigned in a two-sentence letter that referred to recent events. The resignation letter was turned in to Chief William Taaffe. The former deputy fire chief had worked for the department since 2006. According to arrest reports he repeatedly asked police officers for professional courtesy at the time of his DUI stop.

Continue reading "DUI Arrest Causes North Port Deputy Fire Chief To Resign" »

Ashley East was sentenced to 25-years in jail for a DUI crash that killed a 23-year-old soldier and almost took the life of his wife as well. East, who is just 26-years-old, pled no contest to charges of DUI manslaughter, driving without a license and causing serious injury or death, leaving the scene of an accident with death, leaving the scene of an accident with injury and multiple other charges surrounding the North Fort Myers hit-and-run accident that took place in December of 2007.

East was given credit for two years already served and when she leaves jail she will have to pay $70,000 in restitution, spend five years on probation and she will never be allowed to have a driver’s license again. The tragic collision took place after East shared a 123-pack of beer with her friends. Her blood-alcohol level measured 0.089, just above the legal limit of 0.08. According to toxicology reports she also had marijuana and other drugs in her system as reported by the News-Press.com.

Continue reading "Florida Woman Sentenced To 25 Years For Killing Soldier In DUI Crash" »

Denise Rutledge of Flagler Beach was arrested for DUI outside of the Flagler County jail. The 45-year-old had a visitation scheduled but showed up at the jail late and demanded a conjugal visit, which is not allowed at this particular facility. Guards at the jail felt the woman may be driving drunk and alerted sheriff’s deputies.

When deputies arrived at the jail in Bunnell, Florida they found Rutledge in her car and asked her to perform field sobriety tests. She also took a breath test and reportedly had a blood-alcohol level of 0.256, which is more than three times the legal limit. She was charged and later released on $500 bail.

Continue reading "Florida Woman Visits Jail, Demands Conjugal Visit And Is Then Arrested For A DUI" »

Robert Marlon Walker was arrested outside of Orlando, Florida following a four-month investigation into a traffic accident that took the life of a bicyclist. The Umatilla man volunteered to have his blood tested at the scene of the September accident and his blood-alcohol level was reported to be more than twice the legal limit. He was charged with DUI manslaughter for killing 49-year-old Laura Ann Ugolini.

Walker claimed that the accident was caused by a morning sun that was so bright it had him holding up his hand to block out the glare. It was at that point he ran over the bicyclist. He also allegedly had drank 5-6 beers the night before the accident and toxicology reports show there was marijuana in his system according to the Orlando Sentinel. A witness to the accident said Walker made a U-turn to go back to the scene of the accident and asked the woman to call 911. She also did tell the Troopers that the sun was very bright that morning. Walker faces up to 15 years in prison on the second-degree felony charge.

Continue reading "Florida Man Charged With DUI Manslaughter After Five Or Six Beers The Night Before A Deadly Crash" »

One of the best ways to land in jail on drunk driving charges is to stumble out of your car after the police stop you and then puke during the DUI investigation. Apparently that is what happened during a Pasco County DUI stop this week. According to a story on TampaBay.com, a 36-year-old Zephyrhills man was weaving on I-275. After he was stopped he claimed that he doesn’t drink or do drugs. The Florida Highway Patrol reports that following his proclamation the man threw-up on his car.

Reports state the Michael Majesky was unable to stand without falling upon exiting the car after the traffic stop. He refused a breath test and was charged with DUI. Majesky has a criminal record that includes battery on a law enforcement officer, aggravated assault with a weapon, escape and grand theft. He is currently on supervised release from jail.

Continue reading "Driver Pulled Over In Pasco County For DUI Proclaims His Innocence Right Before Puking On His Car" »

The National Motorists Association Foundation (NMAF) recently sent out an email warning America’s drivers of the dangers of having a bad driving record. While many motorists are still unaware of the damage points can have on insurance costs the NMAF even went a step further in their newsletter. The NMAF warns truck drivers that just a few citations could cause them to lose their job and maybe not be able to find a new one.

The release details how serious traffic violations like reckless driving, DUI or serious at-fault traffic accidents can stay on your record for a decade or more and in some states forever. Bad driving records will absolutely raise your car insurance rates but according to the NMAF those troubled records can show up on background checks when you apply for a job, rental property, life insurance or loans and credit cards.

Bad driving records can affect you in ways you haven’t even thought about years down the road. A DUI conviction on your record could stop you from entering Canada as that country does not allow DUI “criminals” to cross their border. That vacation, fishing trip or sight-seeing jaunt you planned with your wife can be derailed for something you did before the two of you ever met. If you have a bad driving record it can cause a professional license to be revoked or kill a scholarship you have earned. So if you have ever thought about just paying a traffic ticket rather than fighting the citation, keep the NMAF’s advice in mind.

Joshua Harris was arrested in Pinellas County last night following a traffic accident with a police cruiser. The 32-year-old St. Petersburg resident apparently rolled through a stop sign in Lealman and crashed into a police cruiser according to a story on TampaBay.com. Following the car accident Harris attempted to leave the scene but he was quickly caught.

The accident occurred just after 6:00 p.m. and took place at 54th Avenue N. and 39th Street. Investigators think alcohol may have been involved in the accident that sent both men to the hospital. Harris has been charged with leaving the scene of an accident and driving without a valid license. He also had outstanding warrants for obstructing justice and dealing in stolen property. He has not been charged with DUI at this point.

If you have been involved in a traffic accident and then charged with a crime in St. Petersburg or Pinellas County and need qualified legal representation, please do not hesitate to contact St. Petersburg Criminal Defense Attorney Stephen Higgins at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter or visit our website FightYourPinellasArrest.com. Also you can contact Stephen via email or by stopping our Clearwater office located at 4500 140th Ave. N Suite #203.

Chad Zeeman and Matt Pouk competed for the same position on the Charlotte High football team yet the pair formed a friendship. That friendship had the two together heading to a party just after midnight on September 19. The truck Zeeman was driving that night was involved in a crash that left Polk dead at the scene. According to the Sarasota Herald-Tribune Zeeman was charged with DUI manslaughter in the 19-year-olds death yesterday.

According to the story the Florida Highway Patrol is reporting that Zeeman’s blood alcohol level was above the legal limit testing at 0.113 and at that point a warrant was issued for his arrest. He was taken to Charlotte County jail and released on $26,000 bail.

If you have been charged with a DUI in Florida, please do not hesitate to contact DUI Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourDUI.com to discuss the matter. Also you can contact David via email or by stopping in any of our four Florida law offices located in Tampa, Clearwater, Sarasota or Orlando.

According to police Thomas Stockton Corbin was driving drunk during the late evening hours on September 24. He was on Gulf to Bay Blvd. when he slammed into the back of a car waiting at an intersection light. Now the St. Petersburg Times is reporting that Corbin has been charged with DUI manslaughter and DUI causing serious bodily injury.

The car crash killed 23-year-old Maxwell Limonick who was sitting in the backseat. It also sent the two front seat occupants to the hospital with non-life threatening injuries. Corbin’s blood alcohol level is being reported to have been 0.20, which is more than twice the legal limit in Florida.

If you have been charged with a felony DUI in St. Petersburg, Clearwater or anywhere in Pinellas County, please do not hesitate to contact Pinellas DUI Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourPinellasArrest.com to discuss the matter. Also you can contact David via email or by stopping in our Pinellas office located at 4500 140th Ave. North #203.

The St. Petersburg Times is reporting that the two people who died in a high-speed motorcycle accident are both residents of Clearwater. Daniel Rivers and Starr Knotek were thrown from a 2004 Suzuki motorcycle while speeding around a curve and losing control of the bike.

According to police reports Knotek was pronounced dead at the scene and Rivers was taken to the hospital where he died. While police are blaming the high-speed as a cause in the accident, they are also investigating the possibility of DUI playing a role.

If you have been charged with a DUI in St. Petersburg, Clearwater or anywhere in Pinellas County, please do not hesitate to contact DUI Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourPinellasArrest.com to discuss the matter. Also you can contact David via email or by stopping in our Pinellas office located at 4500 140th Ave. North #203.

Almino Munoz has a long list of arrests in Hillsborough County and now according to TampaBay.com the 48-year-old is in trouble again. According to police reports Munoz was arrested early Sunday after leading police on a chase in a stolen truck full of stolen items. The 48-year-old allegedly stole the truck from a woman he knew.

Munoz has previously been arrested in Hillsborough County on charges of domestic violence battery, DUI, driving without a license, aggravated battery and petty theft among others. Now he is being charged with reckless driving, driving without a license, resisting arrest, burglary, violation of probation and grand theft.

If you have been arrested in Tampa and need qualified legal representation, please do not hesitate to contact experienced Defense Attorney Stephen Higgins at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter or visit our website FightYourFelony.com. You can also contact Stephen via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Thousands of residents in Polk County were without power early Sunday morning and now they know why. Apparently 28-year-old Luke Huber crashed his car into a power pole on Old Polk City Road and State Road 33. That caused an estimated 3,500 residents to lose their power for much of the day. It was eventually restored around 9:00 p.m.

According to Bay News 9 Huber has now been arrested and charged with DUI. He was booked into Polk County Jail with one count of driving under the influence. It took utility crews more than 15 hours to get the power pole fixed following the single car accident.

If you have been charged with a DUI in Polk County, please do not hesitate to contact DUI Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourPolkDUI.com to discuss the matter. Also you can contact David via email or by stopping in any of our four central Florida offices.

An investigation is underway into the death of 38-year-old Robert Miller. The Seminole man died following a stay in the Pinellas County jail after an October 2 arrest for DUI, trafficking in oxycodone and doctor shopping. Miller was being held at Largo Medical Center since October 10 after spending time in the jail’s medical facility due to undisclosed medical conditions as reported on TampaBay.com.

According to the article Miller was taken to Largo Medical Center after being found unresponsive by jail staffers more than a week after he was booked into Pinellas County jail. Miller was released from custody while hospitalized for some reason according to a sheriff’s spokesperson. According to records, this was Miller’s fourth arrest for DUI.

If you have been charged with a DUI or any crime in St. Petersburg, Clearwater or anywhere in Pinellas County, please do not hesitate to contact Pinellas DUI Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourPinellasArrest.com to discuss the matter. Also you can contact David via email or by stopping in our Pinellas office located at 4500 140th Ave. North #203.

Spring Hill’s Michael Sutton has been charged with reckless driving and driving while license suspended following a head-on collision with a school bus according to Hernando County Sheriffs and a story on TBO.com. Sutton may also be facing DUI charges as FHP awaits toxicology reports to determine whether the 33-year-old was under the influence.

According to the story Sutton and his passenger were both seriously injured and taken to local hospitals following the traffic accident. The bus, which was carrying 30 students, was hit at 3:30 p.m. by Sutton’s Toyota. No one was injured seriously on the school bus but some passengers were treated for minor injuries. The FHP had reports that Sutton was traveling at a high rate of speed and weaving on eastbound and westbound lanes before the crash.

If you have been cited for a traffic violation in Tampa Bay and need qualified legal representation, please do not hesitate to contact experienced Traffic Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter or visit our website FightYourTickets.com. Also you can contact David via email or by stopping in any of our four central Florida office locations.

Monday night a Tarpon Springs woman was run over and killed crossing the street at U.S. 19. On Wednesday Tarpon Springs Police identified the woman as 45-year-old Charlotte Boynton according to a story on TBO.com. She was struck while pushing a bicycle across the street at approximately 7:20 p.m.

Investigators are now trying to find the cause of the accident. They are reviewing witness accounts and evidence while awaiting toxicology reports to see if DUI was behind the fatal accident. No charges have been filed yet and the Tarpon Springs Police say none will until the investigation is complete.

If you have been cited for a DUI in Tampa Bay, please do not hesitate to contact DUI Defense Attorney Stephen Higgins at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourTampaDUI.com to discuss the matter. You can also contact Stephen via email or by stopping in any of four Florida offices.

A 3:00 a.m. traffic stop led to two arrests for Driving Under The Influence and Child Abuse and Neglect. The Ocala Star Banner first reported the story of the parents who were driving around very early Thursday morning with their baby in the backset, not restrained, while allegedly under the influence of alcohol. The young boy was uninjured but both the mother and father were arrested for DUI on top of the child abuse charges.

The young boy’s 25-year-old father and 20-year-old mother remained in Marion County jail as the child was released to his great-grandmother. Sheriff’s deputies pulled the couple over for driving erratically at a high rate of speed according to police reports. Jeremy Bryant had a blood-alcohol level at or below the legal limit but admitted to drinking and smoking crack cocaine that day. The couple had already been cited earlier that day for an open container violation and for having no driver license.

If you have been cited for a DUI in Tampa Bay please do not hesitate to contact DUI Defense Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourDUI.com to discuss the matter. You can also contact Darren via email or by stopping in any of four Florida offices.

In April 2007 Angela Stone lost her daughter to a drunk driver. Christopher Marcone, 27-years-old, is serving a 13-year prison sentence after he plead to DUI manslaughter and three other related counts. Yesterday the mother of the 13-year-old girl who lost her life received a $330 million jury verdict in a civil case brought against the DUI driver that killed her daughter according to a report on the website TampaBay.com. Six jurors took less than 60 minutes to rule Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages.

According to the article Stone and her lawyer filed the suit to send a message to those motorists who drive drunk and also to the automaker they have sued in Hillsborough County. Marcone had a blood-alcohol level of .207 that fateful night but Stone and her attorney don’t expect to receive any money from the man. They do also have a wrongful death suit pending against Kia Motors Corp. and a Tampa auto dealer claiming that the restraints in the car her daughter was in contributed to her death. Stone’s lawyer is expecting they will see more than this award from Kia Motors and the company will be able to pay.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourTampaDUI.com to discuss the matter. Also you can contact Darren via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

Joshua West is facing three felony counts after investigators and the state attorney decided to charge the 24-year-old who struck a Safety Harbor teenager last April. According to a report on 10connects.com, West is being charged with Driving Under the Influence causing serious bodily injury, driving without a license causing serious bodily injuries and leaving the scene of a crash with injury.

West is currently serving time in the Putnam County Correctional Institute for a violation of probation on an unrelated charge in Hillsborough County. Sheriff’s allege West struck 19-year-old Andrew Hall who was standing on a sidewalk. Hall lost his leg and is still in a hospital. He was nearly killed.

If you have been charged with a DUI crime in St. Petersburg, Clearwater or anywhere in Pinellas County, please do not hesitate to contact DUI Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourPinellasArrest.com to discuss the matter. Also you can contact David via email or by stopping in our Pinellas office located at 4500 140th Ave. North #203.

The Orlando Sentinel is reporting that Labor and Employment Lawyer James Gorman was arrested this week on DUI charges. The Orlando lawyer was arrested according to the Orange County Sheriff’s Office following an incident where four burglary suspects were being apprehended near Apopka. Apparently one of the four arrestees was a client of Brown’s and he was reportedly cursing at officers.

The University of North Carolina law school graduate is 64-years-old and he lives in Apopka. According to police reports Brown drove up to officers who were holding the four suspects and claimed to be the lawyer for one of the teens. The officer’s said Brown was close enough that they could smell alcohol on his breath. He was given field sobriety tests, which officers claim he failed.

If you have been cited for a DUI in Orlando, Seminole or Orange County please do not hesitate to contact DUI Defense Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) or online at FightYourOrlandoDUI.com to discuss the matter. Also feel free to stop by our Orlando office located at 189 S. Orange Avenue.

Charles Rogers, a former Detroit Lion and Michigan state star, has had his share of problems and despite telling ESPN that he was changing his life for the better, that doesn’t seem to be the case. The winner of the 2002 Biletnikoff Award, which is presented annually in Tallahassee, Florida, was charged with misdemeanor DUI and driving without a valid license. He was held on $50,000 bond at his arraignment and did not have an attorney present according to an ESPN report.

Rogers, now 28, was arrested following his refusal to take a breath test. According to reports Rogers was found behind the wheel of a 2003 Mercedes and was non-responsive. The car was running and in gear in a left turn lane. He has already served jail time for a domestic violence case.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) or online at fightyourtampadui.com to discuss the matter. Also you can contact Darren via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

Back in June a Tampa Day Care Center operator made the news when she was charged with child abuse in a case involving four children. The story became major news due to the fact that Dorothy Ann Sampson-Monroe had a spotty criminal history in the first place but was still licensed to run the Just For Kids day care center. According to an article on tbo.com the woman is back in trouble stemming from a DUI arrest in June.

Sampson-Monroe is accused of failing to appear in court on her DUI charge. She was arrested and then sent to jail on that charge and on her four counts of child abuse. She is being held on $10,000 bail. The state attorney has yet to file any charges on the child abuse allegations levied against the 48-year-old.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) or online at fightyourtampadui.com to discuss the matter. Also you can contact Darren via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

The Florida Highway Patrol participated in two major operations that both ended following Labor Day. The FHP participated in the national ‘Over The Limit. Under Arrest.’ campaign and their own ‘Be Smart, Drive Safe Florida’ campaign. With both programs now complete the FHP released figures for citations issued and arrests made. Those stats were reported in the Fort Meyers News Press.

According to the FHP in 18 days more than 57,000 traffic tickets were written and 540 DUI arrests were made. The agency said 20,000 drivers were cited for speeding and more than 2,200 were ticketed under Florida’s Move Over Law. That doesn’t include the more than 20,000 warnings that were issued. Although official numbers have not been released yet, it seems fatalities on Labor Day weekend dropped from 36 in 2008 to less than 10 in 2009.

If you have received a traffic ticket anywhere in Florida or been charged with a DUI, please do not hesitate to contact Florida Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter. Also you can contact David via email or by visiting our website at fightyourticket.com.

Earl Johnson is the principal at Turie T. Small Elementary School but you have to wonder how much longer he will hold that distinction. The 45-year-old was involved in an accident and then accused of Driving Under The Influence and resisting arrest without violence by the Daytona Beach Police. The Ormond Beach man is currently still the acting principal at the school according to the Orlando Sentinel.

Police reports say Johnson smelled strongly of alcohol and he had to hold on to vehicles to keep himself upright. They all say that the man kept telling police he was a principal and at one point he dropped to his knees to bow and worship the officers. Johnson refused to take field sobriety tests.

If you have been cited for a DUI in Orlando, Seminole or Orange County please do not hesitate to contact Orlando Criminal Defense Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) or online at fightyourorlandodui.com to discuss the matter. Also feel free to stop by our Orlando office located at 189 S. Orange Avenue.

According to the St. Petersburg Times, a 21-year old St. Petersburg man has been charged with driving under the influence, driving with a suspended license, reckless driving with property damage or injury and leaving the scene of a crash involving injury. Kevin Chaney is accused of running into a Pinellas Park Police cruiser parked on the side of the road and causing injuries to the officer and two paramedics who were attending to occupants from an earlier crash on U.S. 19.

Chaney was arrested at 5:30 a.m. Tuesday morning. According to police reports he was unable to perform field sobriety tests, had watery eyes and had a blood-alcohol level of 0.219 and 0.217, nearly three times the legal limit in the State of Florida. Witnesses say Chaney was speeding on U.S. 19 when he tried to pass a car and was swerving before running into the police car.

If you have been charged with a DUI in St. Petersburg, Clearwater or anywhere in Pinellas County, please do not hesitate to contact DUI Defense Attorney Darren Finebloom at 1-800-FIGHT-IT or online at fightyourpinellasarrest.com to discuss the matter. Also you can contact Darren via email or by stopping in our Pinellas office located at 4500 140th Ave. North #203.

A Hernando County man thought he was being responsible when he got on a bike instead of in a car after drinking too much. Robert Steudl left the Pickled Parrot bar and was pulled over close to 3:00 a.m. with a blood alcohol level reportedly three times the legal limit. His DUI arrest came just three hours after Oswaldo Davila was arrested for riding his bike while under the influence as well. That makes two DUI arrests for guys riding their bicycles while drunk in one evening!

The law does state that riding a bicycle with a blood alcohol level of 0.08 is illegal in Florida but the St. Petersburg Times who reported the story could not find a single arrest of this variety dating back to 1999. Steudl was arrested for DUI and held at Hernando County Jail in lieu of $10,000 bail. Davila faces DUI charges as well as refusal to sign a citation and refusal to submit to a breath test.

If you have been charged with a DUI in Pinellas, please do not hesitate to contact St. Petersburg DUI Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) or online at fightyourpinellasarrest.com to discuss the matter. Also you can contact David via email or by stopping in our Clearwater office located at 1400 140th Ave. North #203.

A former high school football coach in Tampa was arrested and charged with Driving Under the Influence in Tallahassee. Yusuf Shakir was booked for DUI by the Florida Highway Patrol at 6:00 a.m. and was released nearly three hours later after an FHP officer saw him speeding as he was driving 87 MPH in a 55 zone. (read more)

Shakir spent two season at Gibbs High School in Tampa leading the squad to an 11-9 record and a 2007 playoff appearance. He left to take over at Lincoln High in Tallahassee, which is his alma mater. The 31-year old has been suspended indefinitely from his coaching position.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney Darren Finebloom at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact Darren via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

Kevin Comny had his driver license suspended 17 years ago for a DUI and had been additionally charged with driving as a habitual offender and possession of a controlled substance. Things could be getting worse for the 46-year-old. Police in Hernando County pulled over Comny when his white van was spotted swerving. He did not initially stop for police but was eventually pulled over. (read more)

Upon being stopped, Comny was given field sobriety tests, which showed he was impaired according to the police. He was arrested and charged with DUI. Blood alcohol tests showed no alcohol in his system but deputies report they found prescription painkillers in his van.

If you have been charged with a drug-related DUI in Florida, please do not hesitate to contact Tampa DUI Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Lawyers are alleging that an FDLE employee who was fired for her handling of breath testing devices could have altered the accuracy of 79 machines used in Broward County DUI tests. Defense lawyers went to court to argue that Breathalyzer machines had been hand handled improperly and the results from those machines should not be admissible for evidence in 100’s of past and current cases. (read more)

The motion stems from FDLE employee Sandra Viega who was fired in October. Viega was responsible for certifying the accuracy of testing devices but when it looked like three devices in her control were going to fail inspection she shut them down. That resulted in her dismissal and according to defense lawyers put all the machines under her watch in doubt and all the cases that are dependent on those results in question as well. The judge is expected to rule on the motion shortly.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

The former vice president of Keiser College in St. Petersburg was killed Monday by a suspected DUI driver. Melvin Patton who now lives in Columbia, Illinois and is a college administrator was killed when a car driven by James Toon crossed into the path of oncoming traffic and collided with Patton’s car. (read more)

Toon has been charged with driving under the influence as authorities believe he was drunk at the time of the crash. Before his time in St. Petersburg the 67-year-old Patton was a standout athlete who obtained All-America honors at Southern Illinois University. He was also a vice president at Fontbonne University in St. Louis.

If you have been charged with a DUI in St. Petersburg, Clearwater or anywhere in Pinellas County, please do not hesitate to contact DUI Defense Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourpinellasarrest.com to discuss the matter. Also you can contact David via email or by stopping in our Pinellas office located at 4500 140th Ave. North #203.

Joshua Hope was on the side of the road with car trouble in Brooksville Monday morning. A traffic deputy was dispatched to assess the driver of the car. Hope showed some level of impairment according to the deputy following field sobriety tests but not enough to nave met DUI criteria. Hope called a friend to come pick him up and denied a deputy’s request to search his car but according to police a drug-sniffing dog indicated there were drugs in the car. (read more)

Police went ahead and searched Hope’s vehicle and discovered a safe on the floorboard. Deputies opened the safe and found three grams of methamphetamine and a .38 caliber revolver. Hope was arrested and charged with possession of meth, possession of drug paraphernalia and possession of a controlled substance.

If you have been charged with a drug felony in Tampa or Hillsborough County, please do not hesitate to contact Tampa Criminal Defense Attorney Stephen Higgins, Esq. at 1-800-FIGHT-IT or online at fightyourdrugcrime.com to discuss the matter. Also you can contact Stephen via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

Spencer Blanton, the co-director of anesthesiology at Tampa’s Shriners Hospital for Children, is in trouble with the law following a weekend arrest on a DUI charge. The 45-year old Hillsborough County doctor was arrested in Plant City with a reported blood alcohol level of 0.12. He was released on $500 bond following his arrest by the Hillsborough County Sheriff’s Office. (read more)

Blanton has been in trouble for a previous DUI from 1982 that also got him in hot water with the State Board of Medicine. The doctor failed to report the court’s decision on his earlier driving under the influence as required by Florida law. That resulted in a small fine for the doctor and required attendance in a medical ethics class.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney Stephen Higgins, Esq. at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact Stephen via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

There has been a growing trend lately of women driving under the influence of drugs and alcohol and even more disturbing many of them committing this crime with their children in the car. The case that brought the rise of women and mothers driving under the influence into the spotlight took place in New York. Diane Schuler’s wrong-way crash killed her and seven other people. The woman had alcohol and drugs in here system at the time of the fatal accident. But we are not immune to the problem in Tampa Bay either. (read more)

Billie Jean Vercellona had her 5-month-old son in her car when she was seen running red lights and driving into oncoming traffic before crashing into two parked cars. She was charged with child abuse and DUI and since she ran into three health care workers she also was charged with three counts of battery on a health care provider. Her baby was unsecured in a car carrier but thankfully was not injured.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or visit him in our new Tampa office located at 3426 W. Kennedy Blvd.

Juan Delvalle, a 26-year-old Tampa man, unleashed two pit bulls on a Hillsborough County Sheriff’s Deputy who came to his home on 86th Street to investigate a noise complaint. Deputy Richard Burton was forced to Taser the first dog that was sent to attack him and then had to use his gun on the second dog since he had already deployed his Taser to subdue the first dog that attacked him. (read more)

The dogs were not owned by Delvalle who got into a struggle with the deputy following the dog attacks. Delvalle punched the deputy in the arms and chest but was eventually stunned with a Taser. He was arrested for violating his parole on a DUI charge and four counts related to resisting arrest and assaulting the officer.

If you have been charged with a crime in Tampa or Hillsborough County, please do not hesitate to contact Tampa Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourcase.com to discuss the matter. Also you can contact David via email.

Deputy Tex Thomas has made over 120 arrests for DUI since he began working for the Polk County Sheriff’s office but charges against 54 of those people have been dropped by prosecutors citing concerns over the deputy’s conducting blood alcohol tests and taking shortcuts in writing reports. (read more)

Thomas reportedly admitted to cutting-and-pasting words from previous DUI reports during a deposition. That caused prosecutors to not file charges on 50 suspects and drop charges on four others. Defense attorney’s credited the state prosecutor for looking into their complaints in these cases and coming to the conclusion that they could not proceed with the cases.

If you have been charged with a DUI in Tampa, Hillsborough or Polk County, please do not hesitate to contact Tampa DUI Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourpolkdui.com to discuss the matter. Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

John Hillmer, the senior pastor at Grace Lutheran Church, was arrested and charged with DUI last week. The 57-year-old was pulled over by Hillsborough County Sheriff’s deputies early in the morning. He was stopped at the corner of North Dale Mabry and Hudson Lane in Tampa. According to the sheriff’s deputy Hillmer was driving 58 MPH in a 45 and his car drifted between lanes on more than one occasion. When he was pulled over the deputy gave him three breath tests. All three came back above the legal limit of 0.08. One measured 0.146. (read more)

Hilmer has found support from his congregation at Grace Lutheran Church. Just days after his arrest he attended worship service Sunday with approximately 300 parishioners. According to one of the church’s members, Kathy Crouthamel, the pastor received ‘total support’.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Joshua Conwell, a 21-year-old Parrish county man, was arrested by an off-duty Tampa cop following what was believed to be his third hit-and-run of the day. He was arrested after the Tampa Police officer saw Conwell hit the third car. When pulled over, the officer alleged he found a bottle containing 84 pills of the drug carisoprodol, a muscle relaxant. (read more)

Officers say they are able to link Conwell to all three crashes while driving his black Chevy Blazer. The Bradenton police charged Conwell with fleeing the scene of an accident with property damage, driving on a suspended license, possession of a controlled substance and driving under the influence.

If you have been charged with a DUI in Sarasota, Bradenton or Manatee County, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourbradentondui.com to discuss the matter. Also you can contact David via email or by stopping in our Sarasota office located at 200 N. Washington Blvd.

John Hillmer, the senior pastor at Grace Lutheran Church, was arrested and charged with DUI according to reports. The 57-year-old was pulled over by Hillsborough County Sheriff’s deputies early Friday morning. He was stopped at the corner of North Dale Mabry and Hudson Lane in Tampa. (read more)

According to the sheriff’s deputy Hillmer was driving 58 MPH in a 45 and his car drifted between lanes on more than one occasion. When he was pulled over the deputy gave him three breath tests. All three came back above the legal limit of 0.08. One measured 0.146. Hillmer was jailed at Orient Road Jail on $500 bail.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

The cameras mounted to police cars are supposed to help catch and prosecute the bad guys this time the camera caught the cops. Four Hollywood, Florida police officers are accused of faking an arrest report to cover up a traffic accident after a video camera recorded the four officers scheming to doctor a crash report and accuse an innocent woman of DUI. (read more)

Apparently Officer Joel Francisco rear ended a woman’s car and without knowing his dashboard camera was on he and three other officers conspired to create a fake crash report to cover up the accident. The original report said a cat sitting on the driver’s lap was the cause of the accident and the woman was arrested on charges of drunk driving. The state attorney’s office has now dropped those charges and the four officers are under investigation.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Two employees of the St. Petersburg Times newspaper were arrested late Monday and early Tuesday for suspicion of DUI according to the newspaper’s website. The first arrest happened at 11:15 p.m. Monday night and involved Tampa publisher Joe DeLuca. (read more) DeLuca, who is responsible for the Times’ business operations in Tampa, was pulled over at Gandy and Westshore according to reports. He refused to take a breath test.

Later that evening community sports editor Michael Camunas was pulled over on Bruce B. Downs where he allegedly blew a 0.19 on a breath test.(read more) Camunas is the community sports editor covering Hernando and Pasco counties. Both men were taken to Hillsborough County Jail on $500 bail.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Reading the latest statistics on DUI accidents and deaths in Florida can be a bit confusing. As with any statistic it really depends on how you look at the numbers. The total number of accidents this decade caused by driving under the influence has remained rather steady. The number has been somewhere between 22,000 and 24,000 each year. While that number has remained rather consistent, the number of deaths in DUI-related accidents has increased. (read more)

The number of deaths in DUI accidents has gone from 979 in 2000 to 1,169 in 2008. While that is an increase of 190 deaths and a 19% spike, it actually is not an increase when you look at the percentages. With more drivers on the road, the number of deaths per DUI accidents has remained at about 6 per 100,000. MADD and the Florida Highway Patrol believe those numbers are a good sign but both know more work needs to be done. While MADD continues to push for more stringent legislation, due to overcrowded jails, many in Law Enforcement believe the more logical next step will be education.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

A driver who was headed southbound in the northbound lanes of U.S. 19 and a woman weaving in traffic were both arrested on suspicion of Driving Under the Influence in separate incidents in Hernando County. William Lyons, 30, was pulled over for driving the wrong way on Commercial Way and reportedly posted a blood alcohol level of .188. (read more)

The second arrest involved 28-year-old Michelle Kazakowitz. She was spotted slamming on her brakes and weaving by an off-duty firefighter who called authorities. Deputies found the woman’s car pulled off the road on Deltona Blvd. She was reportedly having trouble keeping her balance. She was arrested despite the fact her breath test returned negative results.

If you have been charged with a DUI Tampa, Hernando or Pinellas County, please do not hesitate to contact Hernando County DUI Lawyer David Haenel at 1-800-FIGHT-IT or online at fightyourpinellasdui.com to discuss the matter. Also you can contact David by stopping in our new Tampa office located at 3426 W. Kennedy Blvd or emailing him right here.

Kenneth Stewart, a Lakeland resident, was sentenced to 25 years in prison and 10 years probation for a 2006 accident that killed five people. Stewart pleaded to five counts of DUI manslaughter and was sentenced Friday morning by Hillsborough Circuit Judge Robert Foster. (read more)

The sentencing should conclude a three-year process that began in April of 2006 when Stewart was driving his Dodge Durango around 3:00 a.m. when he collided with a car carrying guests who were in town for a wedding. Stewart apologized to more than a dozen relatives who were in court for the sentencing.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Lawyer David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

A newly proposed Federal Highway Bill would place ignition interlock devices in the cars of all convicted drunk drivers. The goal is to prohibit past offenders from being able to start their car under the influence. The bill has sparked a debate between the American Beverage Institute and Mothers Against Drunk Driving.

In a series of editorials in the Tampa Tribune the two sides have sparred over the bill and the effects it would have. (read more) MADD takes the interesting approach of arguing the bill and its interlock ignition devices would be a benefit to people convicted of DUI using Florida as an example. Don Murray, Florida’s state director for MADD says that in the State of Florida a first time DUI conviction means a loss of one’s license for six months but under this bill the loss of the license may not be necessary due to the locks on the car’s ignition.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Lawyer David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Alian Marshall pleaded not guilty to DUI charges before Hillsborough Circuit Judge Denise Pomponio earlier this week. Marshall was charged with driving under the influence after police said his car struck two women trying to fix their car on Spruce Street in Tampa. (read more)

The accident occurred near the Tampa International Airport and police allege that Marshall drove his Cadillac into the back of a broken down Hyundai forcing the car forward and into the two women who were trying to get the vehicle fixed on the side of the road. Marshall ran from the scene of the accident on foot and then was struck by a car himself. Marshall’s car was registered to an aunt and the insurance on the vehicle ran out 23 minutes before the accident.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact Tampa DUI Attorney David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter. Also you can contact David by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

A fatal accident that left a pedestrian dead has led to a Palmetto man facing charges of DUI. Richard Kuykendall was driving his 2009 Chevy pickup on U.S. 41 in Bradenton on Sunday with his wife when he struck Sam Estep, a pedestrian. Estep was transported to Bayfront Medical Center in St. Petersburg where he died. (read more)

According to Manatee Sherriff’s Kuykendall told deputies he had consumed three alcoholic beverages prior to the 9:00 p.m. accident. He was then arrested on DUI charges and taken to Manatee County Jail.

If you have been charged with a DUI in Manatee or Sarasota counties, please do not hesitate to contact Sarasota DUI Lawyer Darren Finebloom at 1-800-FIGHT-IT or online at fightyourdui.com to discuss the matter. Also you can contact Darren by stopping in our Sarasota office located at 200 N. Washington Blvd.

A Florida woman has been charged with 16 counts following a crash that injured five children inside her Chevrolet SUV. Police suspect that alcohol was the cause behind the crash and charged the Fort Pierce woman with DUI, DUI personal injury, child endangerment, DUI property damage and DUI with a person under 18 in the car among others. (read more)

Fredrina Johnson is alleged to have been behind the wheel of an SUV that hit a curb, stop sign and utility pole at 1:45 a.m. Police called the Florida Highway Patrol to the scene where officers reported Johnson was verball violent and belligerent. The woman apparently admitted to drinking but denied driving. She refused to take a breath test to determine her blood-alcohol level.

If you have been cited for a traffic offense in the State of Florida, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourticket.com to discuss the matter.

Derrika King had just graduated from Palm Beach Lakes High School’s law management program and was set to head to Orlando in the fall where she would attend Valencia Community College but as the result of a ride with a drunk driver King will never make it to Orlando. The 17-year old died just 12 days before her 18th birthday when Rashad Brewster jumped a median in his Nissan Maxima and hit a 1995 Toyota head-on resulting in King’s death. (read more)

Police believe Brewster was driving 80 MPH in a 35 MPH zone and when they were called to the scene of the accident they smelled alcohol on the driver’s breath and found a bottle of vodka in the car. Tests later showed Brewster’s blood alcohol level was .107 and .108 above the legal limit of .08 in Florida. Brewster was arrested in Palm Beach on DUI Manslaughter charges.

If you or a loved one has been arrested for a DUI in Orlando or Orange County, please do not hesitate to contact Darren Finebloom at 1-800-FIGHT-IT or online at fightyourorlandodui.com to discuss the matter.

Manatee County Sheriffs have charged a Sarasota woman with child neglect after she was charged with DUI with her child in the car. According to the sheriffs Dannis Barrows had a blood alcohol level of .216, which is nearly three times the legal limit in Florida. (read more)

Deputies responded to a citizen’s call reporting a reckless driver Wednesday night at 11:45 p.m. The officers said they gave Barrows the opportunity to call family or friends to take her and her child home but she told deputies she was not intoxicated and never made a call after they waited for 45 minutes for someone to show up.

If you or a loved one has been arrested for a DUI in Bradenton, Sarasota or anywhere in Manatee County, please do not hesitate to contact Darren Finebloom at 1-800-FIGHT-IT or online at fightyourbradentondui.com to discuss the matter.

The DUI case versus WTVT Ch. 13 morning anchor Russell Rhodes got a little more difficult for Tampa prosecutors on Thursday when a Hillsborough judge threw out the blood evidence. The judge ruled that Rhodes gave consent for the blood test while under duress and was not informed by the officer that he was not required to sign the form. (read more)

County Judge Cheryl Thomas granted the defense motion to suppress the blood sample agreeing consent was not given voluntarily. Rhodes was arrested at Channelside and tests showed a blood-alcohol level of 0.178, which is twice the limit of what Florida considers impaired. Rhodes was not given a breath test. Hillsborough sheriff's Deputy Shawn Morrey testified that he informed Rhodes of his options however that testimony was at odds with statements the deputy made under oath in March.

If you or a loved one has been arrested for a DUI in Tampa or Hillsborough County, please do not hesitate to contact Stephen Higgins at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter.

Tampa Police reportedly charged Cleveland Cavalier guard Tarence Kinsey with DUI on Tuesday. According to reports officer Anthony Portman saw Kinsey driving erratically and speeding in his Bentley. The NBA player failed a field sobriety test but refused to take a Breathalyzer. He was arrested and bail was set at $500. (read more)

Kinsey was in his first year with the Cavaliers and played in 50 games for the Eastern Conference Champions. Kinsey played collegiately at the University of South Carolina and spent the first two years of his career as a member of the Memphis Grizzlies. Kinsey’s average points per game has decreased every year since posting 7.7 per game in his rookie season.

If you or a loved one has been arrested for a DUI, please do not hesitate to contact Stephen Higgins at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter.

The breath test machines police use to arrest suspected DUI drivers are under fire and a recent ruling in Sarasota, Florida is just fanning the flames. Two judges threw out results in 72 cases on Tuesday based on technical aspects of how the Intoxilyzer 8000 works. When prosecutors were unable to answer defense attorney questions about the machines, judges threw the test results out. (read more)

For nearly four years Finebloom & Haenel along with several other attorneys in Sarasota and Manatee Counties have tried to determine the reliability of the Intoxilyzer 8000. Throughout their research they discovered numerous problems with the machine. Based on the problems Finebloom & Haenel requested that the State of Florida turn over the source code. A review of the code by Defense experts would allow them to determine if the machine is reliable. The State fought the Defense requests arguing that there has been no evidence presented that the machine was unreliable. The Court in Sarasota & Manatee disagreed and ordered the production of the code to Defense experts for their review. The State then argued that they did not have the code in their possession. As a result, Finebloom & Haenel requested the Court in Sarasota and Manatee Counties to issue a subpoena directly to CMI the manufacturer of the Intoxilyzer 8000.

The Judges in Sarasota and Manatee Counties did issue that subpoena and CMI for the last two years has refused to release the code to Defense experts based on the fact it is a trade secret. This argument fails to hold water and now the prosecution of almost 450 cases has been compromised. In 72 of the cases the Court ruled that the machine was not an approved machine; therefore, if the Defendant was read the implied consent warning the test will be excluded from any trial. DUI's in Florida are governed by the Implied Consent law. If you look at the bottom of your license it specifically states that the operation of a motor vehicle constitutes consent to any sobriety test required by law. However, the law also states that you only consent to an approved machine and the Courts have ruled in those 72 cases the machine is not approved therefore the breath test results are not admissible into evidence.

In total, 450 cases weigh in the balance. This latest ruling goes one step further then the court's previous rulings. The Courts in Sarasota and Manatee formerly ruled that the State would have to provide expert testimony in order to have the Defendant's breath test results admitted into evidence. The State would have to show that the machine is scientifically reliable. Prior to these rulings, the State simply had to show that the machine was tested on a monthly and yearly basis and complied with the rules.

If you or a loved one has been arrested for a DUI even if the arrest was not due to the Intoxilyzer 5000 or 8000, please do not hesitate to contact Darren FInebloom at 1-800-FIGHT-IT or online at www.fightyourdui.com to discuss the matter.

Last week 32 men and women graduated in Sarasota but not from any local college. The graduates celebrated finishing Sarasota’s DUI Court, which is a four-phase program including comprehensive alcohol and drug treatment, close supervision and full accountability. (read more)

The mission of the yearlong program is to reduce the number of repeat offenders by giving DUI drivers alternative treatments. The Sarasota DUI Court was started last year and spearheaded by Judge David Denkin. It is the third one in Florida but a fourth is scheduled to open up in Manatee County.

As this article shows, if you have received a DUI there are many options you can be offered. If you or any loved one needs help with a DUI in Sarasota, please contact David Haenel at 1-800-FIGHT-IT or online at www.fightyourdui.com to discuss the matter.

Jairo Ramirez of Orlando was charged with a DUI and causing a personal injury crash early Saturday morning on I-4. The 24-year old Orange County resident allegedly admitted to police “You got me” after police say he failed a series of field sobriety test on the shoulder of I-4 at approximately 3:00 a.m. Sunday morning (read more).

The accident involved 10 cars and shut down the highway for nearly two hours. Tests conducted at the county DUI center showed Ramierz’s blood alcohol level was 0.107 which is above the 0.080 that the state defines as intoxicated. Three motorists involved in the crash suffered minor injuries and were treated at local hospitals according to reports.

If you or any loved one needs help with a DUI charge or any criminal or traffic violation in the state of Florida, please contact Darren Finebloom at 1-800-FIGHT-IT or online at www.fightyourorlandodui.com to discuss the matter.

Former WTSP Channel 10 reporter Jennifer Howe was arrested by the St. Petersburg Florida Police department for driving under the influence. According to Eric Deggan's article Former WTSP-Ch. 10 News Anchor Jennifer Howe Faces DUI Charge, Ms. Howe was arrested by the St. Petersburg Police Department after police found her sitting in her car in a CVS parking lot. Witnesses told police that Howe's vehicle may have struck a school crossing sign because damage matching Howe's vehicle was found near the scene of the crash. Howe was arrested by the police and asked to submit to a breath test at the jail. She blew into the intoxilyzer 8000 and a reading of .152 was recorded about 90 minutes after the arrest. Although not charged with leaving the scene of an accident by the officers, the state attorney in Pinellas County makes the ultimate decision on what charges to file.
If you are facing a DUI case in Pinellas County call the law office of Finebloom and Haenel at 1-800-FIGHT-IT or check out their website at www.FightYourDui.com

On Sunday April 26, 2009 at approximately 11:30 p.m, Tampa Police Sergeant James Simonson was arrested for DUI by a deputy from this Hillsborough County Sheriff's Office. Deputy Jolly stopped Sergeant Simonson, a 24 year veteran, for failure to maintain a single lane and following too closely. According to Deputy Jolly's report, Sergeant Simonson did not perform well on the field sobriety tests and as a result was arrested for DUI and transported to Orient Road jail. Once at the jail, Sergeant Simonson submitted to a breath test and blew a .082 and a .08. He was released after posting a $500.00 bond and was placed on administrative leave by the Tampa Police Department.

Under Florida law the state attorney typically needs to prove two elements beyond a reasonable doubt in order to sustain a conviction for DUI. Aside from the element of driving, the state needs to prove that the person had a breath alcohol level above a .08 or that the person was driving to the extent that their normally faculties were impaired. In this particular case, the breath test result was right at the legal limit of .08, and the breath test machine (intoxilyzer 8000) has a margin of error of at least .005. Therefore, at the time of driving, it is very possible that Simonson's breath test was below the legal limit of .08. In addition, the state attorney will not be allowed to get the 'presumption of non impairment' jury instruction. In other words, the Judge will not be allowed to read a sentence that would allow the jury to presume that Simonson was impaired by his breath test result alone. It's probable that Deputy Jolly has a camera in her car that recorded the sergeant's performance on the roadside tests. If the video looks decent, then Simonson has a very defendable case.

The Law firm of Finebloom and Haenel has a website specifically for Tampa DUI information.
www.FightYourTampaDUI.com Contact Stephen Higgins or David Haenel if you have been charged with DUI.

Warning for motorists in Palm Beach County who are suspected of driving under the influence on February 27-28, 2009: blood draws. According to an article by Dianna Cahn, Palm Beach County Sheriff to Seek DUI Blood Tests, the Palm Beach County Sheriffs Office will be waking up Judges and requesting a warrant for the driver's blood if they refuse to take a breath test. Under current Florida law, law enforcement is allowed to forcibly draw blood from a driver if the officer believes that someone has suffered serious bodily injury or when there is a fatality. In what is believed to be the first of its kind in Palm Beach County, if a police officer arrests a motorist for DUI and they refuse to take a breath test, Captain Patrick Kenny will mandate that an officer appears at a Judge's house to request a warrant be issued for the driver's blood. According to the Sheriffs spokesman, there will be three command posts set up to deal with breath testing and one central location for blood testing. Under Florida's implied consent law, DUI drivers arrested for DUI are asked to submit to a breath test to determine the alcoholic content of their breath. In blood draw cases, prosecutors will be required to establish that the test was done in accordance with the rules and regulations set forth under the Florida administrative code. In addition, prosecutors will be forced to subpoena the person who analyzed the blood to establish the reliability of the results. Prosecutors are often frustrated when people refuse the breath test, even though the reliability of the intoxilyzer 8000 has come into question over the last several years. In an attempt to scare more people into take the breath test, the Florida legislature enacted a statute to deal with second or subsequent refusal cases. Under Florida statute 316.1939, a motorist faces another misdemeanor charge for refusing to submit to a breath test if they have previously been arrested for DUI and refused to take the breath test. For detailed information on Florida DUI check out www.FightYourDUI.com or contact our office at 1-800-FIGHT-IT.

In Tampa, Florida, the yearly Gasparilla Parade is always a time to celebrate and take part in the festivities...and drink based on the number of DUI arrests. Over the weekend, Tampa police estimated that approximately 350,000 people converged in downtown Tampa to witness the parade. Among those that gathered to watch the pirates and floats parade down Bayshore Boulevard, 141 of the participants were not so lucky to leave the same way they arrived.

Reports show that, by 7:30 PM Saturday, 79 people had been arrested by 4 agencies, including Temple Terrace Police Department, Hillsborough County Sheriff's Department, Florida Highway Patrol and Tampa Police Department. As the weekend continued, people were arrested for DUI, felony charges, misdemeanor charges, boating under the influence and .02 violations.

The Florida Division of Alcoholic Beverages also reported that 57 people under the age of 21 were arrested for possession of alcohol.

If you or someone you know was arrested and charged with any crime during the Gasparilla Parade, please contact Stephen Higgins at 813-649-8690 for a free consultation.

Superbowl weekend is notorious for having an increased number of DUI arrests and this weekend, Tampa, Florida will be no exception. The Hillsborough County State Attorney's Office aggressivley pursues drunken drivers, and Stephen Higgins, Esq. of Finebloom & Haenel, encourages drivers to take a cab or walk home if they have had too much to drink.

In fact, the Hillsborough County Sheriff's Office is posting on its website that their will be "heightened patrol" on January 31 in Western Hillsborough and a complete "saturation" of officers on game day throughout Hillsborough County. The Tampa Tribune reported that last year, in Arizona, 544 individuals were stopped on suspicion of DUI.

"Fans who have flocked to the city and spent thousands of dollars to attend the game and have a good time could pay a higher price than expected if they got arrested for DUI," Higgins stated. Once arrested, the legal ramifactions are an unplanned expense. "Aside from lawyer fees, individuals will incur expenses related to being placed in custody and potentially miss their flight home, spend several hundred dollars bonding out of jail and eventually have to pay court costs and probationary costs," said Higgins. Law enforcement officers typically comment that "vacationers arrive on vacation and leave on probation."

At the end of the night, a cab ride is much less expensive than the alternative and, perhaps more importantly, other drivers on the road are safer. If you have been arrested for DUI in Hillsborough, Pinellas, Polk, Pasco, Sarasota or Manatee counties, contact Finebloom & Haenel, representing DUI clients statewide.

Both Sarasota County criminal Judges have ruled that the Sarasota County Sheriffs Office's operational checkpoint plan is defective because it gives the supervisor too much discretion. In Todd Ruger's Sarasota Herald Tribune article, Evidence Tossed in More DUI Cases, the Judges ruled that thirteen checkpoint cases should be thrown out and prosecutors will not be allowed to use any field sobriety or breath tests. The Judges interpreted the checkpoint plan and in their signed order and determied the plan to be defective. According to attorney Darren Finebloom, the State is left with no case since they don't have any evidence. Darren and his law partner David Haenel represent 7 of the 13 people whose cases are affected by the ruling.

In the second favorable ruling in a matter of weeks for Manatee County DUI defense lawyers, Judges in Bradenton have ruled that the Sheriffs Office did not follow their own operational plan during a checkpoint in early 2008. According to Todd Ruger's article Judge Tosses Evidence in DUI Cases, Sgt. Paul Feiber exercised too much discretion during his supervision of the checkpoint because he changed the method for which cars would be stopped when entering the checkpoint. In this particular case, traffic began to back up as cars were approaching the checkpoint. The Sheriff's Office admitted that there was a function going on in Palmetto that night so traffic was heavier than anticipated. The initial plan was to stop every vehicle, but in the event of a backup to stop every sixth car. When traffic backed up, the supervisor let 20 cars through and thereby eliminated the backup. The County Court Judges in Bradenton were bound to follow the recent court ruling in Guy v. State 2D07-410 which says that a supervisor must have limited discretion and must not deviate from the operational checkpoint plan. The State Attorney's Office will decide whether to appeal the Judge's decision. If they do not appeal, then the initial police contact with drivers would be deemed unlawful and all of the cases would be thrown out.

As the 2008 year draws to a close, Pasco County Sheriff's Deputies have made it known that on New Year's Eve weekend - THEY ARE HUNTING FOR IMPAIRED DRIVERS!

Beginning at 10 o'clock on December 31, 2008, Pasco County Sheriffs Deputies and the Florida Highway Patrol are 'saturating' the county to catch drunk drivers, speeders and aggressive drivers. Based on recent statistics, there were 727 DUI arrests by the Pasco County Sheriff in 2007 and 439 DUI related accidents.

Information from past DUI cases indicate that the busiest patrol area for DUI in Pasco County is the area covering Holiday, New Port Richey and Trinity. It also appears that Saturdays are the busiest days for DUI between the hours of midnight and 3 a.m.

If stopped for DUI, it is important to know that you have rights. You have the right to know why you were stopped. Also, you may excercise your right to refuse to perform any field sobriety excercises and refuse to provide a breath sample. If you refuse to perform field sobriety excercies, the officer will decide whether to arrest you based on your driving pattern and his or her initial interaction with you. Be mindful that once you are stopped, the officer is making mental notes of your speech, your demeanor and whether you are able to answer his questions in a coherent fashion.

Once arrested, your case will be heard in Court. If convicted of a DUI, you could face up to 6 months in the county jail, be placed on probation for 12 months, have your license suspended for up to a year and have the ignition interlock device places in your car. Always contact a lawyer to discuss your rights if arrested for DUI. To discuss this post or speak about your case, contact Stephen Higgins.

Driving drunk with children in the car is a recipe for disaster and, if convicted, exposes the defendant to increased sanctions imposed by the court.

During the holiday season, Hillsborough County, Florida police officers, including deputies with the HCSO and officers with the TPD, are patrolling the streets in increased numbers to crack down on the number of people driving impaired during the holidays. Unfortunately, some people feel the need to drink and then drive with their children. As recently as December 31, a Tampa man was arrested for DUI and at the time of his arrest he had six children in his car. He failed field sobriety excercises and provided a breath sample almost twice the legal limit.

It is important to note that the defendant charged in this case is innocent until proven guilty. In cases where the defendant is found guilty of DUI with minors in the vehicle, he may be found guilty of multiple charges including DUI and Child Neglect. The Hillsborough County State Attorney's office may seek sanctions including but not limited to: incarceration, increased fines, ignition interlock device and revocation of a driver's license for a lengthy period of time.

More importantly are the felony charges of child neglect. As a second degree felony, the defendant risks an adjudication of guilt, and will therefore be a convicted felon for the rest of his life.

Local law enforcement agencies, including the Sarasota, Manatee, and Hillsborough County Sheriffs Office are planning DUI checkpoints in the last two weeks of December. These agencies are given grant money from the Florida Department of Transportation safety office and are encouraged to conduct these DUI checkpoints. In conjunction with the Institute of Police Technology and Management in Jacksonville, Florida participates in the "You Drink & Drive You Lose" campaign. The state has set up a website that has a calendar detailing sustained campaigns. Agencies with the most number of DUI checkpoints are eligible to win prizes, including police equipment like radars, trailers, and new traffic sign boards. DUI checkpoints have come under some scrutiny in the last few months following a District Court opinion in Guy v State, Case No 2D07-4110 from Florida's Second District Court of Appeals. That Court ruled that the officers at the scene of the checkpoint exercised too much discretion and therefore deviated from the approved checkpoint plan.
The efficacy of DUI checkpoints has been discussed for years. They require lots of manpower to set up and execute, and the total number of arrests is usually lower than if the officers were assigned to a saturation patrol. In addition, they are often difficult to prosecute because there is usually no "bad" driving since the motorist just happened to drive through the checkpoint without being stopped for any traffic infraction. For additional information about DUI law and checkpoints check out the DUI website for Finebloom and Haenel.

A recent article from the Sarasota Herald Tribune does not paint a good picture for Sarasota County law enforcement. In Todd Ruger's article DUI Arrests Plunge, he quotes statistics showing that DUI arrests are down fifty percent since 2004. David Haenel, a partner in the law firm of Finebloom and Haenel, is quoted in the article as saying the drop in DUI arrests is attributed to the fact that

DUIs are somewhat complex and take a lot of time, and they don't want to be tied up for three of four hours.

Continue reading "DUI Arrests Plunge in Sarasota County" »

In most DUI cases in Florida, the driver is arrested on the spot and given a court date or paperwork telling them that they have to make a court date with the clerk of court. The common exception occurs when a driver is involved in an accident and the driver is too injured to be arrested at the scene or in the hospital. If the officer investigating the accident establishes probable cause to believe the driver was under the influence of alcohol and/or drugs at the time of the accident, he will then ask the driver to submit to a blood test. In Florida there are two types of blood draws, one for medical purposes and one for legal purposes. A medical blood draw case starts when a driver is transported to the hospital and in the scope of his treatment a blood draw is conducted by hospital personnel. Florida Statute 316.1933 governs the law surrounding the disclosure of the results. The law states that if a health care provider who is treating a patient becomes aware that the blood alcohol level exceeds a .08, then that provider can disclose only the results to a law enforcement officer.

Continue reading "Driving Under the Influence Non-Arrest Blood Draw Case" »

A Lee County corrections officer could not escape a DUI arrest despite asking the stopping officer for some 'professional courtesy.' As a result, the correctional officer may now face some significant sanctions by the court as well as his employer.

The correctional officer, George Welch, was stopped by Florida Highway Patrol after a call was placed to 911 complaining that the truck Welch was driving was weaving near mile marker 136 in Naples. At the time of the stop, Welch showed the Trooper his badge and later asked him if he knew that he was going to ruin Welch's 20 year law enforcement career if he was arrested. Depsite his pleas, the Trooper placed Welch under arrest for suspicision of DUI, trasnported him to jail where Welch provided a breath sample of. 173.

At first glance based on the facts, it may appear as though Welch is guilty of DUI. However, in his case, based on the news report, the independent witness who observed Welch's driving is critical to the case against him. If the Trooper did not see any erratic driving and based his stop solely on the visual observation of the independent witness, then the state attorney's office will need the witness to prove their case. In Florida, to be convicted of DUI, the state attorney must prove beyond a reasonable doubt that the defendant was driving or in actulal physical control of a vehicle to the extent his or her normal faculties were impaired. The stopping officer must have a reasonable suspicion that the defendant is sick, tired or impaired based on his or her observation of the driving pattern. In this case, the Trooper may not have any independent knowledge of a bad driving pattern which could be a significant problem with the state attorney's case.

If convicted of a DUI, Welch faces standard statutory sanctions assuming it is his first time offense. For example, he would be placed on 12 months of probation, lose his license for 6 months, be required to complete community service hours and pay fines and court costs. Also, as a result of a new law passed in October 2008 regarding breath samples above a .15, Welch would be required to have an Ignition Interlock Device installed in his car. The device would require Welch to provide a breath sample before he started his car and intermittently while the car was running.

In the end - it is important to note that law enforcement must enforce the law and look beyond the 'thin blue line.'

Florida is among ten states in the country that have the lowest percentage deaths involving drunk drivers according to an annual report published by MADD (Mothers Against Drunk Driving). The report, generated around the Thanksgiving holiday, uses highway traffic related information to compile the results from the survey.

Continue reading "Florida Ranks Low in DUI Related Deaths" »