Category: DUI
DUI: the pretrial fee is lowered and in return, there will be no in-person court or motions to suppress blood, breath, or urine tests to be filed unless there is additional payment. Limited consultations may also be part of the formula. Domestic Violence: the client wants a bond motion filed to get the defendant out of jail and to change the “no contact” provision to “no violent contact” but no further representation because “he/she won’t show” but resides in the local area. This case is not suited for limited representation, but why? (This is one of the most common phone… Read More
An old maxim contends that the “best defense is a good offense.” This saying is certainly true in the context of Florida DUI charges. Although some may tempted to simply wait until the government prosecutors prove their case and hope that they are unable to do so, you can often experience much better results if you and your Fort Walton Beach DUI defense attorney formulate and follow an aggressive defense strategy. The precise strategy that will be utilized in your case will depend (of course) on the unique facts and circumstances present that led to your DUI arrest and charge.… Read More
Florida has no tolerance1 for anyone under the age of twenty-one who is accused of driving a vehicle after consuming alcohol. You actually become a second class citizen if you are under twenty-one: while Florida’s legal blood alcohol concentration limit is 0.08 percent, if you are under twenty-one, you only need a blood alcohol concentration of 0.02 percent to be charged with underage driving under the influence. The penalties for an underage DUI conviction usually depend on the facts and circumstances of your case; however, in most cases, your driver’s license will be suspended for at least six months. Let’s… Read More
When you are arrested for DUI in Destin, Florida, you may feel ashamed or alone, afraid to tell your friends, family members, and co-workers about your encounter with the Destin police. While DUI convictions do carry serious criminal and administrative consequences such as jail time and driver’s license suspension, they do not define who you are as a person. In addition, you’d be surprised by how many individuals have DUI convictions on their records. Celebrities, actors, musicians, and politicians are notorious for DUI arrests. Below are some of the more famous DUI arrests in the state of Florida. Mel Gibson… Read More
Over the past few years, tensions have mounted against police forces across the country, including right in our backyard in Okaloosa County. Many citizens believe that police departments have become militarized and are overreaching their power by arresting individuals without adequate probable cause, using excessive force, and sometimes responding to minor altercations with deadly force. Florida law enforcement authorities have been sitting down with citizens and advocacy groups to discuss how to rebuild trust in the community and increase faith in the police force. While many solutions have involved making changes in training or how officers respond to incidents, one… Read More
When you are arrested for driving under the influence, you have certain rights. These rights include the Fourth Amendment right against unreasonable searches and seizures, the Sixth Amendment right to a speedy trial, and the Fifth Amendment right to remain silent. In a previous post, I discussed your Fourth Amendment rights during a DUI traffic stop. In this post, I will explain when you have the right to remain silent under Miranda and how this right works. Arizona v. Miranda The Fifth Amendment states, in part, that no person “shall be compelled in any criminal case to be a witness… Read More
During a typical traffic stop in Fort Walton Beach, an intoxicated driver will be on a public roadway like US-98 or I-10, and the driver will either break a traffic law, be driving recklessly, or cause an accident. A police officer will signal for the driver to pull over and will approach the driver’s window. If the officer suspects that the driver is intoxicated, such as due to a strong odor of alcohol, open beer cans in the car, or slurred speech, the officer will ask the driver to get out of the car. The officer will then perform a… Read More
The Associated Press is reporting that Judge Lynn Rosenthal of Broward County, Florida has resigned her position following her arrest for DUI in May 2014. On May 27, 2014, a DUI investigation involving Judge Rosenthal was initiated after she hit a parked police vehicle and crashed into a parking lot gate. She would later resolve her case through a plea to an amended charge of reckless driving. Judge Rosenthal maintained that she had been given an incorrect dose of a sleeping aid. She agreed initially to a 90-day suspension without pay from her job for the DUI arrest, but the… Read More
They seem to appear at regular intervals throughout the year much like spring flowers and autumn leaves. “They,” of course, refers to “DUI” or “sobriety” checkpoints. Fort Walton Beach law enforcement agencies as well as other law enforcement agencies regularly operate “DUI checkpoints” at certain times of the year, including around holidays. Even if you have not touched a drop of alcohol all night, having to go through a DUI checkpoint in order to get home can be a stressful experience. If you have had alcohol, you may be in a state of panic upon seeing signs warning you of… Read More
A DUI charge in Okaloosa County can be unsettling. The prospect of hefty fines and administrative costs – not to mention jail sentences and/or community service requirements – makes even a first-time DUI offense a serious matter. But the penalties for even a third or fourth conviction for DUI in Florida pale in comparison to the consequences that await drunk or impaired drivers who kill someone in a DUI crash. A conviction for DUI manslaughter carries with it mandatory prison sentences that can range from a minimum of four years and are imposed in addition to heavy fines and a… Read More
