Broward DUI Lawyer Blog

Florida Commercial DUI Requires Solid Legal Representation

Sat, 18 May 2013 06:37:59 -0500

The aftermath of a DUI arrest is expensive, time-consuming, inconvenient, sometimes embarrassing and usually something most people are eager to move past.

For commercial drivers, there is often a lot more at stake - particularly if the arrest occurred while the driver was on duty.

Our Fort Lauderdale commercial DUI defense lawyers know that these individuals are additionally staring down a possible job loss (or at least a significant suspension) and possibly the end of a career.

That's what one commercial bus driver in a Chicago suburb is currently facing, the situation exacerbated by the fact that his case made national news. Unfortunately, an overreaction to this one case may result in even harsher penalties for all commercial drivers across that state.

It was prom night for the seniors of Oswego East High School, about two dozen of whom had booked a party bus to chauffeur them to and from the event.

But the students reportedly became concerned when the driver hopped a curb and drifted a few times onto the median. A few of the students phoned their parents, who in turn contacted the security at the prom event, who in turn contacted local police. Officers responded and pulled over the driver, who was alleged to have glassy eyes, slurred speech and was stumbling. A draw of his blood reportedly showed him to have a blood-alcohol content that was thrice the legal limit of 0.08 percent.

For commercial drivers on duty, the legal alcohol limit is 0.04 percent BAC.

In addition to the criminal charges of DUI and reckless driving, this man will not only face sanctions - up to and including termination - from his employer, but also from the Federal Motor Safety Carrier Association. The agency recently enacted tougher penalties for commercial DUI offenders, and also has made it more difficult for those arrested in one state to find work in another.

Additionally, state representatives in Illinois are pushing to raise the bar on criminal penalties for commercial DUIs, increasing the charge from a first-degree misdemeanor, punishable by up to a year in jail, to a Class 4 felony, punishable by up to three years in prison. Lawmakers have proposed altering the definition of aggravated DUI to include commercial drivers carrying any passenger of any age.

In Florida, statute 322.62(b) holds that a commercial driver with a BAC of over 0.04 percent is considered drunk and he or she will be charged with a misdemeanor, punishable by up to six months in jail, a $500 fine and a maximum 18-month license suspension. There would be an immediate 24-hour suspension and if a conviction followed, the driver would be disqualified from operating a commercial vehicle for at least one year.

A commercial driver might also face these sanctions if he or she refused to take a breathalyzer or was in possession of a controlled substance at the time of the arrest.

Even in cases of a misdemeanor, when you will not automatically be given a lawyer, hiring a good one will be an important investment in your future. Avoiding a conviction, if at all possible, is the best way to protect your livelihood. Call today to see how we can help.

Hit-and-Runs in Palm Beach, Broward Prompt Investigations

Fri, 17 May 2013 13:27:05 -0500

A series of recent hit-and-run crashes in Palm Beach and Broward Counties - two within hours of one another - have authorities in South Florida on high alert.

Our West Palm Beach DUI defense attorneys understand that one of these incidents involved a 3-year-old child, while the other two have reportedly resulted in the hospitalization of two men with serious injuries.

In at least two of these cases, it's likely the driver would have faced no charges whatsoever, had it not been for the fact that he or she failed to remain at the scene of the crash until officers arrived.

We understand that in the split-second panic and confusion of a horrifying situation, people sometimes make the wrong choice and choose to flee rather than stay. It's an instinctual reaction born of fear and self-preservation. In a few cases, a strong argument might even be made that the individual did not know that they had struck another human.

That's especially true for cases involving young children. The reality is, kids dart out into the street. Tragically, sometimes it happens without a driver ever seeing them. The driver may feel a slight bump, but especially with the windows up or radio on, they might have no idea whatsoever that they've struck a child.

That may have been what happened in a case out of Fort Lauderdale recently. It was about 6 p.m., with daylight just beginning to wane in front of the child's home on Northeast 53rd Street, near the intersection of Northeast 18th Avenue. Witnesses say the little boy darted from his front yard and into oncoming traffic, where he was struck by a vehicle. The driver did not stop. The child was rushed to a nearby hospital, where the latest reports indicated he was in stable condition.

In a case like this, the driver could not have been expected to be able to prevent tragedy when a young child races in front of him without warning. However, the failure to stop and render aid when involved in a crash involving personal injury or death is a first-degree felony, punishable by a minimum of two years in prison, per Florida Statute 316.027.

Similarly, just two days later in West Park, a 52-year-old pedestrian was jaywalking around 5 a.m. on State Road 7 when he was struck and critically injured. The driver was not at the scene when police arrived. Officers later said that had the driver remained there, it's possible no charges would have been filed against the driver.

Let's say, for the sake of argument in this case, that the driver had been intoxicated, which is why he or she didn't stop. A DUI resulting in a fatality or serious injury is a major felony charge. However, if the driver didn't cause the wreck - drunk or not - the charge would have likely only been a misdemeanor.

A few hours prior to the West Park incident, another man in his 50s, this one in Boynton Beach, was struck by a large truck around 11:30 p.m. while traveling on his scooter on West Boynton Beach Boulevard. He was hospitalized and the latest reports are that he was listed in serious condition.

Law enforcement officials continue to look for suspects in all three cases.

More Florida DUI Arrests Likely if BAC is Lowered to 0.05 Percent

Mon, 13 May 2013 12:41:20 -0500

Traffic safety advocates have somehow surmised that by targeting people who aren't as likely to cause DUI injuries and fatalities, they will somehow be able to drive down the number of DUI injuries and fatalities.

Our Fort Lauderdale DUI defense lawyers are baffled by the suggestion offered recently by the National Transportation Safety Board that the legal limit of intoxication be dropped from 0.08 percent blood-alcohol content down to 0.05 percent blood-alcohol content.

Primarily, this confusion stems from the fact that we know the majority of fatal crashes involve someone who had a blood-alcohol level that well surpassed the 0.08 percent limit. So reducing the limit to 0.05 percent would have little effect on the number of DUI-related deaths.

This is underscored by the fact that Congress lowered the DUI threshold during the Clinton administration, from 0.10 percent BAC down to 0.08 percent BAC - mandating that all states comply or risk losing millions in federal highway dollars. All states fell in line by 2004.

This move was heralded as one that would significantly slash the number of DUI-related deaths across the country.

Guess what? It hasn't.

The number of fatal DUI crashes in this country has hovered steady at about 10,000 annually since 1995, with a constant 30 percent of all fatal highway crashes attributable to drunk drivers.

So in effect, the only thing the measure did then was target people who weren't that drunk - if at all intoxicated - and made sure many more people would have to pay hefty fines and cope with the stain of a crime on their permanent record. So now, we want to target people who are even less intoxicated? While blood-alcohol content levels vary depending on a host of different factors, including weight, age, gender, food consumption, etc., it's quite possible that a measure like this will result in the arrest of restaurant patrons who had a glass or two of wine with dinner - people who are posing no threat to anyone.

The NTSB is responsible for investigating transportation accidents and while it has no legal authority to impose such a measure on its own, its reports do carry considerable sway with state and federal legislators.

In addition to the lowered BAC limits, the NTSB is proposing mandatory ignition-interlock installation for all first-time offenders, as well as additional authority to police to immediately seize and suspend the driving privileges of a motorist who is arrested for DUI - effectively depriving the suspect of their right to have the matter go first before a judge with the benefit of a defense lawyer by their side.

The NTSB conceded that these measures may be unpopular, but that they are necessary to effect meaningful change. But that is just it: We are unquestionably going to be depriving people of their freedoms and due processes for measures that are unlikely to have much impact at all.

Joe McClain, president of the Beer Institute, said that while he encourages advocacy groups to continue to fight for ways to reduce drunk driving deaths, those efforts should focus on addressing repeat offenders and those whose blood alcohol levels register over 0.15 percent (which in the 1980s was the legal limit in most states).

Our Fort Lauderdale DUI lawyers are dedicated to defending your case no matter what circumstances surrounded your arrest.

New DUI Vehicular Homicide Trial for West Palm Beach Defendant

Fri, 10 May 2013 12:42:32 -0500

A new trial has been ordered for DUI vehicular homicide convict John Goodman, the polo mogul who had previously been sentenced to 16 years in prison for the drunk driving death of a 23-year-old in Wellington three years ago.

Our Fort Lauderdale DUI lawyers know that this decision - which was extremely rare - was foreshadowed for months following the trial, based on revelations surrounding the actions - and inaction - of a single juror.

What this goes to show is how one single player, one technicality, can throw an entire case. While rogue jurors aren't common, there may be plenty of opportunities along the way in your criminal case to challenge aspects of the investigation, evidence collection, due process and other elements. Having a skilled criminal defense lawyer is key.

In this case, there seemed to be a lot that the judge was willing to cede in a clear reticence to order a new trial. However, in the end, the juror's conduct proved simply too much not to raise clear doubt as to the fairness of the proceedings.

Whether the case will indeed go back to trial or instead be resolved through a plea negotiation remains to be seen.

Here's what happened:

Following the conviction of the wealthy defendant, one of the male jurors wrote and published a book based on the trial. This alone would not be illegal. However, the details contained therein raised special concern for defense lawyers.

Most troubling was the assertion that during the course of the trial, he conducted his own at-home drinking experiment. This was done during jury deliberations. He reportedly consumed the same number of vodka drinks as the defendant was alleged to have drank that night, and then judged himself to be intoxicated.

There are so many things wrong with this experiment, it's hard to know where to start. First, the very fact that it was done amounts to impermissible "evidence" being used to criminally convict someone. Secondly, his experiment was not at all scientific and failed to take into account his own height, weight and alcohol tolerance, as compared to the defendant.

Defense lawyers rightly appealed to the judge for a new trial on this basis last summer. But that request was denied.

What ultimately resulted in the about-face was the discovery that the juror had lied to get on the jury, by failing to disclose his ex-wife's DUI conviction (which had subsequently led indirectly to their divorce), as well as the fact that his daughter had once been the victim of a violent crime.

The lying, ruled the circuit court judge, transformed the proceedings from an imperfect trial to an unfair one that was "constitutionally impermissible."

As such, the judge had no choice but to toss the old verdict and order a new trial.

The juror, for his part, has been charged with misdemeanor indirect criminal contempt. He later said in his defense that he had suffered numerous strokes that affected his memory issues, and that he had honestly forgotten these things when asked about them during the jury selection phase.

Broward DUI Penalties for Crash in Unmarked Cruiser

Mon, 06 May 2013 12:09:31 -0500

A 26-year-old Broward County Sheriff's Deputy will be suspended without pay for at least 20 days, following an incident in which he allegedly drove his unmarked cruiser after drinking and was subsequently involved in a crash.

Our Broward County DUI defense attorneys understand that although this incident reportedly happened back in February, we are just now learning of it with the completion and release of an Internal Affairs report.

At the time of the crash, officials said the deputy was not arrested on the spot, as he passed two out of the three field sobriety tests administered to him at the scene. A fourth test, which is reportedly not admissible, he allegedly failed.

He would later tell the responding officer that he had been drinking.

The deputy, who serves as a canine officer in Pompano Beach for the department, has no prior criminal record and a clean driving record, save for one speeding ticket he received last year.

In 2009, two years into his tenure, the deputy was disciplined for his involvement in an on-duty crash that was later deemed preventable. For this, he was required to undergo driver's training and counseling. That was the only internal disciplinary blemish on his record.

He still has the option of appealing his suspension, though it's not clear whether he'll do so.

According to media reports, the deputy was consuming alcohol with his brother, also an area police officer. At some point, the two got into the Broward deputy's unmarked sheriff's vehicle and were traveling about 35 miles per hour on I-595 in Davie.

When they neared State Road 7, the off-duty Broward sheriff's deputy lost control over the vehicle. It reportedly skidded and then rolled twice, eventually landing upright.

Thankfully, the brothers emerged unscathed and no other vehicles or persons were struck or injured.

The traffic investigator noted that the roads were slick and it appeared that the officer had skidded into a swale just prior to the accident.

The sobriety tests were conducted by Davie police, who indicated he smelled of alcohol and the suspect's eyes were bloodshot and glassy. He was also swaying.

Yet for some reason, he was not given a blood alcohol test, which is often standard procedure in DUI cases, particularly if field sobriety tests appear to indicate conflicting results. We can't help but wonder if this is indicative of some type of double standard applied to officers, but not everyday citizens.

While we certainly don't want to make any hard-and-fast judgements, it's difficult not to make that leap of logic when you have the investigating officer appearing to overstate the role of the rain in the crash, the inadmissibility of the fourth sobriety test, then the failure to conduct a BAC and the absence of an arrest.

While the sheriff's office has found him guilty of engaging in conduct unbecoming of an employee. Yet even though there was strong suspicion of alcohol consumption, he was not arrested for DUI.

It's worth noting that many of our clients arrested for DUI have been booked on the basis of far less.

DUI Breathalyzer Tests Successfully Challenged in WV

Fri, 03 May 2013 11:46:43 -0500

Our Fort Lauderdale DUI attorneys were pleased to hear about a victory by DUI defense lawyers in West Virginia, who were granted the right to access the downloadable data from DUI breathalyzer machines used in the case in question.

The state Supreme Court ruling in West Virginia v. Overington only applies to defendants in that state, but it opens the doors for similar wins in other states.

The reason this is so critical is because as it now stands, Floridians have had a tough time accessing information about the machines used to convict them in DUI cases.

There is a case currently pending a decision in the Florida Supreme Court that could potentially make DUI breathalyzers inadmissible if documentation relating to the software used in the machines isn't turned over to defense lawyers for analysis. So far, CMI Inc., the out-of-state company that manufactures the Intoxilyzer 8000 - the only approved breathalyzer system in Florida - has refused to turn over those records. The argument from the state is that the court can't compel the Kentucky-based firm to do so.

That may be true, but then it strips defendants of the right to confront a key accuser in the criminal case against them - which would be unconstitutional, meaning the evidence would have to be suppressed.

The case was argued in February, though the state Supreme Court justices have yet to make a decision on the matter.

In the West Virginia case, the justices ruled that a DUI defendant has a right to challenge the state's foundation for admitting the results of those breathalyzer tests, as well as the right to challenge whether the machine itself and the test conducted was in compliance with state standards.

State code in West Virginia requires that in order to be admissible in a DUI case, blood, urine or breath tests have to be in compliance with provisions handed down by the state's health department. It would be up to the defense to determine whether the tests were in fact in compliance, and that can't be done without access to the historical data on the individual machine.

That was the same conclusion reached by a county magistrate in the first place, a ruling that was upheld by the Supreme Court.

This case started as a simple, misdemeanor DUI and has evolved into a state Supreme Court precedent.

The defendant's attorney had simply requested a breath test discovery, which is the downloadable data as contained in the individual breathalyzer test, as well as all maintenance and certification records for the device itself and any and all simulators used in calibration updates. Additionally, this would have included any and all training materials provided to personnel who operate the machine. All the personal information of those who had been tested before on the machine was excluded, but the results were what was important.

The state attempted to argue that such information was irrelevant to the case. The high court disagreed.

It's possible that state officials could next appeal it to the U.S. Supreme Court, but they've given no indication so far about their intentions.

Palm Beach DUI Manslaughter Charge Filed Against Wellington Man

Tue, 30 Apr 2013 11:24:40 -0500

A Wellington native is facing a charge of DUI manslaughter, among others, following a fatal crash several months ago during which he is accused of being under the influence of alcohol.

Our Palm Beach County DUI attorneys understand that the defendant was arrested, booked and released on a $36,000 bond, following a three-month investigation into a crash in late February that resulted in the death of a 31-year-old woman.

According to investigators, the crash occurred in a suburb of West Palm Beach, where the female was driving north in her passenger vehicle with one other person in the car. It was shortly after 5 a.m. on a Saturday morning when the woman crossed the intersection at Okeechobee Boulevard and North Jog Road.

At the same time, police say, the defendant ran a red light. According to a woman who was inside the vehicle with the defendant, she had shouted to him numerous times just prior to the crash that the traffic light was red. He allegedly stated, "Watch this," just before the wreck.

Investigators have estimated that the defendant was traveling somewhere between 50 to 57 miles per hour in a 50-mile-per-hour zone.

The driver of the other vehicle died at the scene. Her passenger had to be cut out of the vehicle and was flown to a nearby medical center with lacerations on her hands and face. She ultimately survived. A three-year-old child, also in the vehicle, also had to be treated by medical personnel.

The defendant remained at the scene of the accident, and was subsequently transported to a nearby hospital. A blood sample was drawn while he was there.

The results of that blood test indicate the defendant's blood alcohol level measured in at 0.24 percent, or three times the legal limit in Florida.

In addition to the DUI manslaughter charge, the defendant has also been accused of DUI property damage and DUI crash with serious injury to another person. Definitions and penalties for these crimes are found in Florida Statute 316.193.

DUI manslaughter in Florida is a second-degree felony, meaning it's punishable by up to 15 years in prison. (The exception would be a hit-and-run DUI manslaughter, in which case the defendant's potential maximum prison term would double.)

DUI crash with serious injury to another is a third-degree felony, punishable by up to five years in prison.

And DUI crash with property damage is a first-degree misdemeanor, punishable by up to one year in jail.

So altogether, this defendant is facing up to 21 years behind bars.

Matters such as these are gravely serious. Defendants in these situations should not trust decades of their future to an overworked public defender.

There are a number of possible defense strategies we may be able to apply, depending on the exact circumstances surrounding the incident.

South Florida Hit-and-Run Crashes Spotlighted

Mon, 29 Apr 2013 10:44:06 -0500

There is no question that the number of fatal hit-and-run crashes in South Florida has risen sharply in recent years.

Though it's not exactly clear why, our Fort Lauderdale hit-and-run defense attorneys recognize that no two situations are going to be exactly alike - despite the broad-brush characterization of defendants recently portrayed in an article by Sun Sentinel Staff Writer Erika Pesantes.

In the very first sentence of that article, Pesantes writes that just about once every week in South Florida, a motorist strikes another person and then makes a conscious decision to "save his or her own skin instead of the life of the person left to die on the street."

That's a pretty dramatic - and inflammatory statement - particularly given that the writer could not possibly have delved deeply enough into each and every single one of the 92 fatal hit-and-run crashes reported in Broward, Miami-Dade and Palm Beach counties in the last two years to know the reasoning of the defendant.

There were a total of 20,000 hit-and-run crashes in South Florida last year, including fatal and non-fatal incidents.

Reasoning doesn't always matter in these cases, but it certainly can. For example, if a person flees because he or she is intoxicated - and that fact can be proven - the defendant will face a first-degree felony under Florida Statute 316.193. However, if the person continued to drive on because he or she honestly did not realize that a human being had been struck and potentially injured, he or she might still be facing a charge of failure to give information or render aid, but this is a non-criminal traffic violation.

Some wonder how it could possibly be that a driver might not realize they had struck a person. It's more understandable than you might think, and none of us should assume we might never find ourselves in the same situation. Some primary examples would be if the conditions are dark or if the victim is a small child, not easily visible over the dashboard.

Still, none of this is a defense for failure to stop. But it's not impossible to beat a hit-and-run charge with an experienced criminal defense attorney. One of the potential ways in which we might be able to challenge the case would be if there was any sort of violation in the way in which police gathered evidence.

There may also be specific circumstances surrounding your case that would make prosecutors more amenable to reduced charges or penalties. For example, if you turned yourself in or if the pedestrian who was hit was intoxicated and/or not properly crossing the street, that may be grounds to have the charges or penalties significantly whittled down.

Fatal Palm Beach Hit-and-Run Suspect Surrenders to Police

Sun, 28 Apr 2013 09:56:29 -0500

A recent fatal hit-and-run in Boynton Beach resulted in the death of a 27-year-old pedestrian who had been crossing the street near the mall on Old Boynton Road.

Now, our Palm Beach County hit-and-run defense attorneys understand that a suspect has come forward to police - and she's a local 31-year-old high school math teacher.

According to media reports, the teacher said she had been at a local sports bar, and had consumed several liquor shots and a few vodka and cokes. She reportedly had been watching a sporting event on television and left the establishment shortly after midnight.

She later reported that as she drove home, a pedestrian simply "jumped out in front" of her vehicle. When asked why she did not remain at the scene, she conceded that she had been scared.

The man who had been struck, father of a 1-year-old daughter, ended up dying at a local trauma center.

In less than one hour, a criminal defense attorney contacted local officers and informed them that the responsible driver had contacted him and wished to turn herself in.

This was a smart move on the part of suspect in this case because it shows that, while she may have initially acted unlawfully out of fear, she was not attempting to evade law enforcement or her responsibilities. While it won't result in authorities declining to file charges for failure to give information or render aid - as defined in Florida Statute 316.062 - it may end up being a bargaining chip for leniency, either from prosecutors or from the judges.

Investigators in this case arrived at the suspect's home to find her vehicle parked in her back yard, behind a fence. The vehicle had been towed, as it had sustained heavy damage to the right side of the hood.

When questioned by police, she told them she was pretty sure she had struck a man, saying that she knew it wasn't an animal. Still, she said the man had "come out of nowhere" and stepped in the path of her vehicle.

Unfortunately for this defendant, she has a prior DUI conviction stemming from a 2003 incident, for which she received a six-month license suspension and a year of probation. This will reflect poorly in her pending case, but it's not an impossible obstacle to overcome.

Florida law states that the driver of any vehicle that is involved in an accident that results in injury or death or property damage must stop, provide his or her basic information and render aid or reasonable assistance to the injured parties. Failure to do this is a non-moving violation. If, however, the individual is found to have been under the influence of alcohol or drugs, it is automatically considered a first-degree felony, punishable by up to 30 years in prison.

Florida DUI Manslaughter Cases Have Widely Ranging Sentences

Thu, 25 Apr 2013 12:48:45 -0500

A number of high-profile Florida DUI manslaughter convictions have been reported in recent weeks, each with prison sentences that vary pretty dramatically.

Our Fort Lauderdale DUI manslaughter defense attorneys know that the first priority of your lawyer should be to help you avoid a conviction. Even if it doesn't seem promising at the outset, there may be opportunities for your attorney to raise a significant enough challenge to have the charges dropped or substantially reduced.

Barring that, your attorney might consider aggressively negotiating a plea deal with terms favorable to you. In the event that a conviction comes following a trial, a presentation of mitigating circumstances might go a long way toward swaying the judge to a lesser sentence.

Throughout every stage in this process, having an experienced lawyer is an indispensable tool.

Let's examine some of the most recent, headline-grabbing DUI manslaughter cases across Florida.

One involves a 24-year-old Port St. Lucie woman who was driving with her friend seated next to her when she slammed into a utility pole near a convenience store. The impact was so forceful that the vehicle was ripped into two pieces of mangled metal, and the power pole was split in half. The 22-year-old passenger died at the scene.

The driver was reportedly speeding, and her blood alcohol measure was 0.098 percent - just a hair above the 0.08 percent legal threshold. The driver's brother reported that his sister had accidentally "pocket-dialed" him moments before the crash, and he heard a screaming argument.

Investigators said the driver's rage, speed and alcohol consumption all contributed to the crash.

Except in cases of a hit-and-run, DUI manslaughter is a second-degree felony, punishable by up to 15 years in prison. That's according to Florida Statutes 316.193(3)a and b.

This defendant received 10 years. Mitigating factors included her lack of a prior criminal record, the fact that her blood-alcohol level was not sky-high and that she had expressed deep remorse.

That same day, a man from Pensacola was given 24 years in prison after he was convicted of DUI manslaughter in the death of a bicyclist. Authorities say the 29-year-old defendant had been out of prison just six months when he struck the 32-year-old cyclist. He did not stop until several blocks later, when he got out to reportedly remove the mangled bike from beneath his vehicle.

Both individuals killed someone while driving drunk. Why did one receive a sentence that was 150 percent higher than the other?

The second driver had a prior criminal record. What's more, that record included DUI with serious bodily injury. Additionally, the fact that the second driver failed to stop and render aid resulted in bumping the DUI manslaughter charge up to a first-degree felony, which means the crime was punishable by up to 30 years in prison.

It's worth noting that mitigating factors won't automatically result in a lesser sentence. It's important that you have a skilled DUI defense lawyer at your side to make your case.

FDLE Alcohol Testing Manager Laura Barfield Resigns in Disgrace

Mon, 22 Apr 2013 11:26:48 -0500

For more than a decade, Laura Barfield has been the operations and management consulting manager for the alcohol testing program within the Florida Department of Law Enforcement.

Now, as our Fort Lauderdale DUI defense lawyers understand it, she has found herself on the other side of a criminal investigation, accused of using taxpayer credit cards to charge thousands of dollars worth of personal expenses, including cruise line tickets, clothing stores, grocery stores and dining out.

Barfield resigned in disgrace, following the six-month investigation that was kicked off by two anonymous letters regarding her use of a state-issued vehicle to carry on a relationship with a married man while she was on business trips across the state.

However, when visiting central Florida, she often stayed with her boyfriend, racking up additional mileage on her vehicle. Further, officials say Barfield was unable to prove that each of those trips was related to work.

The reason this case matters to DUI defense attorneys in Florida is this: Barfield has been a star witness in hundreds of drunk driving cases for the FLDE's Alcohol Testing Program.

With an internal investigation finding her guilty of such ethical violations of misuse of state resources, unbecoming conduct and insubordination, we have a key witness who is no longer credible.

In cases where defense lawyers are challenging the validity of the Florida's Intoxylizer 8000, Barfield has been the state's go-to witness. Many defense attorneys over the years have accused her of saying whatever she believed necessary to win her case, regardless of the truth.

Now, though, it's not just defense lawyers who are calling her character and her word into question.

Investigators have so far learned that Barfield used her state-issued credit card nearly 60 times for personal purchases - and that was just between the summer of 2011 and the fall of 2012. State policy is clear that these cards are to be used strictly for business purposes.

If she was willing to compromise her own integrity and personal freedom in a way that could not only cost her job but her freedom, what would she be willing to do on the witness stand, when it came to the freedom and reputations of other people?

What's worse, the FDLE received word about all this back in September. While that investigation was ongoing, FDLE officials never notified DUI defense lawyers of what was happening. Instead, the agency continued to use her services as a witness - despite substantial questions surrounding her credibility.

As a result, it's expected that DUI defense lawyers throughout the state will be filing motions to dismiss numerous cases in which Barfield testified.

State officials say they are not concerned about the potential repercussions on DUI cases because, "Defense lawyers are always looking for ways to overturn their clients' convictions."

That's a weak rebuttal considering:
1. Of course we do, because that's our job;
2. That doesn't change the serious credibility issues that accompany an important witness in hundreds of these cases. As it turns out, it was the state using deceit and a discredited witness.

DUI Blood Draws Require Warrant, U.S. Supreme Court Rules

Thu, 18 Apr 2013 09:13:56 -0500

If a police officer wants to extract your blood without your consent in the course of a DUI investigation, he or she must first obtain a warrant to do so.

That was the ruling that was handed down this month from the U.S. Supreme Court in the case of Missouri v. McNeely, which our Fort Lauderdale DUI lawyers had been closely following.

As you may recall, this case involved a man who was pulled over by an officer for suspected DUI. The driver refused to take a breathalyzer test and additionally refused to have a blood sample drawn. The officer, who in the past had obtained warrants for blood draws conducted without consent, opted not to do so in this case, instead taking the defendant straight to a lab and having the test done anyway.

The defendant's blood alcohol level tested far over the legal limit - but that wasn't the primary issue here.

The question was: Do law enforcement officials investigating a DUI have the right to initiate a blood draw without a person's consent if no warrant is obtained?

The Missouri Supreme Court had previously ruled no, they did not.

The state appealed, however, saying that DUI cases were unique in the way that alcohol is quickly processed by the body. The assertion was that the liver of the suspect was effectively destroying valuable evidence in the case with every minute that ticked by.

However, the high court sided with the defendant here in a close ruling split 5-4, holding that a blood draw without consent and without a warrant is unconstitutional, as it is a violation of the Fourth Amendment and specifically, an individual's right to be free from unreasonable search and seizure.

Writing for the majority, Justice Sonya Sotomayor stated that for starters, states already have a wide range of legal tools available to help them enforce drunk driving laws. For example, implied consent laws hold that individuals who are lawfully arrested and refuse a breathalyzer test will face stiff penalties. In Florida, that penalty involves an 18-month license suspension, a misdemeanor charge and the potential for jail time.

Sotomayor went on to write that the natural dissipation of alcohol in a person's system doesn't constitute a situation in EVERY case to justify conducting a blood test absent a warrant. What this means is that there could actually be some situations when law enforcement might be justified in obtaining a sample without a warrant. These would only involve extreme circumstances.

Plus, it's important for us to point out that warrants are not all that difficult for officers to get during a DUI investigation. They may not even have to leave the scene to do so.

Still, what this measure does is provide another layer of protection for defendants. If officers do not carefully follow all laws and proper procedures, charges are subject to significant reduction or even dismissal, with the help of your experienced DUI defense lawyer.

Florida DUI Manslaughter Charge Reduced Due To Faulty Vehicle

Fri, 12 Apr 2013 07:43:11 -0500

Three years ago, a woman was sitting on the curb with a friend in Clearwater when a 51-year-old man driving a Toyota Land Cruiser barreled up onto the sidewalk, struck an office building and then tragically, ran over the woman on the curb.

As investigators would later learn, the man behind the wheel had a blood alcohol level of 0.14 percent - well above the 0.08 percent legal limit for drivers.

Our Fort Lauderdale DUI attorneys know that in cases like this, the charge most commonly applied is DUI manslaughter, and conviction carries a 15-year prison sentence.

So the fact that he was arrested on this charge was unsurprising. However, this charge was later reduced to misdemeanor DUI.

It wasn't for lack of evidence. It wasn't because the driver wasn't intoxicated. It wasn't because the woman had died of other causes.

As it turned out, that Toyota that was involved was one of millions that were recalled by the auto giant for problems with sudden acceleration defects. You may recall, the vehicles were targeted amid countless claims that they were prone to speed out of control, without warning.

There was some debate about whether the issue was electrical or if it had more to do with sticky accelerator pedals and thick flooring mats that were becoming jammed underneath the gas pedals. Either way, a class action lawsuit late last year involving owners of some 16 million Toyota vehicles resulted in a $1.1 billion settlement.

In this case, defense lawyers never attempted to argue that the defendant was not intoxicated. Rather, the argument was that the crash would have occurred regardless of whether the defendant had been drinking. Yes, he was behind the wheel, but he did not cause this crash, defense lawyers argued.

It is worth pointing out that in 2012, the National Highway Traffic Safety Administration filed more than 650 vehicle safety recalls that affected some 18 million vehicles and equipment, including child car seats, tires, air bags, etc.

The potential for a manufacturer error or problem having contributed to a DUI crash is not one that can be overlooked by your defense attorney - who should be prepared to analyze every aspect of your case as you prepare for trial.

The same vehicle that had been involved in this fatal wreck had noted acceleration problems prior to this tragic incident. The year before the crash, it had suddenly accelerated and slammed through his home garage door.

The defendant had taken the sport utility vehicle to get fixed, but later a warning light on the dash warned him of a problem. He took it in for another look, but issues with accelerator would come and go.

In this incident, witnesses would later tell investigators that they heard the engine of the Toyota "racing." The defendant told police "the car just took off."

The defendant hired his own forensic engineer to conduct a separate investigation. That individual did find that this vehicle had issues with the throttle control module that could lead to unusual and sudden acceleration.

Initially, prosecutors struck down this theory. However, the high profile civil cases against Toyota made it difficult to ignore.

Plus, prosecutors recognized that proving the defendant was drunk wasn't going to be enough to win the case. They would need to prove that his actions were the cause of crash.

In this case, that would have been a difficult argument.

Palm Beach Hit-and-Run Driver Found Asleep in Car, Needle on Lap

Fri, 05 Apr 2013 08:03:48 -0500

A man suspected of involvement in a hit-and-run crash in Boynton Beach was discovered by police a short time later asleep in the parking lot of a large box store. Authorities say a heroin needle was found on his lap.

Our West Palm Beach DUI attorneys have learned investigators accuse the 33-year-old of weaving in and out of lanes shortly before noon on a Wednesday. It was around this time that he reportedly crashed into the rear of another vehicle. Thankfully, no injuries were reported.

However, the driver continued on without stopping, as required by law.

Florida Statute 316.062 holds that a driver of any vehicle that is involved in a crash which results in either injury or property damage must stop. Both parties are obligated to provide their name, address, vehicle registration number and exhibit his or her driver's license. He or she must also provide basic information to any police officer at the scene (though it's worth noting you do not have to answer any in-depth questions about where you were headed, whether you were drinking, etc.).

In this case, the other driver and his vehicle were in decent enough shape to follow the alleged suspect into a parking lot, where the individual parked his vehicle.

Officers arrived to find the suspect sleeping in the driver's seat of the vehicle, with the engine running. In his lap, he reportedly had heroin, a needle, cotton and a razor blade. When officers asked him about the accident, he indicated he was not aware he had been involved in one.

He was arrested on four charges, including heroin possession and leaving the scene of a crash.

Instances of hit-and-run and hit-and-run fatalities have been on the rise in both Broward and Palm Beach counties. A Florida Highway Patrol report in February indicated that Broward ranked No. 2 in all of Florida for hit-and-run crashes, increasing 8 percent in 2011 over the previous year. Miami-Dade was No. 1 for reported hit-and-runs, but Palm Beach too saw a slight year-over-year increase.

There are many reasons why a driver might flee the scene of a crash. Those include fear of repercussions for driving under the influence, operating a vehicle without a license or having warrants. Sometimes, as in this case, the individual may not have even realized he was involved in a wreck - not necessarily due to intoxication but because it was dark and they mistakenly believed they struck an animal or other object. In many cases, however, law enforcement is successful in locating their suspect.

Penalties for leaving the scene of a crash with property damage is two months; leaving the scene of a crash with injuries is five years; fleeing the scene of a fatal wreck can result in a 30-year prison sentence.

Usually those charged with hit-and-run are facing other charges as well. It is critical that you contact an experienced criminal defense attorney to reduce your chances of significant prison time and major fines.

South Florida DUI With Minor in Car Results in Tougher Charges

Tue, 02 Apr 2013 08:56:18 -0500

Several South Florida DUI cases recently have involved individuals who had children in the vehicle at the time of their arrest.

Our Fort Lauderdale DUI lawyers know that just by virtue of the fact that minors were in the vehicle, defendants are likely to face additional charges of either child neglect and/or enhanced DUI penalties.

While a DUI conviction alone may not impact your child custody, a DUI involving a minor in the vehicle most certainly could - even if the child in the vehicle was not your own. One of the best chances you have of protecting your rights is avoiding a conviction in the first place. You simply can not rely on a public defender whose experience is not focused in the area of DUI law.

One of the most recent cases involves a man who was stopped on Overseas Highway shortly before midnight, after officers reportedly clocked him traveling at speeds nearing 130 miles per hour. When the driver was pulled over, he was asked to step out of the vehicle and the deputy noticed there were three small children in the back of the vehicle.

The deputy indicated the man's demeanor was erratic, fluctuating from calm to aggravated. At one point, he allegedly "acted as if he were going to attack the deputy," the report indicated.

The defendant refused to submit to sobriety exams or a breathalyzer test. That means the case will be based primarily on officer observations of the defendant's actions, as well as any statements the children may have provided to investigators at the scene.

He was charged with three counts of DUI with a minor in the vehicle, three counts of cruelty toward a child, reckless driving and refusal to submit to a DUI test.

Florida Statute 316.193 holds that a person who is convicted of DUI accompanied by a person under the age of 18 will be punished by up to 9 months in jail and a $2,000 fine for a first offense. If the sentences in this case were to run consecutively, this defendant would be facing more than two years in prison - on those charges alone.

With regard to a charge of child abuse or neglect, Florida Statute 827.03 holds that a person may be convicted if he or she carries out an intentional act that could reasonably be expected to cause physical or mental injury to a child or who fails to provide a child with the necessary care, supervision or services necessary to maintain the child's health and well-being.

Traveling at speeds that high with young children in the vehicle - drunk or not - would likely meet this threshold.

Our attorneys would work to aggressively challenge as much of the evidence as possible.

In the event of a conviction, potential mitigating factors in these cases might include a lack of a prior criminal or traffic offense record, a low BAC, a display of cooperation and courtesy with officers, substance abuse treatment and/or character references from reputable third parties.