Broward DUI Lawyer Blog

Judge: 'Stand Your Ground' Law Not Applicable to FIU Stabbing Case

Wed, 22 Feb 2012 10:01:40 -0500

A recent case out of Miami shows that the controversial "Stand Your Ground" law in Florida isn't applied to every case of murder. The Miami Herald reports that a Florida International University student recently attempted to use the law to dismiss a stabbing charge to no avail.

Self-defense is a common charge in many types of cases, including charges of assault or battery. When a person faces a charge of battery in West Palm Beach, it often is related to some type of fight. In many cases, the defendant is a juvenile. West Palm Beach criminal defense attorneys know that these kinds of cases can carry tough penalties and can lead to an unwanted criminal record.

When law enforcement officers arrive at a scene where there has been a fight, sometimes it can be difficult for them to determine who was the aggressor and who was the victim. In many situations, officers won't even try to make that distinction and will end up arresting both suspects.

Self-defense isn't always an applicable defense, but it should be something to take into consideration when dealing with violent crimes. The Stand Your Ground law was put into place five years ago as a way to protect people who were being attacked from being prosecuted.

Before this law was in place, Florida only had the Castle Doctrine, which held that people could defend themselves in their homes -- their castle. This meant that if intruders broke in, a person could use deadly force to protect their families.

What Stand Your Ground did was expand that protection to outside the home. This means that if a person has a reasonable fear that their life is in danger or they feel they need to protect themselves from imminent threat, they can use deadly force.

What this doesn't mean is that someone can shoot or stab another person simply for getting a dirty look. They must have a better idea than that -- such as another person making threats or showing a weapon.

In the Florida International University case, the defendant is charged with a stabbing from March 2010. He was attempting to have the charges dropped based on the law. He and the 22-year-old victim were involved in a brawl on campus. In making the ruling, the judge found that the defendant didn't show he reasonably believed his life was in danger when he stabbed the man.

But while the judge ruled against the man's pre-trial request to have the charges dropped, he will still be able to present this defense to a jury. They may be able to decide whether he acted in self-defense or not. The news article suggests that after being ganged up on by a group of football players, the man ran and got a pair of scissors and came back to fight, stabbing the victim in the heart.

Police Look For Man Who Allegedly Committed Fort Lauderdale Theft At Airport

Fri, 17 Feb 2012 17:38:59 -0500

NBC Miami is reporting that authorities are looking for a man they say stole a watch from a security checkpoint at Fort Lauderdale-Hollywood International Airport.

Making the story a big headline is that the watch was a Rolex valued at nearly $6,500. These types of Fort Lauderdale theft cases can lead to serious charges if the person is apprehended.

A suspect facing these charges must seek an experienced Fort Lauderdale criminal defense attorney, who can ensure they get a fair trial, despite any pre-trial publicity.

In many of these theft cases, authorities rely on spotty video surveillance to bolster their case. Sometimes this video is grainy or taken from far away and not suitable for proper identification.

In other cases, the person simply made a mistake but realized that if they tried to correct the situation, they could end up facing serious criminal charges. Citizens know that the police aren't interested in hearing stories or excuses for crimes. Because authorities are likely to bring serious charges whenever they can, people are reluctant to approach them in situations like this.

According to the news report, a woman had placed her items in a bin in a security checkpoint January 18. She walked off to her gate and didn't realize her expensive watch was missing until she tried to check the time about 30 minutes later. When she told authorities, the watch was gone.

Video surveillance at the airport shows a man walking through a security checkpoint and putting his shoes and belt back on. In the bin in front of his is a watch by itself in the corner. After loading up his gatherings from several bins, including a laptop, the man grabs the watch.

Video taken just after he leaves the conveyor belt shows the man putting the rest of his belongings inside his backpack and walking off. No security guards at the checkpoint said anything to the man or attempted to stop him.

The news report states that police were able to follow him via video for a while, but don't know which flight he may have gotten on or who he is. Police began searching the terminal, but by the time they did, the man had left. Authorities are asking for the public's help in finding the alleged thief.

In a case like this, it's difficult to determine if the man simply took the watch by accident or if he intentionally attempted to commit a crime. Also, when property is found in public, it may be tough for the state to prove that the person has stolen it.

All of these issues must be brought up in defense of a client. Theft charges can range from shoplifting to burglary and robbery and can result in the potential of years behind bars. Therefore, a suspect should get a strong defense attorney who can analyze these issues from all sides.

Lake Worth Man Charged with Attempted Murder For Allegedly Trying to Run Down Ex

Wed, 15 Feb 2012 17:05:15 -0500

A 51-year-old man was recently arrested and charged with running over his ex-girlfriend's head with the back tire of his truck in West Palm Beach, The Palm Beach Post is reporting.

This incident has led authorities to charge the man with attempted murder in West Palm Beach after witnesses allegedly identified him as the man who committed the crime. This is a felony charge that could be punishable by decades in prison or even up to life behind bars in certain situations.

West Palm Beach criminal defense lawyers recognize that this is a serious charge, but it's one that has specific elements that prosecutors must meet. There have been numerous news stories where a person faces this charge, only to have it later dropped or reduced by prosecutors because the facts simply don't support it.

According to Florida Statutes 782.051, a person who is convicted of attempted felony murder has committed a felony that doesn't kill another person, but either seriously injures or put them at risk of death.

There is a fine line between a charge like attempted murder and charges such as aggravated battery or aggravated assault. These are other violent crimes, but proving a person committed a felony that could result in a person's death is sometimes a tough sell for prosecutors.

In this case, according to the newspaper, the man is being charged with striking his ex-girlfriend with a vehicle. Police said the woman was found with a portion of her ear nearly torn off as a result of the assault.

The woman was rushed to the hospital, and was treated for bumps and bruises. Authorities are saying the incident started when the couple go into an argument outside the home.

Witnesses said the man allegedly beat and choked Baran after he accused her of stealing money from him. The man then allegedly emptied the woman's purse into his pickup truck.

At one point, the newspaper reports, the woman was clinging to a window as the man backed up the truck. Police report that the man then pushed the woman out of the truck and she fell to the ground into the path of one of the truck's back tires. Witnesses said the man purposely backed over the woman, as the truck bounced into the air after striking her.

What must be considered here is that no witness can get into a person's head and know what their intent is. Witnesses can't know what a person's motive was or what they intended to do or not.

Witnesses with too much to say and not enough facts to back them up can be ordered by the court to tone down their testimony or not talk about certain things before a jury.

Often, it's important for an experienced Fort Lauderdale criminal defense attorney to look closely into these witness statements and determine whether a witness' words need to be censored in court or if they're even relevant to the case. Sometimes, these people can do more damage than good and the goal of everyone should be a fair trial. When the charges are so severe, it's critical these steps are taken.

Woman Blames Large Breasts For Inability to Perform Field Sobriety Tests in DUI Case

Mon, 13 Feb 2012 16:36:46 -0500

A woman in Port St. Lucie recently told officers she couldn't perform field sobriety tests due to the size of her breasts, the Miami New Times is reporting.

Certainly an excuse like this is going to make headlines and bring some unwanted attention to a DUI case. But what must be remembered in a strange case like this is that there are legitimate reasons why people can't perform field sobriety tests after they are pulled over for DUI in Fort Lauderdale.

Whether reasons based on the person's physical attributes or problems with the road conditions or weather, Fort Lauderdale DUI defense lawyers have represented clients who were unable to perform these tests that sometimes are crudely slapped together by officers.

According to the news report, the 49-year-old woman was pulled over by police after she allegedly was speeding and swerving over a double yellow line. When an officer approached her car, she said that she wouldn't perform a field sobriety test because she said her large breasts would get in the way.

The woman was pulled over around 9:30 p.m. one recent weekend night in Port St. Lucie. Officers had responded to calls from drivers stating that a woman was driving recklessly. A police officer reported smelling the odor of alcohol as he approached the car.

The man asked the woman to perform field sobriety tests, causing the woman to respond, "Hell no, not with these...not with (my) big boobies."

When a second officer requested the tests be done, the woman told that officer that being large-chested made walking difficult. The woman said she had whiplash, in addition to a big chest. Although, she did agree to perform the tests if an officer held her hand. When the woman allegedly tried to lift up her shirt to prove that her breasts were large, she was arrested and charged with DUI.

Only three field sobriety tests are sponsored by the National Highway Traffic Safety Administration: the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand. Most people recognize these from television police shows.

The Horizontal Gaze Nystagmus is a jerking of the eye consistent with a person looking side to side. Police will look for signs of impairment when asking a driver to look side-to-side while a bright light is flashed in their eyes. The walk and turn is most commonly recognized by the public as it's where a person is asked to walk, heel-to-toe in a straight line. Balance issues can cause a failure in this test as well as in the one-leg stand, which is self-explanatory.

Law enforcement officers who work traffic patrols end up hearing just about every excuse possible about why the driver can't perform the requested tests. However, there are sometimes legitimate reasons why a failure will happen.

If a person has balance or dizziness issues it could relate to larger medical or medical issues that go beyond any drinking and driving. And if drivers have knee or back problems, they may be unable to complete these tests as well. Police must take these things into consideration.

Rain, heavy winds and other weather conditions can also lead to a person "failing" the tests, but not because of their drinking. Often, these tests are done on the side of the road near slick grass or gravel, and people may slip -- not because they are legally drunk, but because of those conditions.

All of these issues must be explored when officers investigate someone for DUI in Fort Lauderdale. While a common charge, it is serious and can lead to major consequences. That's why an experienced DUI defense lawyer should be hired to look at all aspects of the case.

Fort Lauderdale Burglary Leads to Arrest of Teens Caught on Tape

Fri, 10 Feb 2012 12:57:29 -0500

Two teens now face juvenile charges in Fort Lauderdale after investigators believe they were responsible for committing a burglary in which police are relying on video surveillance, CBS News reports.

Sometimes teens make mistakes. We've all been there. But as time has gone by, police, judges and prosecutors have taken a more hardline approach to these situations. Instead of warnings, having the teen talk with the store manager and other non-criminal proceedings, officers today are trained to make arrests.

This can be damaging to a juvenile's future. But the officer is trained not to take those things into consideration. Fort Lauderdale criminal defense lawyers have seen how an arrest of a teenager can cause them future problems. For one, it can make finding a job more difficult. And, with criminal charges on their record, they may find it tough to get into college.

If teens are charged in the juvenile court system it may be easier for them to keep these records hidden. If they are charged as an adult, it's much more difficult. But in either situation, a conviction can be damaging.

As in any criminal case, the facts that are presented and the witnesses who are used by the state are critically important. And similar to other types of criminal cases, the consequences can lead to major problems in the future. That's why an aggressive defense is necessary.

In this case, CBS News reports, two teens have been charged with burglarizing an electronics store in Fort Lauderdale. Surveillance video allegedly shows a 15-year-old boy dropping from the ceiling after traveling through an air duct system.

The teen found a loaded gun that was found inside the store and fired it. He then realized he was stuck inside the business. The alarm was triggered and video shows an officer looking around the front of the store and then leaving.

The news report states the teen then crawled out through the front door then returned with a friend. The two then allegedly rifled through the store, loading up on iPhones and iPods and other electronics equipment.

Both suspects -- 14 and 15 -- were charged with burglary. One of the boy's mothers said she found a stolen laptop and returned it to authorities. She told the news station she hopes that her cooperation will help a judge show mercy.

But what parents sometimes don't understand is that admitting to fault can actually hurt their child's case. The best chance they have is to fight the charges. Making admissions will only give the state and judge a better chance to come up with harsh penalties.

Many parents believe that not cooperating with police will make a judge be more harsh in sentencing. But judges understand that the criminal justice system is adversarial and they shouldn't use this against the defendant. While the juvenile justice system is geared toward helping rehabilitate the teen defendants, the criminal justice system is about punishment.

If a parent hurts their child's case by providing police and prosecutors with key facts and evidence, it could very well result in a criminal conviction.

Polo Magnate's Efforts to Get DUI Manslaughter Trial Moved From Palm Beach Denied

Mon, 06 Feb 2012 11:59:13 -0500

Our Broward DUI Lawyer Blog has continued to follow the saga of the DUI manslaughter charge revolving around the Wellington polo magnate.

The Palm Beach Post recently reported that the man attempted to have his upcoming March trial date moved because of the pretrial publicity involved in the case. Attorneys for the man argued that newspaper and online news coverage of the case has corrupted potential jurors.

DUI manslaughter in West Palm Beach is a major charge and when a celebrity or well-known person in the community is involved, it can make it a big media case. As West Palm Beach DUI defense attorneys know, when the news media is involved, it can cause big problems.

For one, as this defendant's attorneys have pointed out, pervasive news media coverage from the time the accident happened, through every court hearing and up until the trial can cause prospective jurors to be influenced. This influence may not be at the top of a juror's mind, but once they start hearing facts, it can jog their memory and cause them to have biases against or for the defendant.

Media coverage has featured drug use, wild accusations and other reporting that will never make it into a court of law and should not be part of the jury's decision-making process.

In situations like this, an experienced lawyer may believe that local jurors simply can't be fair and impartial to sit on the jury. The attorney can argue before a judge that the case needs to be moved. And while judges may be hesitant -- it costs money, creates hardships and is a hassle -- it may be necessary.

If the judge doesn't agree to a new venue, the attorney must prepare for an extensive jury selection (and the issue can also be ripe for appeal). Attorneys on both sides are able to inquire of every prospective juror to weed out people who may have read or seen details about the case ahead of time.

If people have this knowledge, it can influence their decision. A juror is instructed by the judge to make their decisions based solely on the law and the facts and not outside influences.

In this case, the defendant is charged with driving drunk in February 2010 and crashing into another man's vehicle. The driver of the other vehicle eventually drowned after landing in a canal.

The case has received media attention based on the case and also because there is a companion civil case ongoing with the victim's family.

As the media attention grows, it will be critical for him to get a fair criminal trial. That means eliminating all biased jurors and those who have read about the case and formed opinions.

Pompano Beach Man Charged With DUI Manslaughter a Day Into Probation

Fri, 03 Feb 2012 11:30:51 -0500

A 37-year-old man was recently arrested and charged DUI manslaughter in Pompano Beach after allegedly causing a fatal accident, the Sun Sentinel is reporting.

The newspaper reports that the man was one day into probation on an unrelated crime, court records show. This fact could make the man's life much more difficult as he now could face a probation violation charge as well as the new DUI-related charges. He will require the skills of an experienced Fort Lauderdale DUI defense lawyer, who can look at all the facts and defend his rights.

When a person dies as the result of an accident, law enforcement officers are often quick to blame the surviving driver. But that's not always a sound decision. There have been examples of a surviving driver actually being the victim even if the other driver dies. And even if the survivor had been drinking, they may not be at fault.

This shows that police detectives have a lot of things to take into consideration when they are investigating a fatal car crash. Every day, sober drivers cause crashes that do damage and kill other people, so it's certainly feasible that even a drunk driver could be the victim.

in this case, the man was charged with DUI manslaughter, driving with a suspended license and two counts of DUI causing serious bodily injury. In the crash, a 22-year-old woman died.

According to the newspaper report, the man's 35-year-old passenger was sent to the hospital in critical condition after the SUV they were in T-boned the woman's car in Pompano Beach. The woman had been driving north on I-95 and took the exit ramp at Atlantic Boulevard. She was pronounced dead at the scene. The passenger in her vehicle was rushed to the hospital.

The man is being held without bond because he was arrested while on probation. Court records show he was put on probation for an unrelated charge of battery on a person 65 or older. The judge also ordered no contact with either the victim in his car -- his fiance -- or the victim in the other vehicle.

The judge put that condition in place because both victims could be called as witnesses against the man if the case goes to trial. At first appearance, the judge pointed out that the man has a history of DUI-related crimes in his past, which led to a $235,000 bond on the crash charges.

A new arrest is going to open up the person to a possible prison sentence and now that the man faces major felony DUI manslaughter charges, he's looking at the potential to spend two decades behind bars. DUI-related charges are taken seriously by judges and prosecutors, so defendants must be well-represented.

There are defenses, as scene reconstructionists can look at whether police did their jobs the night of the crash. Also fighting the DUI aspect of the charge is important. If the state can't prove the person was legally drunk, they can't prove DUI manslaughter. There are defenses to every case and an aggressive DUI defense lawyer will know what to look for and how to find them.

March Trial Date Set for Wellington DUI Manslaughter Case

Fri, 27 Jan 2012 13:28:58 -0500

A polo mogul charged in connection with a 2010 Wellington DUI manslaughter accident found out recently his trial date has been set, NBC News reports.

DUI manslaughter is the most serious DUI-related charge that a driver can face in Florida. Our West Palm Beach DUI defense lawyers understand the seriousness of the charges and fight for drivers facing these charges frequently.

In Florida, a conviction for a DUI manslaughter charge can result in a 15-year prison sentence. That's the maximum sentence, but judges have discretion to sentence anywhere in between. Other factors, including proven actions of the defendant or accompanying charges, can increase the sentence.

Undoubtedly, these are among the most emotional cases because any time a life is lost, it will be a case that family members on each side will attend. Though both the family of the victim and defendant can sympathize with the loss of a life, they obviously have different interests and that can make emotions run high.

In this case, according to the news station, the defendant is charged with causing an accident that knocked a 23-year-old driver into a canal. The crash caused him to drown at the scene. Police allege the man who caused the accident drove off.

According to previous news reports, the man is charged with running a stop sign and causing the accident. The victim's car was turned upside down in a canal, leading to his death.

The driver faces charges of DUI manslaughter, vehicular homicide and failing to render aid. The DUI manslaughter and vehicular homicide charges both carry potential 15-year prison sentences, though the defendant can't be convicted and sentenced on both charges.

Some have questioned why a trial for this man hasn't already happened, but any experienced West Palm Beach DUI defense lawyer will tell you that these complex matters take time. While family of the victim may say that this is posturing by the defense, but it truly is not.

When a person's liberty is at stake and another person has died, these matters can't be rushed. The reports from police must be carefully studied and witness testimony must be scrutinized. Depositions are scheduled and compared to what was said previously to police.

Perhaps the longest delay is lab work sent to state-run laboratories that often takes months to come back to prosecutors, who then must send it to the defense. Often, these results must be challenged through expert witnesses. The entire process may seem long to onlookers, but it simply takes time to complete.

Any person who could end up facing a criminal charge would want the same consideration. While members of the public who have never faced a criminal charge sometimes want a person convicted right when they see an arrest made, if the shoe was on the other foot, they may not have the same opinion.

Former Congressman Mahoney In Court on Palm Beach Gardens DUI Charge

Thu, 26 Jan 2012 14:07:08 -0500

Former U.S. Rep. Tim Mahoney was in court recently to defend himself on charges after he was arrested last summer for DUI in Palm Beach Gardens.

According to The Palm Beach Post, Mahoney was arrested in August after police allegedly found him asleep at the wheel of a car around 3 a.m. one morning. Our West Palm Beach DUI defense lawyers have been following this case since it happened.

While the former politician will no doubt get attention because of his name, what's unclear is whether he will get a fair trial. Pervasive media attention can often be disruptive for a criminal defendant, even in a case of DUI.

The more news reports, the more potential jurors in the public will see what the media is reporting -- which is rarely the full truth -- and that can lead to biased jurors. While not every case goes to trial, this coverage can influence judges as well. Though they are sworn to be objective and not let bias creep in, they pay attention to what's being said in the community as well. And they are elected officials, remember.

According to NBC News, Mahoney's DUI defense lawyers revealed in court that they have motions they plan to file before the trial date, which is scheduled to be determined in March.The case is an interesting one based on some unique circumstances.

According to The Palm Beach Post, Mahoney was arrested after a North Palm Beach police officer saw Mahoney's car stopped on an access road. The stop was made near the corner of PGA Boulevard and U.S. 1. Because the former congressman was actually outside of the officer's jurisdiction, he called Palm Beach Gardens Police.

An officer arrived and conducted an investigation, which led to Mahoney being charged with DUI. In November, his lawyers got permission to take depositions of up to seven police officers that Mahoney talked with that night.

Several points are interesting in this situation. First off, Mahoney wasn't actually driving the vehicle when police pulled over to check the vehicle. Mahoney told the media that he made a decision not to drive. Second, the officer that initiated the investigation had no jurisdiction because of where Mahoney's vehicle was, so that should be looked at as well.

The main lesson here is don't speak with police without your lawyer. Time and time again, we see suspects making admissions to the police and it doesn't get them out of the charge. In fact, it simply strengthens the ability of the police to file charges and for the prosecution to get a conviction.

At the time of arrest, a suspect can't know what evidence the police have against them. But making a statement is almost never going to help. In fact, it usually strengthens the state's case. Don't say anything, invoke your right to silence and call a West Palm Beach DUI defense lawyer.

Report: FDLE Employees Paid to Get Drunk to Test Fort Lauderdale DUI Breathalyzer

Wed, 25 Jan 2012 12:55:42 -0500

The battle rages forward on Florida's west coast, where defense lawyers continue poking holes into the usefulness of the state's breathalyzer machine used in Fort Lauderdale DUI cases.

Now news coming out of Sarasota shows that the Florida Department of Law Enforcement is so desperate to prove their breathalyzer machine works that they spent $8,000 to get their employees drunk to test the machines. But the unscientific study has yet to sway judges that the machine actually works.

Our Fort Lauderdale DUI defense lawyers believe this shows how desperate the state's law enforcement agency is to get these poorly working breath machines to be accepted by courts statewide. The battle has been especially intense in Sarasota, where judges and prosecutors have tossed out breath test results after studies have shown they were unreliable.

Real testing by experts showed that the machines, when properly examined, showed that drivers could blow 12 liters of breath in the machine, though the human lung capacity maxes out at around 5 liters. That shows the test results are impossible, which brings into question the blood-alcohol level results for thousands of drivers who have been charged with DUI there.

And that means that drivers throughout South Florida should be skeptical of these machines. They are designed to reflect the blood-alcohol level of the driver who is stopped by police. But, as some have pointed out, these machines can't measure the blood-alcohol level, but only can estimate what it is. Without a sample of blood, a person's breath can't be accurate anyway.

In Florida, FDLE regulates the use of breath machines for officers and has only certified one -- the Intoxilyzer 8000 -- as useable by police. And because of the questionable results, attorneys statewide have been fighting their accuracy on behalf of DUI defendants. The company that makes the device has been fighting judge's orders that allow DUI defense lawyers to see how they work, claiming it would leak their trade secrets to the public.

According to the Herald-Tribune, FDLE spent $330 on whiskey, other booze, mixers and snacks in order to have their employees get blitzed and blow into the machines. There blood was also drawn to compare to the breath test results. The study, overall, cost $8,000.

In October, the newspaper reported that flawed machines were staying in operation for years without checkups or maintenance -- dishing out impossible results all the while. In about 100 cases, DUI defendants had those breath test results tossed out, leading to dropped or reduced charges. But for hundreds or even thousands more, they can't know whether the tests in their previous case would have changed if this information was known ahead of time.

Judges seemed skeptical of using the information, in part because the lab work wasn't done. Some DUI defense lawyers, the newspaper reported, argued that there was nothing scientific about the study and it doesn't address the problems.

Man Charged With DUI Manslaughter Ordered to Stay in Miami, U.S.

Sat, 21 Jan 2012 09:24:11 -0500

A judge recently ruled that the man charged with DUI manslaughter in a crash that killed a Miami Heat dancer must stay in the country permanently, NBC Miami reports.

DUI manslaughter in Fort Lauderdale is a major felony charge because it deals with the death of another person the accused was operating a vehicle.

Our Fort Lauderdale DUI defense lawyers have used our experience to defend many DUI cases, including those involving deaths. Often, these are the most emotional cases and it is important that jurors, judges and prosecutors make decisions based on the facts and the law and not emotion.

It is often the job of an experienced lawyer to present the facts in a case and ensure that a trial stays on track and isn't derailed by anything but the evidence. A defendant requires a fair trial, every time, without fail.

A 43-year-old man was charged in September 2010 after his car collided with a woman's motorcycle, ridden by a 22-year-old Miami Heat dancer.

The man recently requested permission to travel to Mexico City on behalf of his Fort Lauderdale insurance brokerage firm. But a judge ruled that he is not allowed to leave the country, even for business purposes.

Police say the man swerved into her lane, killing her. The man allegedly told police he had two vodka drinks while he was out before the crash. The woman died at the seen.

There are a few lessons that should be taken from this situation. The first is that accidents happen. People get into vehicle accidents on a daily basis and often they are the result of poor driving habits, including being distracted -- talking or texting on the phone, trying to eat and drive, apply makeup or change the radio station.

Sometimes, they are blinded by oncoming headlights or have a vehicle malfunction that causes a crash. Often, a medical problem can be the reason for the accident, too.

Even if a person has had a drink or two, it doesn't mean they were driving drunk. The state must prove that the alcohol in a person's system was the reason for the crash, and that can be difficult.

The other thing to keep in mind here is that while people who have had a drink or two can sometimes cause accidents, so can the victim, especially a motorcycle rider. Many motorcyclists ride far too fast and use aggressive driving habits, which can lead to accidents as well.

Law enforcement officers must not make assumptions that lead to major criminal charges. They must fully investigate and look at all angles and not just the ones that seem obvious. In traffic accidents especially, there is often more than meets the eye.

Dune Buggy Police Chase Leads to Boca Raton DUI Charges

Thu, 19 Jan 2012 10:06:08 -0500

Two men now face charges of DUI in Boca Raton, as well as drug possession after allegedly being involved in a chase with police, ABC News reports.

DUI in Boca Raton and elsewhere can lead to serious penalties. But it doesn't have to. An experienced Boca Raton DUI defense lawyer recognizes that for many people, this is their first time in the criminal justice system.

It can be terrifying and many defendants have a lot of questions and wonder what could happen to them. Answers depend on what evidence the police were able to get against the defendant, but that's not the whole story.

A skilled DUI defense lawyer looks beyond the police reports because sometimes the personnel issues of the officers involved can be a factor. Eye witness accounts, which may differ from what law enforcement officers say happened can often benefit the defendant as well.

There are many aspects to these cases that must be explored because the defendant requires a fair trial and a competent defense lawyer who can look at all the evidence and see where the prosecution's holes are.

In this case, ABC News reports that two men were on a dune buggy in a restricted construction zone that was unlit one recent late night. An officer pulled up to the work site and shined a spotlight on the dune buggy, which caused the two men to turn around and drive off.

The officer caught up with the men and pulled them over. Once the officer was able to talk with the suspects, neither had a weapon, but one of the men admitted to having marijuana in his possession.

The driver, who allegedly failed a field sobriety test, was charged with DUI. His friend faces a charge of drug possession.

What will be interesting to see in this case is whether the friend's observations of the field sobriety test being failed were the same as the officer's observations. Field sobriety tests and whether a driver passes or fails can be very subjective.

A police officer is trained on how to administer them, but most people in public can see whether a person is failing or passing a test. Most sober people can walk, heel-to-toe in a straight line and stand on one leg. It's obvious when someone fails or passes.

And, in this case, the reason for the initial stop should be looked at as well. Are police saying they had probable cause for the stop because the dune buggy was in a restricted construction zone? There are many four-wheeler riders who enjoy their machines on restricted land and in rural areas that are off-limits. Police know they're out there, but they don't bother them.

It will be interesting to see why police were called out there in the first place and all the events that transpired from the start to the arrest. Sometimes, what police say happened isn't the whole story and it takes a trial to uncover all the facts.

Car Chase Leads to Two West Palm Beach Arrests, Three Injuries

Wed, 18 Jan 2012 10:42:21 -0500

A recent West Palm Beach car chase led to two people being arrested and three people being injured, The Palm Beach Post reports.

Car chases with police can be very dangerous because suspects are often forced to drive at high rates of speed through crowded streets, putting them and others in danger. These chases are initiated by police officers, who sometimes have little reason to pursue suspects or violate department policies in conducting chases.

Our West Palm Beach criminal defense lawyers recognize that these chases can be extremely dangerous and can also lead to additional criminal charges.

In this case, The Palm Beach Post reports, two men were arrested after three people were injured following a chase and crash in West Palm Beach. The newspaper states that the 28-year-old driver, from West Palm Beach, now faces charges of fleeing and eluding, resisting an officer without violence, leaving the scene of an accident with injuries and driving with a suspended license.

The 20-year-old passenger is charged with resisting arrest without violence.

Police say an officer was responding to a call around midnight when the officer spotted a car running a stop sign. As the car headed north, it allegedly ran through another stop sign, heading north on Interstate 95.

As the officer followed, the vehicle drove south in the northbound lanes before heading through several stop signs and hitting a vehicle, causing the other vehicle to roll over. The story doesn't state when the chase began, however.

Police say the driver continued driving toward a residence and jumped out of the car when police caught up to them. They report the passenger threw himself to the ground, but wouldn't comply with orders from officers.

The driver allegedly ran away from police, but was later apprehended.

It may be tough to make a case against the passenger in this situation. Obviously, because he wasn't driving, it would be hard to charge him with participating in the pursuit. The fact that he gave himself up shows he was cooperating with police. If being injured in a vehicle collision and simply asking police not yank his arms behind his back and into handcuffs is a crime, most people in that situation would be charged.

As for the driver, the charges he faces show that the primary charge he was worried about was driving on a suspended license, which is no reason for a police chase. Now, both men face serious charges that require a strong defense.

An experienced West Palm Beach criminal defense attorney would advise clients never to engage in a high-speed police chase because not only does it put the driver and passengers at risk, but also other drivers, pedestrians, the police and others in harm's way. It will also always lead to more criminal charges. If someone is injured or killed, even the officer doing the chasing, the suspects can be charged with that death. It is a slippery slope that should be avoided at all costs.

DUI Manslaughter, Vehicular Homicide Charged in Fatal West Palm Beach Accident

Tue, 17 Jan 2012 14:55:22 -0500

The Palm Beach Post reports that a Lake Worth man is sitting in jail on a $1 million bond after he allegedly caused a DUI accident at a West Palm Beach club.

Vehicular homicide and DUI manslaughter are similar charges, with the major difference being that in DUI manslaughter in West Palm Beach, the prosecution must prove that the driver was under the influence of drugs or alcohol at the time of the crash, which can be shown either by a blood alcohol level of 0.08 or higher or by proving the person's "normal faculties" were impaired.

The difficult thing here is that in Florida, prosecutors are able to bring both charges in cases where one person dies. This allows them to present evidence that the defendant either caused the crash that resulted in the death through reckless driving or that it was the influence of alcohol that led to the crash.

Essentially, in the opinion of most West Palm Beach criminal defense attorneys, the state gets two bites of the apple. The are allowed to present two theories of facts against the defendant, who is stuck defending both, although a person can't be convicted of both counts if one person dies.

If the state isn't able to show the defendant was legally under the influence of alcohol or drugs through breath testing, field sobriety tests, blood tests or other means, they can always fall back on the idea that the driver operating a vehicle recklessly, which caused the accident.

In this case, the newspaper reports, a Lake Worth man driving into the parking lot of a West Palm Beach club allegedly pinned another man under a car, killing him. The 26-year-old driver now faces charges of DUI manslaughter, vehicular homicide, two counts of DUI causing personal injury and four counts of DUI causing property damage. The man also faces a charge of causing a death while driving without a license.

Three men were standing in the parking lot of the club when the vehicle approached them. The vehicle struck all three men -- cabbies -- as well as the car in front of which they were standing. The vehicle then struck two other parked vehicles and allegedly pinned another man beneath it as it came to a rest.

The article states that deputies believe either drugs or alcohol were a factor, though the article doesn't explain how detectives came to this conclusion. It's unclear if breath testing or field sobriety tests were conducted at the scene.

In many cases, however, an accident is just that, an accident. Law enforcement often tries to make a simple mistake into a criminal offense and sometimes a West Palm Beach DUI defense attorney must be called to show a jury that's what really happened.

These charges should be defended aggressively, especially given the extensive penalties that death-by-vehicle cases can lead to. Juries must be informed to take all facts into consideration, not just the ones put out by police in the initial report.

Boca Raton Woman Arrested on Domestic Violence Charge Over Parking Spot

Sun, 15 Jan 2012 13:59:51 -0500

More strange news out of South Florida after a 33-year-old woman was charged with domestic violence after her boyfriend missed a parking spot at a mall, ABC News reports.

Domestic violence in Boca Raton is a daily occurrence and yet police are often tasked with the difficult job of determining who was the aggressor and who was the victim. In cases where both people have cuts, bruises and scrapes, who should an officer trust?

Boca Raton criminal defense lawyers believe that it's difficult to make a snap judgement like that, especially when it's likely that one of the two people may be lying in order to avoid criminal charges. Far too often, if a man and woman get into an argument and the two turn their aggression to physical threats, the police will assume the man is responsible and charge only him.

This can happen even in situations where both the man and the woman have marks showing them have been in a tussle. Even in cases where there are no other witnesses and it's literally he said vs. she said, police will often make an arrest simply to assure there are no more flareups that turn worse.

But not in this case recently in Boca Raton. According to the news channel, a man and women were driving to the Town Center at Boca Raton. They were circling the crowded parking lot, looking for a free space to park.

The man was driving his girlfriend's car and as he missed a spot, the woman allegedly threw a cup of water at him and then slapped him several times, according to law enforcement officers.

According to the 33-year-old woman's arrest report, the man was wet and had red markings on his face when officers arrived at the scene.

This is certainly a strange case and it would appear that the man called police, though the news article doesn't specifically say that. This may be one of those situations where the victim/suspect was obvious to police, but that's not always the case.

In situations where people seek domestic violence injunctions, a Boca Raton criminal defense attorney should also be consulted. A person can be a temporary order with little evidence, though the person who the order is against gets notice and can appeal.

Legal representation is key in these situations because persuading a judge means the difference between an order being granted or denied. These orders can severely inconvenience a person's life because they typically restrict how close a person can get to the victim as well as whether they can contact them at all, either directly or indirectly.

For couples who have joint children or friends in common, this can be difficult. It also creates a stigma against the defendant, even if the facts are exaggerated. The standard of proof in these cases is low and simply convincing a judge to sign the order is all that takes to put one in place. Violating an order can lead to criminal charges, even if there aren't any charges currently in place.