Tampa DUI Lawyer Blog

Florida DUI Defense Lawyers Whittel & Melton :: Lost Star Matthew Fox Arrested for DUI

Tue, 08 May 2012 13:20:34 -0500

Matthew Fox was apparently arrested on suspicion of driving under the influence in Oregon on Friday.

The Lost star was cited at 3:23 a.m. and had a passenger in the vehicle with him, according to TMZ.

Fox was apparently pulled over for failing to maintain a lane and failure to signal. He was arrested on the scene after the officer allegedly determined he was intoxicated.

TMZ claims Fox was on his way to a fast food restaurant at the time of his arrest.

He was taken into custody and released later that day.

Fox is apparently due back in court in June.

All DUI arrests begin with a suspicion, or a reason to stop your vehicle. A police officer must have a reason to pull you over, and common causes may include the following:

• Broken Vehicle Lights

• Suspicious Behavior such as Weaving, Swerving, Failure to Maintain a Single Lane, etc.

• Unreadable License Plate or Tag

• Reckless Driving such as Failure to stop at Stop Signs, Speeding, etc.

It is important to understand that police stop drivers all the time, even those who are within the legal limit to drive. Regardless of guilt, this can place you in a stressful situation and may result in an arrest that will cost you money, time and frustration. In order to decrease your risk for being stopped by law enforcement in the first place, it is best to make sure that you are able to operate your vehicle safely. Always make sure you signal properly, your lights are on and avoid speeding or executing quick turns. In addition, limit the number of distractions in your vehicle. If you are stopped for a suspected DUI, try and remain calm and have appropriate documents ready for the police officer.

Under Florida Statutes, courts are generally required to impose a driver’s license suspension, a large fine, at least six months of probation as well as DUI school as part of the sentence for a first DUI. It is for these reasons that it is crucial to take a DUI arrest seriously and hire an experienced DUI attorney to protect you.

Florida DUI Defense Lawyers Whittel & Melton :: Cinco de Mayo DUI Checkpoints to Increase Nationwide this Year

Thu, 03 May 2012 17:51:10 -0500

Ready for a fiesta this Cinco de Mayo? Then be prepared for DUI checkpoints and increased patrols nationwide.

This year, Cinco de Mayo falls on a weekend, a first in five years. Because of this, many law enforcement agencies are setting up DUI checkpoints to start Friday night, possibly earlier.

Police will be implementing all sorts of tactics this weekend - stationary checkpoints being just one of the tools used to make sure drivers are sober.

In fact, police in San Francisco will be on motorcycles this weekend performing mobile Cinco de Mayo DUI patrols around the city.

Likewise, mobile patrols may be used this weekend in the 11 states where DUI checkpoints are not conducted because of legal limitations.

For states like Florida, where DUI checkpoints are increasingly common, courts generally uphold such checkpoints, if they're conducted properly. A DUI checkpoint should entail:

• A neutral formula for choosing which vehicles should be stopped. For example, every fourth vehicle that approaches the checkpoint.

• A limit in duration, with the main focus being on public safety.

• Advanced notice, so that the checkpoint is less intrusive.

According to the Centers for Disease Control and Prevention, DUI checkpoints reduce drunken driving-related crashes by around 20 percent.

Another factor to consider regarding DUI checkpoints, Cinco de Mayo checkpoints included is that they are generally conducted at night. Why? According to the National Highway Traffic Safety Administration, drunken-driving fatalities are about four times more likely to occur at night than during daylight hours. Additionally, more than 30 percent of fatalities that take place on weekends involve intoxicated motorists.

Sobriety checkpoints are set up by law enforcement at various locations to stop traffic and test for possible drunk driving. These stops are designed to see if the person driving is under the influence of alcohol or drugs. In Florida, these checkpoints are implemented throughout the state in different cities as a means to prevent drunk driving through the use of random locations and stops. However, police must adhere to strict guidelines when setting these checkpoints up, and if any violations occur, this can aid in your defense against any charges brought against you during one of these sobriety checkpoints.

It is important to realize that every DUI charge is different, so it is best to consult with the Florida DUI Lawyers at Whittel & Melton after being arrested for DUI. By acting fast, this enables us to conduct a full investigation into the complete procedure that was used to arrest you for drunk driving. Every single step of the process, including where and how the roadblock was set up, the field sobriety test, the actual arrest and blood alcohol testing, must all meet the terms of strict protocols. Failure by law enforcement to follow these policies at any point can create a defense for you against DUI charges.

Gainesville DUI Defense Lawyers :: Man Accused of Leaving the Scene of an Accident Tells Police He Fled to Avoid Having another Kind of Accident

Thu, 26 Apr 2012 15:03:07 -0500

A 29-year-old Gainesville man allegedly told police he fled the scene of an accident Tuesday because he was afraid of having an accident of another kind.

The man’s car apparently rammed into another vehicle and some newspaper boxes at about 7:15 a.m. on Tuesday.

According to police, the man fled the scene and was found a few minutes later at a nearby Walmart store.

Police claim his breath and clothing smelled of alcohol and his eyes were bloodshot and watery.

According to the report, he declined a breathalyzer test and told police he was not aware he had hit someone and had pulled into the next stop to use the bathroom.

He was charged with DUI, hit and run and leaving the scene of an accident involving injury.

It is illegal in the state of Florida to flee the scene of an accident without leaving proper identification and insurance information. In an accident resulting in injury or death, you are required by law to stop and provide aid. Failure to abide by these laws can result in criminal charges being filed against you.

Leaving the scene of an accident is a criminal offense carrying varying penalties depending on the specifics of the situation. When combined with a DUI charge, the penalties can increase vastly. For the prosecution to prove guilt in a case like this, they must prove the following beyond a reasonable doubt:

• The accused was driving the vehicle

• The accused caused the auto collision

• The accused was aware or should have been aware an accident took place

• The accused had an unlawful blood alcohol concentration or had normal faculties that were
impaired by drugs, alcohol or a combination of these

• The accused intentionally fled the scene of the auto accident without rendering aid or exchanging information with other parties involved

Penalties associated with charges like these can result in prison time, license suspension and heavy fines. If you have been involved in a drunk driving incident, it is imperative to have a Florida DUI Defense Lawyer on your side to take the proper steps to try and improve your unique legal situation. At Whittel & Melton, we can conduct a thorough investigation on your behalf in an effort to reveal any points that may be used in your favor. Whether your case can be negotiated out of court or demands a trial, we can act in your best interests and fight to protect your rights.

Tampa DUI Defense Lawyers Whittel & Melton :: Bond Reduction Filed for Rays’ Pitcher Matt Bush Accused of DUI Hit-And-Run

Mon, 16 Apr 2012 21:02:32 -0500

Tampa Bay Rays pitcher Matt Bush is currently being held in Charlotte County Jail on $1.015 million bond facing seven charges following his arrest on March 22 when police claim he hit the motorcycle of a 72-year-old man and fled the scene.

Due to the extremely high amount of bail set for the baseball player, his attorney has filed a motion for a bond reduction hearing, currently set for April 23 in Punta Gorda.

The motorcyclist Bush allegedly hit suffered serious injuries and was in the intensive care unit of Lee Memorial Hospital for a couple weeks. He was released from the hospital last week.

Police claim Bush was involved in three hit-and-run accidents on March 22, including hitting a light pole in Sarasota. Bush is accused of driving a teammate’s 2011 Dodge Durango when he hit the motorcyclist and drove away.

After police caught up with the man, it was apparently found his driver’s license was suspended. Police claim he had a blood alcohol level of .180, more than double the legal limit.

The Rays have apparently placed Bush on the restricted list, and his attorney claims it is unlikely he will receive a paycheck this year.

When a person is charged with a crime, such as DUI Hit-And-Run or DUI Serious Bodily Injury, there is a bond hearing where a judge handling procedural duties will set the amount of bond for a person. This is the amount of money a person charged with a crime must pay to the court in order to await a trial out of jail. Should your bond be set at a number that you cannot pay and you meet the requirements for a bond reduction, a bond reduction hearing can be scheduled.

The original bond hearing only allows for the police and prosecutors to tell their view of what happened, and a bond reduction hearing can give the accused a chance to share their version of events. The end goal is to have the amount of bond reduced to a reasonable level that allows the accused to be released from jail while awaiting trial.

No matter what has occurred and what the causes are, if you are accused of DUI you have the right to responsible legal counsel. The Florida DUI Defense Lawyers recognize the anxiety you may be facing due to your situation and can help during this difficult time. Often, a DUI Lawyer can compel a judge to reduce a high bond amount so that you can be released on your own recognizance. At Whittel & Melton, we can gather appropriate evidence that supports the unlikelihood of you fleeing the state. We can answer your questions and discuss the options available to you so that you can begin to turn this bad situation around. As trial attorneys, we can take the time to fully learn about you and your case so that we can boldly present your case to the court.

Florida Drunk Driving Defense Lawyers Whittel & Melton :: Lantana Police Chief Fired Following DUI Hit-And-Run Arrest

Tue, 10 Apr 2012 10:41:01 -0500

Town officials in Lantana, Florida have taken immediate action against the 51-year-old police chief arrested Wednesday afternoon on charges of drunken driving and hit-and-run, firing him less than 24 hours after his arrest in Boca Raton.

The termination letter claims the man violated at least five department rules when he allegedly crashed an unmarked police car into an unmarked car of a Palm Beach County Sheriff's Office deputy, who stopped in front of him at a traffic light.

Police claim the man drove off, but eventually stopped after the deputy tailed him with his emergency lights on.

According to his arrest report, the man was driving a department-issued Ford Explorer at the time of the crash and smelled like alcohol.

The former chief apparently told Boca Raton police he was driving back from the doctor’s office, but was unable to tell police his route.

He allegedly refused a sobriety test, but agreed to a breath test, which showed his blood-alcohol level at 0.22 and 0.23.

Investigators claim they recovered a metal coffee cup in his car with a red liquid that smelled like alcohol.

He was transported to the Palm Beach County Jail and booked around 6 p.m. Wednesday and released several hours later with no set bail.

The man has no criminal history in Florida and no disciplinary history as a police officer.

By 11 a.m. Thursday, town officials fired the man ending his two-year stint as Lantana’s police chief.

In the termination letter, he was accused of behaving recklessly and negligently with town property, using town property unsafely or without authorization, off-duty abuse of alcohol and driving a town vehicle while intoxicated.

A police officer convicted of DUI is required by the state to undergo substance-abuse counseling and can be banned from working in law enforcement for up to a year. This can depend on the person’s blood-alcohol content and if there was any property damage or injuries. Panelists decide what consequences are delivered to police officers accused of crimes in disciplinary hearings held across the state.

After a police officer or any other law enforcement official has been charged with a crime, it is vital they speak to a criminal defense lawyer as soon as possible to be assured their rights remain protected. Prosecutors with the State tend to handle these cases aggressively in order to prove to the public that the officer is not above the law. Outside pressures to make an example out of a “law-breaking cop” can cause prosecutors to seek harsher consequences than if the individual arrested had not been in a position of authority.

The Florida Drunk Driving Defense Lawyers at Whittel & Melton represent people accused of DUI, including officers and deputies, and assists them with resolving criminal issues. Anyone can be arrested for DUI. In fact, even good, generally law abiding citizens can be arrested and charged with drunken driving. Unfortunately this happens all the time and many of those arrested have never been in trouble with the law before. Even police officers are not immune to the possibility of a DUI stop and arrest.

No one expects to be pulled over and placed under arrest for DUI. While this can be a stressful, upsetting and even humiliating experience, it is essential to keep your rights in mind. You have the right to speak with an attorney and exercising your right to do so is in your best interests. When you speak with the Florida Drunk Driving Defense Lawyers at Whittel & Melton you will receive the legal counsel you need to make sure that you do everything possible to protect your rights, future and freedom.

Brevard County DUI Defense Lawyers Whittel & Melton :: Palm Coast Mom Charged with DUI Following I-95 Crash that Sent Her Three Children to Hospital

Mon, 09 Apr 2012 09:54:01 -0500

A 33-year-old Brevard mother was charged with DUI impairment/serious bodily injury and three counts of child neglect-great harm after allegedly crashing her vehicle while under the influence of cocaine and alcohol, sending her and her three young children to area hospitals.

The woman’s 2004 Jeep Grand Cherokee overturned several times on March 8, ejecting her 5-year-old son. Her 4-year-old boy and 9-month-old girl were also in the vehicle.

The older two children were flown to St. Mary's Medical Center in West Palm Beach. The 5-year-old suffered severe injuries, while records indicate the 4-year-old was critically injured. The 5-year-old boy had a fractured femur and clavicle, bruised lungs, cerebral contusion and other injuries.

The woman and her 9-month-old were taken to Lawnwood Regional Medical Center & Heart Institute in Fort Pierce.

A Mercedes carrying two adults was also involved in the wreck.

Police claim blood taken from the woman at the hospital nearly four hours after the 8:30 p.m. crash tested positive for cocaine and had an alcohol content of 0.094.

Five days after the crash, a Florida Highway Patrol trooper went to St. Mary’s and allegedly smelled alcohol coming from the woman and reported her eyes were bloodshot and watery and her speech very slurred.

A nurse at the hospital apparently told troopers that the 5-year-old boy told her his mother’s favorite drink was wine.

FHP officials claim the woman told them she had consumed three glasses of wine before she left her home the day of the crash. She apparently borrowed her friend’s jeep to visit her husband at a federal penitentiary.

According to FHP, only one child seat was recovered from the vehicle.

The woman apparently denied taking any controlled substances.

The presence of children in a vehicle can complicate a Florida DUI arrest and often results in child endangerment charges. In fact, Florida law provides for enhanced penalties for a DUI charge if a child is present in the car. This woman will likely face enhanced DUI penalties due to the allegations she had drugs and alcohol in her system and three children in her vehicle at the time of the incident.

According to the Centers for Disease Control and Prevention, in 2009 there were 1,314 traffic deaths amid children ages 0 to 14 years. Of these, 181 involved an alcohol-impaired driver. Due to numbers like these, Florida as well as other areas throughout the country has implemented tough child endangerment laws for those drinking and driving with children in the car. The consequences of a DUI charge alone can carry stiff penalties such as heavy fines, jail time and the loss of your driver’s license. Having a child in your car following a DUI arrest adds an additional charge of child endangerment. By having multiple children in your car, additional counts will be tacked on making the consequences associated with a conviction even more severe.

Child endangerment cases are fueled by emotions, requiring a DUI Defense Lawyer that can mount an effective defense based off of the facts. When faced with charges stemming from a DUI, it is important to protect your rights until your case is fully resolved. The Florida DUI Defense Lawyers at Whittel & Melton are committed to pursuing the most positive conclusion on your behalf. As former prosecutors, we are fully aware of how the State builds its case against those charged with DUI and child endangerment. We can discuss your case with you and the many ways these serious charges can be addressed.

Tampa DUI Lawyers Whittel & Melton :: Former NBA Player Loren G. Woods Accused of DUI

Thu, 05 Apr 2012 13:06:07 -0500

Former NBA player Loren G. Woods, 33, faces DUI and bribery of a public servant charges after being stopped in the early hours of Wednesday morning.

Records show he was arrested at 4:05 a.m. on a misdemeanor DUI charge and on a felony charge of bribing a public servant.

He allegedly refused a breath test.

He was transported to the Hillsborough County Jail and later released on $2,500 bail.

The 7-foot-1, 300-pound center spent six years in the NBA, playing one season with the Miami Heat in 2003 and his final season with the Houston Rockets in 2008.

Following a routine arrest for DUI in Florida, the arresting officer will generally request the driver submit to a breath test by blowing into a breath machine commonly referred to as the “breathalyzer” or “Intoxilyzer 8000.” What is important to understand is that an arresting officer has no way of forcing a driver into taking a breath test. Many times drivers will decline this test. By declining the test, the officer may allege that your behavior or actions constitute a refusal to submit to a breath test. This refusal can be met under the following conditions:

1. You were abusive or argumentative with the arresting officer.

2. Refusing to answer “yes” or “no” after the officer asks you to submit to a DUI breath test.

3. Agreeing to take a breath test, but failing to blow an adequate amount of air into the
machine to register a reading.

4. Agreeing to take a breath test once, but failing to provide a second sample within a 15 minute window of time.

The following civil and criminal consequences can occur if you refuse to submit to a breath test following a DUI arrest in Florida:

• The arresting officer can take your license and administratively suspend all driving
privileges immediately after the arrest. To combat this, you generally must request a formal review hearing within 10 days of your arrest.

• The prosecutor can argue that your refusal equates to an admission of guilt, sometimes called “consciousness of guilt.”

Prosecutors refer to Florida DUI cases that involve a driver who declines to provide a breath sample as "DUI refusal to submit" or "DUI refusal BAC.” The Florida DUI Defense Lawyers can help you fight the charges against you, including the administrative suspension of your license and the criminal case that follow a DUI arrest. Many DUI refusal cases are resolved without a conviction, but it is important to act quickly to effectively attack the charges.

Tampa DUI Defense Lawyers Whittel & Melton :: Tampa Teen Arrested for Third DUI in 18 Days

Mon, 02 Apr 2012 16:53:46 -0500

An 18-year-old south Tampa teen was recently arrested for her third DUI in three weeks.

One day after police arrested her on a DUI charge, the teen rear-ended a stopped car. The alleged victims claim she appeared to be drunk.

Police noted she had glassy eyes and allegedly recovered marijuana, a bong, a roach clip and a glass pipe in her van.

She was charged with her third DUI arrest in 18 days – her second in 48 hours.

The teen allegedly told officers on the scene at the March 12 crash that she did not know smoking marijuana and driving would equate to a DUI.

A day earlier, as police were booking her for her second DUI charge the teen apparently told an officer she had smoked marijuana four hours earlier.

Both times she had a blood-alcohol content of 0.00, which indicates she had no alcohol in her system. However, police believe she was impaired and ordered a urine sample. The results from the tests are pending.

The teen appeared in court Monday. A prosecutor filed a motion asking the judge to revoke her bail. The judge sent the teen back to jail.

According to court records, each time the teen was stopped she was violating driving restrictions.

State records indicate the teen had a learner’s license that was issued in November and was not supposed to be driving without an adult in the vehicle.

According to the Florida Department of Highway Safety and Motor Vehicles, in the first two months of this year she was cited for careless driving, violating her learner's license, not wearing a seat belt and driving with an open container.

Police claim they found a bottle of Sailor Jerry spiced rum on the floorboard of her father’s van when she was pulled over the first time on Feb. 23.

Officers allegedly found 12 Xanax pills, marijuana and a bong in addition to the bottle of alcohol.

Police claim that the teen kept driving despite receiving a letter from the Department of Highway
Safety stating her license was suspended.

Her license was officially suspended March 20, but by that time she had been arrested three times for DUI.

The legal blood alcohol content in every state for operating a motor vehicle is 0.08 percent. However, this does not apply to teenagers. Most states stringently enforce a "zero-tolerance" policy. Meaning that if police determine a minor is operating a vehicle under the influence of alcohol or drugs, he or she can be placed in police custody. Florida law is no different and takes a firm stance on underage drinking and driving. The consequences of a Florida DUI can impact young lives forever.

An underage DUI conviction can seriously compromise a promising future. Penalties associated with a conviction can range from a suspended license to heavy fines and jail time. Other consequences can arise in the future such as rejection from admission to college or employment. Probation may be a possibility, but a minor could still be subject to 60 days in jail on a first DUI conviction, and up to a year on a second.

Despite the circumstances surrounding an underage DUI arrest, the sooner you get legal help the better. Too much is at stake to handle this serious matter on your own. The Florida DUI Defense Lawyers will protect your rights and make sure that a proper investigation into your arrest is performed. We can challenge the initial stop of your vehicle and various types of testing, such as breath, blood and urine tests.

Florida DUI Attorneys Whittel & Melton :: Bobby Brown Arrested for DUI in Los Angeles

Wed, 28 Mar 2012 17:10:31 -0500

Bobby Brown was arrested on a drunken driving charge Monday while apparently talking on his cell phone Monday afternoon.

The 43-year-old singer allegedly showed signs of intoxication and apparently failed a field sobriety test during the traffic stop at 12:20 p.m. in the Reseda area of Los Angeles County.

The singer was taken to the Los Angeles Police station in Van Nuys, where he was booked on a charge of driving under the influence.

According to a California Highway Patrol spokesman, Brown was released Monday after spending several hours in custody.

While a drunk driving arrest may leave you feeling anxious about your future, it is never a good idea to plead guilty before speaking to a Florida DUI Lawyer. While every DUI case has a unique set of facts, there are several things that most DUI arrest reports have in common, including:

• An officer observed you committing a driving violation such as not wearing your seatbelt,
speeding, executing a wide turn, driving too slowly or weaving in and out of traffic lanes.

• The arresting officer noted the smell of alcohol on your breath and/or you appeared to have glassy or bloodshot eyes and your face seemed flush.

A careful review into your arrest report and the State’s evidence against you may reveal possible defenses to combat these observations.

1. Odors from a person’s breath cannot determine when and how much alcohol someone consumed.

2. Bloodshot eyes can be the result of fatigue, contact lenses irritation or numerous other possible reasons.

3. The police were really on a “fishing expedition” to try and arrest intoxicated drivers, and no moving violation for speeding, weaving or an improper lane change was issued. If the police cannot substantiate probable cause to justify the stop, then the DUI case can be dismissed.

In Florida, a drunken driving arrest can result not only in a loss of your driver’s license, but the loss of thousands of dollars in fines as well. Even when you are permitted to drive again, you will have to pay higher auto insurance rates for the next several years. If you are arrested in Florida for drunk driving it is important to stay calm and be observant. Sometimes the strongest defense against a DUI charge revolves around what the officer did or did not do when arresting you. Following your arrest, contact the Florida DUI Defense Lawyers at Whittel & Melton as soon as possible.

Florida DUI Defense Lawyers Whittel & Melton :: Georgia Man Arrested for DUI after Sitting on Cape Coral Police Cruiser

Mon, 26 Mar 2012 13:14:00 -0500

A Georgia man is facing a DUI charge after allegedly sitting on an officer’s car and refusing to get off.

A Cape officer investigating a disturbance at a bar claims the 34-year-old man approached him and took a seat on the hood of his cruiser.

According to an arrest report, the officer asked the man to get off, but he refused. The man eventually climbed off the car when the officer walked over to the car with another officer.

The man allegedly walked away, yelled an obscenity and got inside his vehicle and drove away. Police claim he was traveling at a high rate of speed.

The officer got into his cruiser and tracked the man down, pulling him over for not wearing a seat belt.

The officer apparently detected alcohol on the man’s breath and asked him to perform field sobriety tests, which he allegedly failed.

The man refused a breath test before being transported to the Lee County Jail.

Whether you have a Florida driver’s license or are a resident of another state, if you are arrested for DUI in Florida you will still face the same consequences associated with a DUI arrest. This means you will be subject to criminal court proceedings and a DMV hearing. An out of state driver will be prosecuted in Florida and may have their driver’s license suspended in their home state. This is why it is very important to contact a Florida DUI Defense Lawyer if you are a visitor to the state of Florida and have found yourself arrested for DUI.

Florida happens to be a member of the Interstate Driver’s License Compact, an agreement that 45 states have entered into regarding traffic violations, including DUI. This agreement basically follows the belief “One Driver, One License, One Record.” The means that Florida will report your driving infraction to your home state, where license suspension or revocation penalties may be enforced on top of any criminal penalties Florida applies.

The Florida DUI Defense Lawyers at Whittel & Melton are more than familiar with helping out of state drivers who have been arrested for drunk driving in Florida. We fully understand the Florida DUI process and can mount an aggressive defense strategy to combat any drunken driving allegations. We can work towards limiting the amount of court appearances so that you can return home as well as help you avoid any enhanced penalties in your home state. To help you maneuver through this process effectively, you must act quickly and consult with us immediately.

South Florida Multiple DUI Lawyers Whittel & Melton :: Broward Man Facing Seventh DUI Charge

Thu, 22 Mar 2012 13:07:36 -0500

A Pompano Beach, Florida man convicted six times of DUI was arrested Monday night for a seventh DUI offense.

The 51-year-old man was charged with having a third DUI offense within 10 years, driving on a permanently revoked driver's license, corruption by threat to a judge, resisting an officer without violence and DUI breath alcohol content greater than .15.

According to reports, the man allegedly kicked out a window frame of a patrol car door, which resulted in a criminal mischief charge. The damage total was estimated at $300.

In his first court appearance Tuesday, the man was ordered a $128,100 bond. He remained in jail as of 6 p.m.

The man began a 20-month state prison sentence followed by probation in 2003 for a third felony DUI conviction.

In that case, the man apparently refused to perform a breath test.

State legislature has increased the penalties for refusing a breath test by passing the “refusal statute.” If you are charged with DUI and refuse a breath test, and have previously refused a breath test in the past, you will be charged with another crime.

The Assistant State Attorney claims these charges will be prosecuted severely based on the man’s prior record.

None of the man’s previous DUI convictions involved a serious bodily injury. However, if the man is convicted of a seventh offense he could face a 17-year state prison sentence.

Multiple DUI offenses can severely tarnish your future, and the consequences attached have the ability to change your life forever. It is important to understand that prior DUI convictions may influence your treatment by the court throughout the criminal process. Due to multiple convictions, a jury may be inclined to believe you are guilty of additional charges as well. Judges and prosecutors have little tolerance for repeat offenders and will do anything to keep them off the roads for as long as possible. In determining your sentence, a judge will likely impose harsher penalties. The prosecution will probably pursue maximum consequences.

Unfortunately, if you have been convicted of multiple DUIs in the past, the State could charge you with a felony DUI. For every additional drunk driving conviction, prosecutors tend to tack on additional penalties. This is why repeat DUI offenders need a Florida DUI Defense Attorney to make sure their rights are protected under Florida law. Failing to secure a strong defense for a third or subsequent DUI charge could result in increased time behind bars, enhanced fines and other additional consequences.

The Multiple DUI Defense Lawyers at Whittel & Melton can review your current DUI charge in order to locate anything that could help with building your defense. We will look into your past DUI cases to determine if any crucial information was overlooked. With your future freedom at stake it is important contact us today so that the investigation into your case can begin right away. We will fight aggressively in your defense despite prior drunk driving convictions.

Clearwater DUI Defense Lawyers Whittel & Melton :: Pinellas Authorities Beef up DUI Enforcement St. Patrick’s Day Weekend

Fri, 16 Mar 2012 23:56:02 -0500

St. Patrick’s Day, March 17, is a popular holiday to hit up the local bars and celebrate with some green beer. With more people out partying, this also means more police officers on the roads keeping an eye out for drivers suspected of driving under the influence of alcohol.
Police will be stepping up traffic enforcement this weekend throughout the state of Florida, including the Clearwater area.

Clearwater police will be patrolling the entire city on DUI detail in an effort to keep all motorists safe this St. Patrick’s Day.

The Pinellas County Sheriff’s Office will also be fanned out across the county conducting DUI checkpoints.

Officials claim the Sheriff's Office will have a checkpoint set up Friday night and early Saturday at 29582 U.S. 19 N in Clearwater.

In addition, the National Highway Traffic Safety Administration is mounting a St. Patrick’s Day Impaired Driving Prevention Campaign in conjunction with state and local governments from March 12-18 to make drivers aware that the luck of the Irish just may run out for them should they decide to drink and drive.

According to the NHTSA, there were 103 fatal collisions on St. Patrick’s Day in 2009. These statistics show that 37 percent of these accidents involved individuals with blood-alcohol levels greater than .08.

The Florida DUI Defense Lawyers at Whittel & Melton wants everyone to enjoy St. Patrick’s Day this year while exercising safety. Here are a few suggestions to make your St. Patty’s Day bash safer:

• Plan a reliable way to get home before you start partying. Choose a designated sober driver for the evening or reserve a taxi cab to tote you and your fellow partiers around for the
evening. Sober family members, public transportation and walking are other responsible ways to reduce your risk for a DUI arrest.

• Keep local taxi cab numbers with you in case your plan’s fall through. This way you have other options to get you safely where you need to go.

• Contact your local law enforcement if you see any intoxicated drivers on the road.

• If someone appears to be drunk and attempting to drive, take their keys away and make other transportation arrangements. This ensures the safety of everyone.

• Always wear your seat belt. This can be the best defense against a drunk driver.

While driving impaired can result in deaths and injuries, it can also result in jail time, higher insurance rates and job loss. In Florida, a DUI arrest or charge carries serious consequences, including the loss of your driver’s license and demands your time, money and energy to set things straight. Should you be convicted, the penalties get even harsher.

The Clearwater DUI Defense Lawyers at Whittel & Melton reminds everyone to err on the side of caution this St. Patty’s Day. Remember to have fun and behave responsibly. We want you, and everyone else, to get home safely!

Ocala DUI Defense Lawyers Whittel & Melton :: Lake Butler Corrections Officer Accused of Driving Drunk

Wed, 14 Mar 2012 16:56:43 -0500

A Lake Butler corrections officer was taken into custody for DUI shortly after midnight Friday after a Marion County sheriff’s deputy allegedly noticed the man weaving on and off the roadway.

The deputy claims that after stopping the vehicle he detected a strong odor of alcohol coming from the driver’s breath. He apparently asked the driver if he had been drinking, and the driver apparently answered no.

The man agreed to perform field sobriety tests, which he allegedly failed.

The man allegedly admitted to drinking “a little bit of gin.”

The deputy claims he found a red plastic cup in the center console inside the man’s vehicle that apparently contained gin.

The man was placed under arrest and transported to Marion County Jail, where he apparently registered a .132 and .129 on breath tests.

In Florida, a BAC level of .08 percent is considered legally intoxicated. It is generally perceived that the higher the BAC, the less control a driver has of his or her vehicle and the greater the threat to other drivers. The state of Florida has an implied consent law, like many other states, that basically means if you are pulled over by police on suspicion of drunk driving, you will be asked to submit to a chemical test. A chemical test is a very important aspect of DUI prosecution. It is important to be aware that even with evidence obtained in a breath test there are many ways to combat DUI charges. Numerous DUI defenses are contingent upon not what you have done, but what police have or have not done.

Just because you failed a breath test does not mean you will be convicted of DUI. In fact, how a person breathes into a breathalyzer can affect the test results. Many times Florida police will advise suspects to breathe deeply and blow hard into a breathalyzer. However, by doing so, this may inflate the results and provide an inaccurate reading of a person’s blood alcohol level.

A Florida DUI Defense Attorney at Whittel & Melton can scrutinize the evidence from your arrest, which include field sobriety and chemical test results, and determine if any mistakes were made. If it can be established that your rights were violated, or if any procedural errors occurred, we will pursue reduced or dismissed charges. If you are pulled over anywhere in Florida and asked to take a breath test, you should immediately request to speak with a Florida DUI Defense Lawyer to learn about your legal rights. At Whittel & Melton, we understand the issues surrounding breath tests and how to identify improper procedures.

Sarasota DUI Defense Attorneys Whittel & Melton :: Pro Golfer Rachel Connor Arrested for DUI with Retired NFL Star in Passenger Seat

Fri, 09 Mar 2012 12:36:04 -0500

British professional golfer Rachel Connor was arrested Thursday morning for DUI with retired NFL star Eddie George apparently riding shotgun.

Connor, 21, was pulled over around 2:21 a.m. in Sarasota, Florida after police allegedly observed her speeding. According to the police report, Connor apparently admitted to consuming two vodka cranberries earlier in the night.

Cops identified the man in the passenger seat as former NFL star and Heisman Trophy winner Eddie George.

Connor was allegedly given a breathalyzer test that yielded results of .133 and .137. Authorities claim she had trouble walking straight and could not count in numerical order.

According to reports, George was not arrested.

Anytime law enforcement officials suspect a motorist may be operating his or her vehicle while under the influence of alcohol or drugs, they may detain the individual. After stopping a vehicle for suspicion of DUI, officers may choose to administer field sobriety tests or a breathalyzer test. If you have been arrested on suspicion of DUI, it is extremely necessary to have a DUI defense lawyer on your side to defend your rights, livelihood and future.

Breathalyzer test results are not always reliable. In fact, these results may be challenged in court for the following reasons:

• The machine was improperly calibrated

• The test was not properly administered

• The breathalyzer machine was not stored properly

• The breathalyzer machine was possibly damaged

• The test, or tests, yielded conflicting readings

• Other possible chemicals or substances may have been present that created a false reading

If any field sobriety or chemical tests are not properly administered they may be found inaccurate, and the results may not be admissible in court. The Florida DUI Defense Lawyers at Whittel & Melton may be able to assist with your defense by identifying errors in the test procedures and/or results.

Florida Fourth DUI Defense Attorneys Whittel & Melton :: St. Augustine Woman’s Alleged Attempt to Pass off Fake ID and Felony DUI Results in Prison Time

Wed, 22 Feb 2012 23:50:54 -0500

A 62-year-old St. Augustine woman plead no contest to charges of felony DUI, driving while license permanently revoked and unauthorized use of a driver license last week after she was allegedly caught trying to turn a Florida identification card into a driver license.

Police claim the woman taped a photo of herself over the main photo and pasted the words "Driver License Class E" over the words "Identification Card."

The woman was apparently spotted by a Flagler County Deputy pulling into a restaurant parking lot with a flat right-front tire. The woman allegedly told the deputy she waiting for a motor club to come and change her tire.

While the deputy was checking her license plate number, the woman allegedly sped out of the parking lot. The deputy apparently chased her for a short distance and found her 2002 Toyota wrapped around a utility pole.

According to the Florida Highway Patrol, her blood alcohol content was 0.277. The state of Florida considers intoxication at 0.08.

The woman was given the maximum sentence on each count of five years in prison, to be served concurrently. Her license was also permanently revoked.

She received a felony DUI charge last June because it was apparently her fourth offense.

Under Florida law, a fourth DUI can be charged as a third degree felony carrying prison time of up to five years. Likewise, a fourth DUI can result in the permanent revocation of your driver’s license, which can be the most devastating punishment associated with a fourth DUI conviction. This means that you may not operate any motor vehicle for any reason in the state of Florida.

Currently Florida law states that a person may be eligible for a hardship driver’s license after serving ten years of the revocation period. In order to fully qualify, a person must complete any recommended treatment as well as DUI school. In addition, the person must receive a positive reference from the Special Supervision Services program to be eligible for a hardship license. Once an individual has received authorization that they qualify for a hardship license, the motorist must give the approval to the DMV and perform the following tasks:

• Take the driver's license examination

• Pay an administrative fine

• Pay a reinstatement fee

• Pay any additional license fees

• Provide proof of bodily injury liability insurance

• Continue in the Special Supervision Services Program to keep the hardship license

All DUI cases, misdemeanors or felonies, boil down to the evidence obtained by the arresting officer who possibly conducted breath or blood tests to determine your blood alcohol content or field sobriety tests to check your reaction time and coordination. However, these tests have demonstrated numerous times over that they are unreliable. With that said, if these tests are successfully challenged, then charges may be dropped. Unfortunately, a fourth DUI felony conviction can deliver lifelong consequences. As former prosecutors, the Florida DUI Defense Attorneys at Whittel & Melton understand the importance of supplying you with a strong defense.