Florida DUI Lawyer Blog

This just proves the inconsistency with regards to sentencing across the state. A few weeks back we reported that an 18 year old Palm Beach County man was sentenced to an unbelievable 24 years in prison after pleading guilty to DUI manslaughter charges stemming from an accident that resulted in the death of two men. Just a few hours north, in Orange County, 22 year old Brent Hill Lewis, of Vero Beach is expected to plead guilty to similar charges stemming from an April 15, 2006 accident that resulted in the death of his passenger, Nicholas Fisher, 20, from Michigan. Lewis was found to have a blood alcohol content of twice the legal limit the night he lost control of his vehicle causing it to overturn several times and ejecting both of its occupants. It has been reported that Lewis will be sentenced to up to 10 years probation, faces no jail time and will lose his driving privileges for up to 12 years. The plea deal is reported to be entered on Monday, February 4, 2008.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Sentencing Inconsistencies

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James Chadwick, 32, was arrested by the Florida Highway Patrol and charged with DUI this month for what appears to be his 4th DUI charge. In addition to the DUI charge, Chadwick is also charged with DUI manslaughter for the death of a 19 year old woman after his vehicle left his lane of travel, crossed over into oncoming traffic and struck another vehicle head on last June. Chadwick’s blood alcohol content was determined to be .130 on the night of the accident. He was not arrested until this week when he was located at his girlfriend’s apartment. Chadwick, whose license was suspended at the time of the accident due to prior driving offenses, was also charged with driving without a license in an accident that resulted in death or serious bodily injury.

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Posted In: DUI News

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Last week we reported that the star of TLC’s “Little People, Big World” Matt Roloff was in trial facing misdemeanor charges of DUI in his home state of Oregon. Roloff, who failed to provide a breath test and reportedly refused field sobriety tests, defended the charges by arguing he drove erratically because he was not used to the pedals in his wife’s customized van. Judge Donald R. Letourneau handed down the ‘not guilty’ sentence after Roloff’s attorney asked the judge to dismiss the jury after some members of the six panel of jurors performed internet research on various legal definitions and DUI tests against the judge’s instructions not to seek outside information. The Oregonian newspaper reported that the jurors researched Rather than moving for a mistrial, Roloff’s attorney requested the judge rule on the charges.

Judge Letourneau found Roloff not guilty of the DUI charges. He told The Oregonian newspaper that the Oregon Supreme Court found the horizontal nystagums gaze test only 77% accurate and that the state had failed to prove Roloff was DUI beyond a reasonable doubt. The judge did however find Roloff guilty of refusing to take a breath test as well as for failing to stay in his lane of travel. Roloff was fined $742.00 and $103.00 in court fines. Further, Roloff’s driving privileges have been suspended for three years due to a prior DUI diversion program he agreed to enter in 2003 and his failure to take the breath test following his more recent arrest.

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Posted In: Celebrity DUI

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Police Officer’s testifying on behalf of the State in DUI trials often criticize the manner in which a suspect pulled over in response to an officer’s commands. The manner of parking, including distance from the curb, angle of the car, and overall positioning of the automobile will be scrutinized. This, of course, is done to bolster an officer’s claims of impairment and obtain a conviction for the State Attorney. The overall goal will be to establish that parking was conducted in a sloppy manner due to the suspect’s intoxication. Methods of combating such accusations from a defense standpoint include:

(1) Being pulled over by a law enforcement officer creates some level of anxiety in the average person. Such anxiety can lead to uncommon driving/parking practices and irrational responses. Ordinary citizens are conditioned to fear police officers when they are being pulled over and they have grown to learn that being pulled over follows a motorist’s doing something wrong. The stress of the situation more often than not leads to imperfect parking.

(2) Most people believe that pulling over in response to an officer’s lights and siren must be done immediately. This sense of urgency often leads a suspect to be more concerned with getting to the side of the road than with the grace of their parking ability. Pulling over immediately indicates a willingness to obey an officer’s command and to show respect for authority. This sense of urgency can be considered the suspect’s primary concern where to accuracy of the vehicle’s position after coming to a stop is not at issue.

(3) Criticizing of a suspect’s parking ability on the night of their arrest should be pointed out as overreaching on the part of law enforcement officers and used by defense counsel to expose their pre-disposition to obtaining a conviction at all costs.

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Posted In: Officer Observations

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A Palm Beach County boy who was 17 at the time of the offense received a 24-year sentence in Palm Beach County this week after pleading to the charge of DUI. Daniel Espinoza will be close to 40 by the time he is released (considering good time and gain time reductions). The incredibly harsh sentence followed pleas by the boy’s parents to show leniency. Circuit court Judge Gary Sweet, who presided over the matter, was not affected by the boy’s age, his lack of significant criminal history, or strong family connections. Based on my experience, a DUI manslaughter case paralleling the same facts and circumstances generally carries a maximum of a 10-year sentence in exchange for a plea of no contest, regardless of the person’s age. DUI manslaughter cases are never easy. It is almost impossible to avoid sympathizing with the victim’s family as well as the defendant’s family. The sentence for this individual, however, is simply outrageous. To state that this sentence is excessive would be an understatement. If I was counsel on this case I would already be preparing my motion for mitigation of sentence. Daniel Espinoza has accepted responsibility for his actions in pleading no contest to the charge. I am not disagreeing that he should be penalized. Two people were killed as a result of his drinking and driving and it is well understood that pleas to DUI homicides carry prison sentences. Nonetheless, 24 years for an 18 year old seems to shock the conscience.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: DUI MANSLAUGHTER

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Matt Roloff, the size star of TLC’s reality show “Little People, Big World” about a family of little people that include Roloff, his wife and one son who face numerous challenges as little people in a big world (the family also includes two normal sized children) is currently in trial on one charge of misdemeanor driving under the influence of intoxicants last summer. Roloff, who is 4 foot tall and regularly uses crutches to walk, was pulled over on a rural road in Washington County, Oregon where Roloff lives after a deputy noticed a white van make a wide turn after leaving a local pub and drive over the yellow double line a few times. Police claim they immediately noticed an odor of alcohol and asked Roloff to step out of the van. Roloff, who was driving his wife’s van, reportedly failed sobriety tests and refused a breath test. Police deputies on the scene noted that Roloff was argumentative and uncooperative with police during their investigation.

Roloff’s attorney, Robert Themmel, however argued to jurors today that Roloff reacted “the only way he knew how to a deputy who wouldn’t listen to him”. During opening statements, Thuemmel told the jury: "He is a man whose entire life has brought him to a place where, to stand up for himself, has taught him to be a little bit more assertive, more combative." Adding: "He speaks out more for himself than some." Thuemmel also intends to argue that Roloff, who admitted to having one beer that evening, was having problems reaching the pedal because he was not used to the height of the pedal extensions in his wife’s van and that he refused the breath test because he did not “trust” the deputy.

The jury is expected to deliberate today.

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Posted In: Celebrity DUI

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Reports from around the State of Florida appear to indicate that the overall number of DUI arrests were down from previous years. The combination of increased police presence, DUI checkpoints and alternative safe transportation options for drivers who had a few too many drinks may have contributed to the overall reduction in arrests. Florida Highway Patrol began advertising its ‘zero tolerance’ program weeks before the holiday season began and advised Florida citizens that every available trooper would be on the roads looking for aggressive and hostile drivers. Other organizations played their part in helping. Tow truck operators offered drivers free tow rides home on New Years Eve for those that drank and considered driving. Beer maker Anheuser-Busch donated $50,000.00 to tow truck operators in order to allow them to participate in this program. This was the 10th year of Anheuser-Busch’s “Tow to Go” program. Over 100 South Florida tow truck operators participated in the program. Perhaps the biggest deterrent for the holiday season was the unfortunate incident involving former New York Yankee player Jim Leyritz who was charged and arrested with DUI manslaughter and DUI property damage in connection with the death of Fredia Ann Veitch, a 30 year old Plantation woman and mother of two, on the early morning of December 28th, 2007. Leyritz, who was on his way home from a birthday party thrown in his honor, reportedly crashed into Veitch, who was not wearing her seatbelt, after running a red light. Police reports indicate that Leyritz smelled of alcohol, failed field sobriety tests and refused to take the breathalyzer. Two blood samples were taken once police received confirmation of Veitch’s death. Details of his blood alcohol content have not yet been released; however, it would seem for now that a combination of all of these factors contributed to an overall safer holiday season.

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Posted In: DUI Alerts & Scheduled Sobriety Checkpoints

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A Tampa man was arrested and charged with suspicion of DUI on New Years Day. 59 year old Edward Jackson was seen weaving in and out of traffic that morning when police pulled him over. He was also reportedly traveling 30 MPH in a 50 MPH zone. Jackson reportedly smelled of alcohol and stumbled around during field sobriety tests. Police noticed an 11 year old sitting in the front passenger seat of Jackson’s vehicle and charged him with child neglect in addition to DUI and refusing to sign a summons. Jackson’s bail was set at $8,250.00.

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Posted In: DUI WITH CHILDREN IN VEHICLE

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