Florida DUI Lawyer Blog

Tara Fradley, 18, of Boca Raton was arrested for DUI manslaughter in Palm Beach County on Monday at the conclusion of an investigation into a deadly June crash in Boynton Beach, Florida. On June 10, Fradley’s Ford Explorer collided with Ann Prushanky’s Honda Accord on the northbound I-95 off-ramp at Boynton Beach Boulevard. Pushanky, who was 70, died at the scene. Four other nearby cars sustained minor damage in the massive accident. At the time of the accident, Fradley was under the influence of several substances. During the five month probe, investigators determined that she had alcohol, the prescription anti-anxiety drug Xanax, and possibly the over-the-counter allergy medication Benadryl in her system. Her blood alcohol content was 0.07 at the time of the accident. Although she was only 17 at the time of the fatal wreck, the state attorney has charged Fradley as an adult. As of Wednesday, Fradley was being held in the Palm Beach County jail with bond set at $10,000.

The chief of the traffic homicide unit at the Palm Beach County Office of the State Attorney, Ellen Roberts, commented that DUI accidents involving Xanax have risen dramatically in the past few years. According to Roberts, DUI arrests in south Florida involving Xanax far exceed those for cocaine. Prescription drug DUIs are perhaps less well-known than drunk driving DUIs, but the crime is the same. Xanax is a popular anti-anxiety medication that is sometimes taken recreationally and has the potential for abuse and even dependence.

DUI manslaughter is a serious criminal offense in Florida. The driver must either actually be impaired or have a blood alcohol level of 0.08 or higher and cause a death due to impaired operation of a motor vehicle. In Florida, DUI manslaughter is a second degree felony, punishable by up to 15 years in jail and a $10,000 fine, in addition to administrative penalties such as permanent license revocation. The Florida Department of Highway Safety and Motor Vehicles can revoke the license of a person arrested and convicted of DUI manslaughter permanently, even if he does not have any prior DUI-related convictions. However, it is possible to get a hardship license five years following revocation or completion of the prison sentence.

Nationally, DUI-related deaths have been dropping. Thirty-two states saw decreases in the last year, including Florida. Nonetheless, the National Highway Safety Administration reported that about there were about 13,000 alcohol-relate driving deaths in 2007, down about 500 from the previous year. DUI-related deaths among those driving motorcycles increased, although the overall numbers went down.

Continue reading " Fort Lauderdale DUI Lawyers: Teen Arrested for DUI Manslaughter in Boynton Beach, Palm Beach County " »

In the Miami-Fort Lauderdale-West Palm Beach metropolitan area, police can arrest a driver who appears to be impaired, even if his blood alcohol level is zero. Broward County criminal defense attorneys see these cases regularly. Not surprisingly, you can be charged with DUI if you have taken illegal drugs that affect your ability to drive. However, you can also be charged if your driving was compromised by prescription drugs authorized by a doctor. Although a breathalyzer may not be able to detect the drug, police can still determine whether or not you are fit to drive based on your performance in a field sobriety test, as well as your behavior, speech, and driving.

In order for a driver to be convicted of a prescription drug-related DUI, the prosecution must prove that the driver was impaired while in actual physical control of the vehicle, even if she was not actually driving at the time of arrest. Because there is no absolute level at which any specific drug is deemed to be impairing -- as is the case with a blood alcohol level of 0.08 -- blood, breath, and urine tests are less useful. The body fluid tests may recognize the presence of a drug, but do not provide meaningful information about the safety of that level when driving. The effects of prescription drugs on the ability to drive can vary significantly from person to person. If you are arrested for a prescription drug DUI, a good criminal defense lawyer will be able to assist you with the scientific aspects of your case. There have been few scientific studies to guide prosecutors and police as to the dosage required of a drug lead to driving impairment.

You could be arrested for a prescription drug DUI even if you are under the care of a physician and are not abusing the medication. The sleep aid Ambien has received a considerable amount of attention due to its unusual effects, including the phenomenon of “sleep-driving.” Some patients who take Ambien will drive or engage in other activities. The next day, the patients usually have no recollection of driving. Unfortunately, driving while under the influence of Ambien can be extremely dangerous. To date, there are numerous reports of drivers under the influence of Ambien causing and then leaving the scene of accidents, driving on the wrong side of the road, and becoming belligerent with arresting officers. A Colorado nurse awoke to discover that she had apparently caused a minor car accident, in addition to driving around in a nightgown, fighting police, and urinating on the street. In 2007, the federal Food and Drug Administration began requiring enhanced warnings on the dangers of sleep-driving on Ambien, Lunesta, and other prescription sleep aids. Blood and urine tests administered by police do not usually screen for sleep aids. Anyone using prescription sleep aids should heed the warnings of the manufacturer, their pharmacist, and their doctor.

Continue reading " Fort Lauderdale DUI Attorney Talks About Prescription Drugs & Driving " »

The Federal Bureau of Investigation is currently developing a system that Fort Lauderdale criminal defense lawyers believe could have a far-reaching impact on DUI law. The Law Enforcement National Data Exchange, known as N-DEx, will aggregate information about individuals arrested throughout the United States. Currently operating in only a few locations, the FBI intends to expand the program to the rest of the country, including south Florida, within the next two years. The shared information could lead to higher bail or enhanced penalties based on previous arrests in other cities or states. By the same token, DUI attorney, William Moore, claims that such data may be used to combat unconstitutional practices employed by law enforcement. “DUI Road Sobriety Checkpoints will especially come under fire. Particular DUI investigator practices will be brought to light by the system as well.”

Law enforcement officials can share detailed information about crimes and arrests through N-DEx. The details of a DUI arrest, such as the name of the driver, the car he was driving, his home address, and his blood alcohol level would be available. Police can post pictures of the scene, property damage, or people who are arrested. All criminal history will be shared between police departments from Fort Lauderdale to San Francisco. N-DEx will provide investigators will links between people, property, and geographic locations that would not otherwise have been available. The system will provide real-time information to law enforcement agencies only insofar as the information is submitted in a timely fashion. The agency requesting data about a person or arrest need not contribute information in order to access information posted by other agencies. There is no requirement that the police departments update their information regularly, so outdated information may appear current to other users who are unaware of new developments.

Police will be able to search by the location, type of crime, property or vehicle, specific characteristics of the crime, and the people involved. The system will show information about an individual’s prior arrests, incarceration, and other criminal penalties or contact with the police. While users will have the option of controlling how much information about a specific arrest or incident is shared, the default mode of the N-DEx system is to share all available information with every law enforcement agency using the system.

Some criminal defense attorneys are concerned about the privacy and the potential for misuse of the N-DEx system. Right now, there are no penalties at all if a law enforcement official misuses the system, although the FBI could elect to revoke that user’s access in the future. Because each agency can have an unlimited amount of users, the information on the N-DEx system may not be tightly controlled within an agency’s office. The system also typically keeps the data indefinitely, rather than discarding personal information after a period of time. The indefinite retention is an issue particularly concerning to nonviolent and one-time offenders, including many people arrested for DUI. For instance, if you are arrested for DUI and the charges are later dismissed or a jury finds you not guilty, the information about your arrest could be stored forever – and the law enforcement agency may not update it to reflect the outcome of your case or your innocence.

Continue reading " Broward DUI Lawyers Await Arrest Data Scheduled to Become Available Nationally by 2010 " »