Florida DUI Lawyer Blog

Palm Beach DUI attorney William Moore was saddened to hear about the massive accident in Cooper City on February 13. According to law enforcement officials, Henry Sandoval, 27, was responsible for causing the accident. He failed to stop at a red light at about 11:00 p.m. at Highway 441 and Stirling Road near the Seminole Hard Rock Hotel and Casino. As a result, his Chevrolet Silverado hit a Toyota, pushing it into a number of other vehicles. All together, seven cars were involved in the motor vehicle accident. West Palm Beach DUI lawyer Moore is sorry to report that there were two deaths as a result of the accident: Harriet Phillips, 67, and Francis Colavita, 69, were seated in the back of the Toyota that sustained the initial impact. Both received critical injuries. Phillips passed away on February 14 from her injuries, while Colavita survived until February 16.

Seminole police arrested Sandoval. Shortly after the accident, police measured his blood alcohol content, getting two separate readings at 0.22 and 0.19, both well over the 0.08 percent level at which a driver is presumed to be too intoxicated to operate the vehicle. He has been charged with six counts of DUI with property damage, three counts of DUI causing serious bodily injury, and two counts of DUI manslaughter for the deaths of Phillips and Colavita. Sandoval, who resides in Cooper City, is being held at a Broward County jail. The judge did not set a bond in his case.

West Palm Beach DUI lawyer Moore notes that information published in the media indicates that Sandoval was not seen behind the wheel of the vehicle. In order to be convicted of a DUI offense, including DUI manslaughter and DUI causing serious bodily injury, the prosecution must demonstrate that the criminal defendant was in “actual physical control” of the car. Showing actual physical control is usually fairly simple – a police officer saw the intoxicated driver actually driving the car or seated by the wheel, or perhaps another motorist can testify to that fact. In some cases, the government can show actual physical control even when the “driver” was only seated in the driver’s seat, but the car’s ignition was not turned on. The keys do not even need to be in the ignition, nor does the car need to be on a public road. In this case, the investigation seems to be centering on evidence within the car. Law enforcement officers have collected the deployed air bag from Sandoval’s Chevrolet. Police have also swabbed the vehicle. If they find Sandoval’s DNA on the airbag, for example, that evidence could show that Sandoval was operating the vehicle at the time of the tragic accident.

Continue reading " Cooper City Man Arrested for DUI in Massive Crash – West Palm Beach DUI Attorney " »

Fort Lauderdale DUI attorney William Moore has studied criminal procedure extensively, especially as it pertains to DUI defense. The United States Constitution and the Florida Constitution provide many protections to criminal defendants, such as the right to a speedy and public trial, the right to trial by a jury of one’s peers, and the right to confront one’s own accuser. All of those rights are major tenets of the criminal justice system. The Founding Fathers, as well as legislatures and Supreme Court justices of later times, have steadily insisted that these rights be protected and, where necessary for fairness, expanded. For example, the case that required reading of Miranda rights prior to criminal interrogations was only decided in 1966. Similarly, women and African-Americans were not allowed to sit on juries until the twentieth century. Female and African-American criminal defendants were instead tried by all-white, entirely male juries – which does not really constitute a jury of one’s peers. Now, the law has expanded to prevent lawyers from striking potential jurors during the selection process on the sole grounds of race. Broward DUI lawyer William Moore is especially interested in the constitutionality of stopping vehicles at sobriety checkpoints.

Fort Lauderdale DUI defense lawyer Moore is also concerned about the ongoing use of breath and blood alcohol testing as a constitutional matter. The Sixth Amendment of the United States Constitution guarantees the right to confront one’s accuser. This was included in the Bill of Rights to prevent the abuse of the criminal justice system with secret prosecutions or secret evidence. The Sixth Amendment reads as follows:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Florida and the other 49 states have “per se” driving under the influence laws, in addition to other DUI-related legislation. The per se laws provide that a person accused of DUI should be convicted if the prosecution can demonstrate that his blood or breath alcohol content met or exceeded the legal limit of 0.08. The constitutional issue is that the “accuser” is a machine.

To be convicted of DUI under the per se statute, Broward DUI defense attorney Moore says that the breath test machine must show a reading of at least 0.08 and the jury must believe its accuracy. Many factors interfere with the accuracy of the machine, such as mouth alcohol, body size, body temperature, and numerous other factors. Most problematically for confronting the “accuser” is the fact that the manufacturers of the Intoxilyzer machines used by Florida law enforcement agencies will not disclose how the machine works. The company has refused to disclose the machine’s software coding, making it impossible to understand how the machines operate and how accurate they really are.

One YouTube user has set out to demonstrate the unreliability of the Intoxilyzer:

Continue reading " Fort Lauderdale DUI Lawyer – Breath, Blood, and the Right to Confront Your Accuser " »

Palm Beach DUI attorney William Moore has learned that the Palm Beach County Sheriff’s Office intends to follow in the footsteps of some other law enforcement agencies around the country in that it will begin taking blood samples from people who are suspected of driving under the influence of alcohol or drugs. During February 27 and 28, the deputies will patrol the county and, when and if they encounter DUI suspects, they will not take the traditional approach to the arrest if the suspect is difficult. Typically, law enforcement officers pull over vehicle in which DUI is suspected, talk to the driver, and if warranted, administer a breath alcohol test and/or field sobriety tests. West Palm Beach DUI lawyer Moore and others have consistently challenged the reliability of the breathalyzer tests, which have serious problems and do not always adequately represent a DUI suspect’s blood alcohol content. Additionally, some DUI suspects may (with legal or administrative penalties) refuse to submit to a breathalyzer test. To combat these problems, especially the breathalyzer refusal, the Palm Beach deputies will attempt to collect blood from DUI suspects on those two days.

In order to collect the samples, the deputies will contact a judge who is “on-call” in order to obtain a search warrant if the suspect refuses to give a breath sample. A valid search warrant will allow the deputies to draw blood. Although blood tests are far more invasive, many people regard them as a more reliable measure of a DUI suspect’s actual blood alcohol content. The closer to the time the person was driving, the more reliable the result, as alcohol can continue being absorbed into the body for quite a while after the driver quit drinking. West Palm Beach DUI defense lawyer William Moore believes this is an example of the community’s heightened sense of urgency in keeping the local roads safe after traffic deaths have risen markedly in the area over the past few years.

Palm Beach DUI lawyer Moore is opposed to these measures. Under Florida law, authorities may require a blood sample if the driver was involved in an accident that caused death or serious bodily injury. Generally, however, drivers who encounter the police for other reasons are administered breath tests where appropriate, which they can refuse. If the driver is arrested for DUI despite the breath test refusal, the prosecution can introduce evidence of his refusal in court, as well as information about his demeanor and field sobriety tests. For example, a prosecutor may show that the driver refused the breath test but that he was weaving on the roads, had slurred speech, and could not walk in a straight line. Because a DUI suspect who refuses a breath test will have to be transported to another location for the blood test, the results become significantly less reliable. Unlike in some other states, the law enforcement officials themselves will not be drawing blood.

Continue reading " Palm Beach DUI Lawyer – Search Warrants for Blood Tests " »

Fort Lauderdale DUI lawyer William Moore believes that the roads are safer for everyone when drivers practice safe drinking habits. For example, if you and your friends are going out for a night on the town, you should all agree on a designated driver who will remain sober for the evening. Alternatively, taking a taxi is always a better option than driving after you have had too much alcohol, because you risk a DUI arrest. A good Fort Lauderdale DUI defense attorney will advise you to be cautious, due to the serious criminal nature of even a first-time DUI and the risk of causing injury to yourself or others.

Local organizations like the Florida chapter of Mothers Against Drunk Driving (MADD) and the Dori Slosberg Foundation have campaigned against drinking and driving. MADD originally started in the 1980s; the daughter of the organization’s founder was killed in a car accident caused by a drunk driver. Likewise, the Dori Slosberg Foundation was started in 2005 by a former state representative from south Florida whose daughter and four of her friends were killed in 1996 in a DUI crash. Both organizations promote safe drinking habits and frequently operate in tandem, as the two groups have very similar agendas. This week, however, the two are in conflict leading up to a fundraising event this evening.

Fort Lauderdale DUI attorney William Moore has learned that the Dori Slosberg Foundation plans to host a fundraiser in Boca Raton at the Blue Martini Lounge, a local bar. The bar agreed to host the function because, according to the special events manager of the establishment, “We give back. Yes, we are a drinking establishment, but we are just as involved in the community as any other type of business. It's a venue for them to meet, and it's a social event, and they are collecting donations." Tickets are $20 and include one drink with the admission price, as well as appetizers and participation in a raffle for a vacation, beauty salon services, and other prizes. The fundraiser will be held from 6:00 to 8:30 p.m. tonight and the Slosberg Foundation expects between 50 and 75 people to attend the benefit.

The local MADD chapter has been hostile to the idea of a fundraiser at a bar. The executive director, Don Murray, said it would not hold such an event because to do so would be to “risk our brand.” Furthermore, he noted, "What a headline that would be if folks leave a MADD fundraiser and have DUI crash." Even the Boca Raton police have commented on the issue, saying that the location of the fundraiser sends the wrong message. The Slosberg Foundation, however, believes it is an opportunity to connect with a different group of people and emphasize their safe drinking message.

Below is a video produced by the Dori Slosberg Foundation on the importance of wearing seatbelts:

Continue reading " Fort Lauderdale DUI Defense Lawyer – Boca Raton Fundraiser Rubs MADD the Wrong Way " »

Fort Lauderdale DUI lawyer William Moore recently read that a Palm Beach County Sheriff’s Deputy faced humiliating DUI arrest last Friday night. According to the police report, a local West Palm Beach law enforcement officer was on 45th Street when he heard the jarring sound of tires squealing in an effort to stop. The officer discovered a patrol vehicle careening sideways on the I-95 exit ramp on the southbound side. The patrol car hit the curb and ultimately collided with a palm tree. Fortunately, no one was injured in the one-vehicle accident. Nonetheless, Fort Lauderdale DUI defense attorney Moore is disappointed that a Palm Beach County Sheriff’s deputy would engage in such dangerous behavior.

Officers administered a field sobriety test to the deputy driving the patrol car, Christopher M. Grube, who is 38. Grube failed the field sobriety test at the scene and was arrested on a misdemeanor DUI charge. He was booked and released early on Saturday on his own recognizance. The Palm Beach County Sheriff’s Office has informed reporters that Grube has been placed on administrative leave since his DUI arrest. Grub apparently called in sick and did not report to work on the day of his arrest. Prior to being placed on leave, Grub was involved in a training program with the office.

This is not the first South Florida cop gone bad story to hit the newsstands this week. Police in Hialeah, Florida arrested 36-year-old Rolando A. Bolanos, Jr. in connection with a bank robbery. Bolanos is a former Hialeah police officer and his father was a police chief. He fled the Hialeah BankAtlantic location after giving a bank teller a note demanding cash. Bolanos was a Hialeah police officer for six years, ending his term of service in 2003.

The incident involving Deputy Grube is another mark on the record for West Palm Beach law enforcement officials. Although most police officers are great public servants, there are a few bad apples. Last August, the West Palm Beach police department released a surveillance video of its own officers beating an armed robbery suspect. The Associated Press copy of the video can be seen here:

A clip of the West Palm Beach police force can be found below. The law enforcement officers were training for demonstrations outside of the Palm Beach County courthouse.

Fort Lauderdale DUI lawyer William Moore hopes that the recent trend of police officers getting arrested will end soon. The West Palm Beach police officers serve as role models in their community. Additionally, engaging the crimes each allegedly committed creates a serious safety risk to innocent bystanders. DUI and armed robbery both carry serious risk to the life and limb of others in the area. Fort Lauderdale DUI defense attorney William Moore does not have any information about the current legal representation of Deputy Grube or former police officer Bolanos.

Continue reading " West Palm Beach DUI Lawyer – Palm Beach County Deputy Hits Tree in DUI " »

Broward DUI lawyer William Moore is experienced in DUI defense for all ages, including minors. A DUI conviction for an underage driver is especially problematic, due to the harsh lifelong consequences. Broward DUI defense lawyer Moore urges young people in the Miami-Dade/Broward/Palm Beach metropolitan area to develop responsible habits.

The legal age for consuming alcohol in Florida is 21. Anyone who consumes alcohol prior to that age is subject to criminal penalties if discovered; likewise, anyone who serves underage customers or purchases alcohol for people under the age of 21 can face criminal charges. Florida law also punishes underage DUI differently than adult DUI. Also, if the person arrested for DUI is under the age of 18, she will appear before a juvenile court.

An adult aged 21 or more may be convicted of DUI in Florida if his blood alcohol content is 0.08 or higher. Alternatively, he may be convicted if his impairment was too great to drive, although his BAC may be lower than 0.08 or if he is under the influence of other intoxicating substances. For example, if you are 24 years old and have a BAC of 0.06 or if you are driving under the influence of cocaine, police can arrest you for Driving Under the Influence if they have evidence to demonstrate that you were too impaired to drive safely. Once your BAC reaches 0.08, then you are presumed to be too drunk to drive properly, even if you appear to have all of your faculties.

Broward DUI lawyer Moore has found that drivers under 21 years of age are often unaware that DUI laws affecting them are different than for older drivers. The blood alcohol content level required for a finding of underage DUI is only 0.02, far lower than for adults. Although each person’s body differs in its ability to process alcohol, a 120 pound woman will generally reach that level after just one drink in an hour’s time.

Young people may be less inclined to locate another driver, if necessary, or to contact their parents for a ride due to the stigma and criminal nature of underage drinking. For this reason, it is imperative that parents discuss the risks of underage DUI and appropriate measures to take in those situations.

An informative video concerning the physiological effects of alcohol and the personal consequences felt by a family affected by a teenager’s drinking and driving:

Mothers Against Drunk Driving, an organization that successfully lobbied for tougher sentencing in DUI laws around the country, also produces anti-underage drinking public service announcements. The organization is opposed to underage DUI, as well as underage drinking generally, and was behind the effort to raise the legal drinking age to 21 in every state. One of their public service announcements can be viewed below:

Continue reading " Hollywood DUI Attorney – “Baby DUI” and the Consequences of Underage Drinking & Driving " »

According to the Palm Beach Post, DUI manslaughter charges have been filed by the Miami Office of the State Attorney against a Miami man who allegedly struck and killed a pedestrian on Brickell Avenue on January 24. Miami-Dade police allege that 40-year-old Richard Anthony Doval is responsible for the death of noted local doctor Robert Geronemus. Broward DUI lawyer William Moore does not currently have any information concerning the DUI defendant’s legal representation or if he has retained a Miami DUI lawyer.

The criminal defendant, Richard Doval, who has been charged with DUI Manslaughter and Leaving the Scene of an Accident:

Witnesses say that Dr. Geronemus and three other Broward County doctors were crossing Brickell Street on a crosswalk at about 9:00 p.m. The group was in Miami for a medical conference and had just finished eating dinner at the Capital Grille. The stop light changed to green and a truck plowed through the intersection, striking the doctor and throwing him 65 feet, resulting in his death. The other three people in the group were able to avoid being struck by the truck.

Richard Doval, the driver of the truck, did not stop after the collision. He continued driving, followed by witnesses who contacted police. The witnesses drew the attention of a local police officer who was not on duty who stopped Duval.

Miami-Dade police investigators reported that Doval appeared intoxicated, slurred his words, and smelled of liquor. Doval explained that the body damage to his truck had been caused by an accident involving a mailbox rather than striking a pedestrian. Doval had a open, half-empty container of liquor in the truck. He was arrested.

Dr. Geronemus specialized in the treatment of kidneys and had Broward County offices in Coral Springs and Lauderdale Lakes. Colleagues in the medical community contend that Dr. Geronemus was one-of-a-kind and truly irreplaceable. The physician was 60 years old at the time of the accident and resided in Plantation. He is survived by his family, including his three daughters and one stepdaughter. Services for Dr. Geronemus were held on January 27 in North Lauderdale. Broward County DUI lawyer extends his condolences to the Geronemus family during this tough time.

The Brickell Avenue location at which Dr. Geronemus was struck can be viewed on the map below:

View Larger Map

Continue reading " Broward DUI Attorney: DUI Manslaughter Charges in Broward Physician’s Death " »

Broward DUI lawyer William Moore’s clients often come to him after they are pulled over and blow a 0.08 or higher on a breathalyzer. However, this is not the only way police make a determination of intoxication. Although a blood or breath alcohol reading of at least 0.08 automatically demonstrates intoxication in accordance with Florida DUI statute, you can also be arrested for driving under the influence if your reading is under 0.08 but you are too impaired to drive. For example, this may occur if you blow a lower reading, such as 0.06, or if the police believe you are under the influence of an intoxicant other than alcohol. Despite the widespread use of field sobriety tests, however, Broward DUI defense attorney William Moore believes that the results of these tests are not always reliable. The results of field sobriety tests can be challenged on several grounds, including improper “grading” or incorrect administration by the officer.

In the following video, you can see examples of field sobriety tests commonly administered by police officers. In this case, the officer describes the ‘walk and turn test’.

This video shows the ‘walk and turn’ field sobriety test in a real-life situation. A state trooper pulled over an intoxicated driver and administered field sobriety tests to make a determination as to whether she was driving under the influence. She was stopped due to swerving and erratic driving. In this case, the driver failed the field sobriety tests and was placed under arrest for DUI:

Other common tests a Broward police officer may use to determine your sobriety include the ‘one leg stand,’ in which you will be asked to stand on one foot in order to check your balance. The officer may also test your horizontal gaze nystagmus, which is a fancy way of determining if your eyes properly follow a moving object. For example, a person who has been driving under the influence may be unable to follow the object smoothly. This effect can also be seen in an individual who is extremely sleepy.

If you have been arrested for DUI in Broward, Miami-Dade, or Palm Beach County, contact our office as soon as possible to challenge your DUI.

Continue reading " Broward DUI Lawyer on Field Sobriety Tests, Part 2 " »