Florida DUI Lawyer Blog

West Palm Beach DUI lawyer William Moore follows the latest drunk driving news stories around the state. A few of recent newsworthy cases have caught his attention.

A Longwood, Florida man was convicted last month of three DUI manslaughter charges. Carlos Ortiz attempted to pass another vehicle by using the emergency lane, but smashed into another vehicle parked on the highway near Viera at about 11:40 in the morning on July 1, 2007. A young couple, Jacqueline Dieppa, 33, Alexis Rodriguez, also 33, and their two-year-old son Nayib Suarez, were killed in the accident. Ortiz was sentenced to three life terms in prison, one for each of their deaths. Before Ortiz’s vehicle crashed, three different motorists had contacted police regarding his unsafe driving, including speeding and passing in the emergency lane. Crispy, the family dog, also died as a result of the accident. The family had parked to wait for relatives they planned to meet at the beach.

According to law enforcement officials, the family was killed instantly in the crash, when Ortiz’s car hit theirs at 77 miles per hour. Prosecutors say his blood alcohol concentration was 0.176 percent, more than twice the level at which Florida law presumes a driver is impaired. The State Attorney’s Office argued that Ortiz should receive the life sentences due in part to his prior convictions for two armed robberies, although one of those occurred when he was a juvenile.

Another high-profile DUI manslaughter case came out of Gainesville this week. Amanda Boyd, who is 23, has been charged with DUI manslaughter following a fatal accident on September 21, 2008. Investigators allege that Boyd’s truck went over the curb, crashing hard into another car at the intersection. The woman driving the other vehicle, Betty Ruth Hinson, was 74 years old. She was pronounced dead at the scene of the accident on University Avenue. Hinson was on her way to pick up a friend so that they could attend an evening church service.

Palm Beach DUI lawyer Moore says that investigators determined that Boyd’s truck was going 54 miles per hour at the time of the impact, although Boyd was traveling faster prior to hitting the brakes to avoid the collision. A blood test revealed that Boyd’s BAC was .210 thirty minutes after the accident. Boyd told law enforcement officials that she had consumed just one beer before driving. A trial date has not yet been set in the DUI manslaughter case.

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North American countries tend to designate people as too impaired to operate a motor vehicle at a higher blood alcohol concentration when compared to other parts of the world. Although it is always illegal to drive while impaired in Florida, regardless of your BAC, the impairment is presumed when your BAC reaches 0.08 percent. At that point, a prosecutor will only have to prove that was your reading on a properly functioning, correctly administered breath alcohol measuring device (the Intoxilyzer, known as a breathalyzer) or based on a sample of your blood.

West Palm Beach DUI lawyer William Moore notes that a BAC of 0.08 percent or higher is the level at which impairment is presumed under Florida DUI laws and all U.S. states. Canadian law maintains a fairly similar DUI system, with a 0.08 percent as the “legal limit” and a mandatory period of at least 30 days in jail for the second conviction. Likewise, 0.08 percent is the legal limit in Mexico and most of Central America, including Panama, Nicaragua, Guatemala, and Belize. At 0.05 percent and 0.075 percent respectively, El Salvador and Costa Rica have stricter DUI laws.

Like many aspects of government and legislation, laws against driving under the influence of alcohol and/or drugs are heavily regional, reflecting the way of life and values of people in different areas in the world. South American countries have a number of lower, although more variable, limits for BAC while driving. They range from 0.01 percent in Guyana and up to 0.02 percent in Brazil to 0.08 percent in Uruguay, Suriname, and Paraguay.

European nations have traditionally taken a harder line on drunk driving, according to Palm Beach DUI attorney Moore, who thinks that most Europeans would be surprised by the relative lenience of a 0.08 BAC for driving. A number of Central and Eastern European countries have enacted zero-tolerance DUI laws, where there is no acceptable limit of alcohol in one’s bloodstream when driving, although some apply only to new drivers (i.e., people who have had a driver’s license for less than two years). The United Kingdom and Ireland are outliers at 0.08 percent, while Spain, France, Italy, Luxembourg, and the Netherlands have limits of 0.05 percent, the most common level in Western Europe.

Below, a short lesson on French wine – but be careful not to drive after indulging in too much:

Continue reading " Driving Under the Influence – An International Perspective from Fort Lauderdale DUI Lawyer Moore " »

Alcoholism is frequently described as both a disease and an addiction. Alcoholics continue drinking, despite the often intensely negative consequences: convictions for driving under the influence, loss of employment, and estrangement from family members. For some, even becoming homeless is not enough to make them quit drinking, although the degree of consequences – and what constitutes “rock bottom” – varies significantly from one alcoholic to another.

The fact that a person is charged with driving under the influence of alcohol does not mean that he or she is an alcoholic, according to Broward DUI lawyer William Moore.. If the charges are correct and the person is subsequently convicted, the court will frequently order the defendant to complete DUI school and alcohol abuse treatment. Unfortunately, Broward DUI attorney Moore has found that many families of DUI defendants become alarmed and assume that a DUI arrest necessarily means that the defendant was an alcoholic – even if he had previously gone undetected. In reality, driving under the influence of alcohol can be a symptom of alcoholism, but a single DUI does not mean that the driver has an ongoing problem with alcohol. It can also mean that the person made an error. It is fairly common for first-time DUI defendants never to have another criminal problem again.

Symptoms of alcoholism vary. Some people becoming “functioning alcoholics,” where they continue with their employment and present a healthy face to the outside world. For others, their lives obviously deteriorate, and they may have many arrests – DUIs, public intoxication, and other matters stemming from the abuse. Long-term alcoholism can result In deteriorating mental condition, including alcohol-related dementia. In fact, alcoholism is the second-highest cause of dementia. Alcohol is also tied to major depression and certain forms of psychosis. From a social standpoint, divorce is a common effect, as alcoholics frequently have difficulty maintaining their marriages. Loss of employment is another serious problem alcoholics fact. In the same vein, homelessness is frequently associated with substance abuse (in addition to factors such as mental illness). One of the worst problems with alcohol abuse for women is the possibility of fetal alcohol syndrome as a result of alcohol consumption during pregnancy, which can cause significant physical and mental defects. Despite these problems, Fort Lauderdale DUI lawyer William Moore believes that many DUIs are not the result of long-term alcohol abuse.

An informational video on fetal alcohol syndrome and other alcohol-related birth defects:

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Every state gets to choose the components of its own criminal code, although some alcohol-related laws have federal roots. For instance, every state raised its legal drinking age to 21 and lowered the blood alcohol content at which a driver is presumed impaired to 0.08 percent at federal urging through strings attached to highway funding, according to Fort Lauderdale DUI lawyer William Moore. Utah, however, has some particularly stringent laws, which have gone hand in hand which the voter’s comparatively strict views of alcohol consumption. The state has elected to change some of its laws recently, however, in light of new times and the troubled economy.

One of the more famous relics of drinking in Utah is the so-called Zion Curtain, a piece of green fabric that serves as a partition between the bar, where drinks are poured and mixed, and the eating area in restaurants. That requirement, along with many others, will be lifted in May of this year. The requirement that establishments that sell liquor must operate as private clubs – with membership fees – will also be dropped. Tourism advocates in the state believe the harsh liquor laws are stunting potential funds. Broward DUI lawyer Moore agrees that the legislation could stave off carefree vacationers. Each individual bar requires a membership, so even locals are unlikely to go bar-hopping on the weekends, and a membership is required to go into the bar – not just to drink. A one-year membership at a Utah bar costs a minimum of $12. Nonetheless, there are ways to bring in guests with a temporary membership, so locals and tourists alike frequently share temporary three-week memberships.

Utah currently brings in about $6 billion annually from tourism, leading the proponents of lifting the liquor restrictions to believe that the changes could raise the profits or at least maintain them during tough economic times. Alcohol policy in Utah has typically been more conservative than in other U.S. states, including neighboring Western party destination Nevada. Nonetheless, tourists are attracted to Salt Lake City and the scenic national parks in the state. Perhaps the largest attraction is the Sundance Film Festival, hosted annually in Park City, Utah.

Florida’s tourism industry is about 10 times larger than Utah’s, at close to $60 billion. The state’s reputation as a beach vacation spot and a great party destination for spring break have fueled the tourism and hospitality industries. Beachside bars and restaurants, in particular, reap the benefits of the travelers in the spring months, as well as the part-time residents during the winter. Florida alcohol policy is currently in line with national trends, with comparable DUI laws and liquor sales requirements.

Continue reading " Old-Fashioned DUI & Liquor Legislation Repealed in Utah " »

Last week, a man accused of driving under the influence in Pennsylvania asserted an interesting claim, Broward DUI lawyer William Moore says. Scott Allan Witmer has explained to the judge that the Pennsylvania state judicial system does not have jurisdiction over him. Instead, the DUI defendant says that he is his own country -- "I live inside myself, not in Pennsylvania,” he said. Witmer proceeded with a DUI defense attorney on hand, but argued the motion himself, which does not bode well. The DUI defendant has indicated that he plans to take the case to trial. The judge hearing the case informed Witner that he would need to file a pretrial motion if he challenged the validity of the traffic stop. Fort Lauderdale DUI lawyer Moore says that this is probably not an effective defense, although it is not clear whether Witmer is of sound mind to stand trial.

Another, somewhat more viable DUI defense strategy relates to the period of time it takes for one’s body to absorb alcohol. Reliable sources indicate that it can take 30 to 90 minutes to absorb liquor. In practical terms, that means that DUI defense attorneys can argue against the accuracy of breath or blood alcohol tests taken hours after the defendant has been driving. Although the DUI defendant may have a high blood alcohol content, it’s possible that more alcohol has been absorbed in the interim. This argument is reasonable, especially when a fair period of time has elapsed. But what if it were taken to the extreme? A driver who drinks an entire bottle of concentrated liquor just before hopping in the car to drive a couple of blocks down the street to his home could feasibly do so with a low blood alcohol content, despite the amount of liquor he drank. But what if he were stopped for a moving violation, like speeding, and the officer detained him due to the smell of alcohol? If he were taken down to the police station for a breath or blood test, his BAC would certainly be far higher if even just half an hour elapsed during the trip. However, he probably could have made it to his nearby home with little alcohol in his bloodstream. Of course, Fort Lauderdale DUI defense attorney Moore would never advise anyone to engage in such risky behavior. The defense is also not as compelling when evaluated in extreme circumstances like the ones outlined above.

Broward DUI lawyer William Moore also says that driving in a true emergency can be a defense to DUI. For example, if it were absolutely necessary to drive someone to the emergency room might be a feasible emergency. Nonetheless, any driver who has been consuming alcohol or drugs should be very careful and avoid driving if impaired.

Continue reading " Broward DUI Defense Lawyer – Creative, Although Not Necessarily Effective, Defense Claims " »

Palm Beach DUI lawyer William Moore takes note of celebrity DUI cases, because they raise the public awareness about the drunk driving and also familiarize people with the justice system. Former pro basketball star Charles Barkley has been drawing national news attention for his DUI problems as of late. On December 31 of last year, he was stopped by police as he left an area nightclub. He was given field sobriety tests at the scene, which he failed, and arrested on suspicion of DUI. His arrest sparked widespread interest, as well as condemnation, as he is seen as a role model figure for young people.

West Palm Beach DUI attorney Moore has learned that Barkley elected to plead guilty to two separate misdemeanor DUI-related charges. As a result, Barkley agreed to spend three days in jail at the Tent City corrections facility. Additionally, Barkley must complete an alcohol treatment program. He received a lesser sentence due to his agreement to enter the program.

Barkley was released on March 9 after spending a long weekend in jail, complete with two 12 hour work-release days. Due to his fame, Palm Beach DUI lawyer Moore says that Barkley had to be housed separately from other inmates at the facility, a precaution corrections officials took for his own safety. He stayed in a unit by himself. He also received his meals alone, rather than with the rest of the jail. Barkley has previously acknowledged his error, saying that he exercised bad judgment and will “take the beatdown” that comes with it. Barkley has not issued a public statement regarding the conditions at the Tent City facility or his experiences while he was incarcerated.

Below is a video of a selection of Charles Barkley’s career NBA highlights:

Additionally, Charles Barkley’s public appearance and apology for his DUI is here:

He acknowledges that he has let down his family, the NBA, and his endorsements, which Barkley calls “one hundred percent my fault.” Barkley apologized and notes that he has “embarrassed everybody in my life and that’s not cool at all.” West Palm Beach DUI defense lawyer Moore commends Barkley for his upfront attitude about the entire situation.

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Broward DUI attorney William Moore has been following the high-profile DUI Manslaughter case of former Yankees pitcher Jim Leyritz, who has been charged in Broward County. Leyritz was arrested for DUI following the December 2007 Fort Lauderdale car crash that killed Fredia Veitch, 30, who was driving another vehicle.

One of the most interesting aspects of Jim Leyritz’s DUI Manslaughter case is the blood alcohol content of both Leyritz and the victim, says Fort Lauderdale DUI lawyer Moore. The toxicology reports released early last month show that Veitch was also intoxicated – in fact, her blood alcohol content was possibly higher than Leyritz’s. Veitch’s BAC was 0.18, far over 0.08 percent, the level at which intoxication is presumed under Florida law. Blood samples taken from Leyritz some time after the crash – between two and a half and three and a half hours later – showed his BAC to be 0.14 and 0.13. The prosecution plans to present witnesses to testify that Leyritz was the one who ran the red light at 3:30 a.m. that morning. Broward DUI lawyer Moore says that the victim’s intoxication muddles the issue of fault, which will be to the advantage of the DUI defense team at trial.

According to Fort Lauderdale law enforcement officials, Leyritz drove through a red light and struck Veitch’s vehicle. Police officers who responded to the scene of the accident say that Leyritz performed poorly in roadside field sobriety tests and appeared red in the face. The police report also indicated that Leyritz smelled of alcohol. According to Fort Lauderdale DUI defense attorney William Moore, these findings are consistent with typical law enforcement testimony in DUI cases. Leyritz refused to submit to a breath test or to provide a blood sample; however, law enforcement officials later acquired a blood sample from him despite his refusal. Veitch, who died from her injuries at a local hospital, was returning home from her job. She had two children at the time of her death.

DUI Manslaughter is a felony charge in Florida and can result in severe penalties. A defendant who is convicted of DUI Manslaughter can be sentenced to up to 15 years in a Florida state prison. The fine, exclusive of court costs, can be up to $5,000, which may be imposed in addition to up to five years of probation. To prove DUI Manslaughter, the government must show that the criminal defendant was either impaired by drugs – illegal or over the counter – or alcohol. This can be shown by a blood or breath alcohol test with a reading of at least 0.08 percent or other evidence related to the driver’s impairment. The impairment might be shown by police officers’ testimony regarding the driver’s level of functioning in field sobriety tests at the scene or by witnesses who saw the driver drinking heavily before getting behind the wheel. In Florida, blood samples are taken from drivers in suspected DUI Manslaughter and DUI Serious Bodily Injury cases.

Continue reading " Broward DUI Lawyer – Ex-Baseball Player Faces DUI Manslaughter, Legal Entanglements " »

Last week, Palm Beach DUI lawyer William Moore discussed the Palm Beach County Sheriff’s Office weekend crackdown on drunk driving. Mothers Against Drunk Drivers members road along with Sheriff’s deputies to show their support for the heightened weekend patrols. Last Friday and Saturday nights, the Sheriff deployed additional deputies to patrol the Palm Beach County area for drivers who appeared to be under the influence of alcohol or other substances, and whose driving was impaired as a result. West Palm Beach DUI defense attorney Moore says that the extra patrol cars on the streets were notable in part because of the Sheriff’s new plan to draw blood samples from certain drivers.

In most cases, a law enforcement officer who suspects that a driver is under the influence of a substance will administer roadside field sobriety tests to determine if the driver’s faculties are impaired, administer a breath alcohol test, or in many cases, both. Because some DUI suspects refuse to submit to breath tests, the Palm Beach County Sheriff’s Office decided to implement a new program to combat that problem. If a DUI suspect refused to give a breath sample, the office said it would have deputies call in to an on-call judge to get a search warrant for a mandatory blood test. If the judge approved the search warrant, the suspect’s blood was to be drawn by medical personnel at a mobile blood drawing facility in near West Palm Beach.

There were some problems with this plan, both legal and practical, according to Palm Beach DUI lawyer Moore. One of the biggest issues was suspect compliance. It seems that deputies did not adequately plan for the scenario in which Palm Beach DUI suspects also refused to comply with a blood test, even if court ordered. One 45-year-old suspect vehemently opposed the blood draw, loudly announcing, “You are going to have to beat me. Take me to jail. You are not taking my blood."

Surprisingly, deputies did just that. Although they secured, in cooperation with the Palm Beach County State Attorney’s Office, search warrants to draw blood from the four suspects who refused to submit to breath alcohol tests on Friday night, the medical personnel on duty drew blood from none of them. Despite the publicity and the hype of the new, supposedly more effective plan to catch drunk drivers, the Sheriff’s Office did not live up to its claims. All told, the office made 26 DUI arrests on Friday night and planned to continue seeking search warrants for blood samples on Saturday night.

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