Florida DUI Lawyer Blog

Field sobriety tests, also known as roadside tests, are supposed to be standardized tests that allow a law enforcement officer to gauge the relative sobriety or level of intoxication of a driver, says Broward DUI lawyer William Moore, who has studied the effectiveness of such police tactics for many years during his criminal defense career. Police officers often administer the tests instead of or in addition to breath or blood alcohol tests in order to make a DUI arrest. The field sobriety tests are sometimes, but certainly not always, video-recorded for use before a jury or a judge in a DUI trial.

When looking at these field sobriety tests as a lay person, Fort Lauderdale DUI attorney Moore acknowledges that they may seem simple for a driver who is sober to perform or easy to use as an investigative tool for a police officer. The problem is how very subjective the tests are, even for a highly seasoned law enforcement official.

For example, Broward DUI attorney Moore says that police may see what they want or expect to see – even if it is unconscious. The scenario is not difficult to imagine: a police officer (probably a state trooper) is patrolling the Florida Turnpike at 2:00 in the morning. He spots a red car going about 65 miles per hour, one of the only cars still on the road. The red car swerves to the left, crossing the dotted line, entering the leftmost lane with its front tire. The car jerks back into the center lane.

The police officer turns on her sirens and speeds off to apprehend to the red car. The red car stops and the officer proceeds to conduct a traffic stop.

Officer: Have you been drinking tonight, ma’am?
Driver: No. Well, not really. I had some wine with dinner but that was awhile ago.

The officer observes that the driver seems nervous and asks her to step out of the vehicle. She is suspicious that there is a DUI in progress. She asks the driver to perform several tests, such as standing on one foot and counting backwards from thirty. The woman does so, but is slightly wobbly. It’s a close call, but the officer places her under arrest for driving under the influence.

In reality, the woman may have swerved when looking down to change the radio station. Late at night, she may also have been sleepy. Two glasses of wine at dinnertime is unlikely to leave a driver impaired many hours later. In this case, a police officer would use the field sobriety tests to evaluate the driver’s impairment, but there is no way to produce truly accurate results.

This scenario plays out all the time. Unfortunately, the diagnostic tool is far from perfect, and law enforcement officers tend to grossly overestimate a driver’s intoxication. In blind studies, in fact, experienced police officers often determined that “suspects” who were not under the influence of alcohol or any other substance were too impaired to drive.

Continue reading " Broward DUI Attorney – Field Sobriety Tests as a Method of Determining a Driver’s Level of Intoxication " »

Fort Lauderdale DUI attorney William Moore keeps tabs on the latest DUI arrests in the area and celebrity DUI arrests more generally. In Broward, Palm Beach, and Miami-Dade Counties, however, the two categories frequently overlap. Ritzy areas of south Florida, known for hard-partying nightlife, gorgeous beaches, and places to be seen, attract movie stars, television actors, professional athletes, musicians, and glitterati of all kinds. Recently, two more have been in the news, says Broward DUI lawyer Moore.

On July 12, Miami Beach police officers arrested Jeffrey Donovan for DUI in South Beach. The actor, who is known for his role in Burn Notice, is accused of failing roadside field sobriety tests administered at the traffic stop. The police report also indicates that Donovan refused to submit to a breath alcohol test, says Fort Lauderdale DUI attorney Moore. Donovan’s publicist has declined to comment on the DUI arrest. Donovan was released on a $1,000 bond. He plays agent Michael Western on the USA TV show, in which a burn notice is synonymous with a pink slip.

Romero Britto was arrested on Washington Avenue in Miami Beach in March for DUI. Britto, who is originally from Brazil, is known an a pop artist. His work, including both sculptures and paintings, decorates public transit stations and other public spaces. Miami Beach police conducted a traffic stop after reportedly seeing the artist’s Bentley swerve, Fort Lauderdale DUI lawyer Moore says. Currently, he is completing DUI school, a series of classes designed to inform DUI offenders about the consequences of DUI. He is expected to accept a plea deal next month, in which he will receive a sentence of 100 hours of community service, a $1,000 fine, and the suspension of his driver’s license for six months in exchange for his guilty plea. At the time of his arrest, his blood alcohol concentration was allegedly nearly twice the “legal limit” of 0.08 percent.

These arrests follow the prominent arrest of football star Donte Stallworth for DUI Manslaughter several months ago after partying all night at a club in Miami Beach. Jim Leyritz, the former Yankees baseball player, was also arrested for DUI Manslaughter in Davie in 2007 and faces trial for the charge in September.

Continue reading " Broward DUI Attorney: Celebrity DUI Arrests in the News in South Florida " »

The Broward Sheriff’s Office announced that Robert Ray Huizenga in the early hours of July 21 for boating under the influence, also known as BUI, Broward DUI attorney William Moore has learned. A woman called police at about 11:15 p.m. on July 21 to report that she believed two men were trying to break into her house, as they were jiggling the lock on the back door.

Law enforcement officials responded to the home, which is located on the 300 block of Lido Drive. There, police found two men present. The first was Patrick Stewart, who is 44 years old, who was at the home. Huizenga was the second man, Fort Lauderdale DUI lawyer Moore has confirmed. When police arrived, he was in a nearby boat, close to the property. Police officers requested that Huizenga toss them a rope in order for them to tie up the boat to the dock. Huizenga had difficulty with the task, which police said required several attempts. They also reported that his speech was slurred, smelled like alcohol, and informed police that he was at his house. (Huizenga does not live at that residence.) He was arrested for BUI and refusing to submit to alcohol testing, while Stewart was arrested for possession of marijuana and other drug charges, in addition to trespassing.

Huizenga is the 47-year-old son of H. Wayne Huizenga, who used to own the Dolphins. He has previously been arrested for incidents involving alcohol. In fact, he is currently on probation for a 2003 DUI incident, in which he was arrested and convicted of driving under the influence after causing a wreck that left a 71-year-old man with a concussion, a broken elbow, and other serious injuries. He also refused to submit to an alcohol test, such as a breath or blood alcohol test, to determine his level of intoxication at the time of his arrest for that offense. That conviction was his third in ten years, which triggers more serious sentencing under Florida DUI law. Huizenga served only 83 days in jail for the felony, followed by less than four months of house arrest and several years of probation. If he is found to have committed a violation of probation, he could be re-sentenced to up to five years in prison, according to Broward DUI lawyer Moore. Following his first appearance in court, the judge ordered that Huizenga be kept in jail.

Continue reading " Son of Former Dolphins Owner, Billionaire H. Wayne Huizenga, Arrested for Boating Under the Influence " »

Ask any Fort Lauderdale DUI Lawyer about the endless list of ramifications that follow even an arrest for DUI. They will explain that Fort Lauderdale DUI prosecution is tougher than many other parts of Florida.
In some counties, there is a trend toward a “DUI Awareness Campaign,” whereby individuals arrested for driving under the influence have their names posted in the local paper for all of the community to read. Such postings are done for no regard to the amount of evidence obtained by law enforcement to prosecute said individuals, let alone the outcome of the individual cases. For example, one particular County Sheriff’s Office named 25 individuals arrested for DUI on October 9. Fort Lauderdale DUI Lawyer Information source is curious as to whether that office plans to release the names of individuals on that list who are subsequently acquitted of the charge.

-William Ryan Moore, Esq.

A man was taken into custody by local law enforcement agents this week on suspicion of driving under the influence of alcohol in Hallandale Beach, Broward DUI attorney William Moore has learned. Jack Robertson, of Hollywood, was arrested on his 28th birthday, possibly after a night of celebratory drinking. The arrest took place at about 6:30 in the morning, as traffic began to thicken for the morning rush hour.

A local law enforcement officer saw Robertson’s vehicle slowly cross an intersection against the red light prior to going off the road, ending up in nearby bushes. The vehicle did not collide with any oncoming traffic and was reportedly traveling at a speed of only 15 to 20 miles per hour as it crossed the intersection illegally. The police officer who saw the incident responded immediately, says Fort Lauderdale DUI lawyer Moore. The two officers who were at the scene approached the driver’s side window of Robertson’s car, where they found the birthday boy passed out or asleep behind the wheel. They reported that Robertson smelled of alcohol. After calling for backup assistance, they woke Robertson, who apparently laughed at or ridiculed the four police officers who were surrounding his vehicle. He also tried to hit them.

His alleged actions sparked a confrontation between the law enforcement officers and Robertson, who was not compliant, according to the police. Broward DUI attorney Moore has learned that one police officer used pepper spray on Robertson in an effort to subdue him; another attempted to use a taser on the suspect, although it did not function properly and Robertson was not subjected to electro-shocking as a result. The police reported that they resorted to these actions after Robertson allegedly reached for one officer’s weapon.

As a result of the alleged DUI and the altercation with police, Robertson faces multiple charges in addition to DUI, including resisting arrest with violence and other traffic citations.

Continue reading " Hallandale Beach Driver Arrested on Suspicion of DUI " »

Throughout the state of Florida, traffic deaths related to alcohol usage, including driving under the influence of alcohol dropped about six percent, says Broward DUI lawyer William Moore, who follows these statistics closely in order to observe trends. In Palm Beach County, however, the trend does not hold: there was an eight percent spike in the number of traffic fatalities linked to alcohol.

In fact, the Palm Beach County figures appear to be part of a broader trend, says Fort Lauderdale DUI attorney Moore. The fatalities under these circumstances have increased by 46 percent in total over the last five years, the figures from 2003 through 2008 show. The constant rise has befuddled police departments, assistant State Attorneys, even Mothers Against Drunk Driving. The uptick is odd not only for the fact that it is out of synch with the rest of the state and even the country, but also because it is in contrast with factors researchers know are correlated with DUI and alcohol-related traffic deaths more generally. Specifically, researchers studying the subject have found that economic downturn and high gas prices, both of which Palm Beach County has experienced in recent months, should have a lowering effect on alcohol-related traffic deaths. Despite these factors, the fatalities have continued rising.

One possible explanation is the nightlife of a community on the coast, says Broward DUI attorney William Moore. Locals and visitors alike traverse the seaside bars in search of a good time. While this may be a contributing element, this theory does not take into account the wild nightlife found along the ocean in Fort Lauderdale and Miami Beach, nor does it address the fact that most Floridians actually live near the coast.

The assistant State Attorney who heads up the traffic homicide division in Palm Beach County, Ellen Roberts, says that the numbers are consistent with her experiences as a prosecutor. "My workload has doubled," Robers told a news reporter. "I have seen a bigger increase if not in the number of fatals but certainly an increase in the criminal cases." Why the increase in Palm Beach County and not other places? It's unclear.”

Intoxicated pedestrians, rather than just DUI deaths, are another factor. Drunk partygoers and revelers at bars wander into the streets of the beachside communities that line the coast of Palm Beach County. Increasingly, they are doing so in lieu of sticking to crosswalks, and are getting hit by cars.

Continue reading " Broward DUI Lawyer – DUI Rises in Palm Beach County, Decreases Across State " »

Broward County DUI lawyer William Moore has studied DUI roadblocks, also known as sobriety checkpoints, extensively during his DUI defense career. Invariably billed as an effective device to keep drunk drivers off the road – and to make more DUI arrests – the sobriety checkpoints simply do not work to prevent DUI from happening, nor to actually catch those drivers who are committing the crime. Although law enforcement agencies in Broward, Palm Beach, and Miami-Dade Counties, as well as anti-drunk driving organizations such as Mothers Against Drunk Driving continue to tout the sobriety roadblocks as effective, the hard data is conclusive: roadblocks are effective at generating revenue, but not at preventing driving under the influence of alcohol or drugs.

For example, Fort Lauderdale DUI attorney Moore says that the Lake Worth police department in Palm Beach County set up a DUI roadblock over the Fourth of July weekend, stopping drivers between 10:30 p.m. on Friday, July 3, and 1:00 a.m. on Saturday. The sobriety checkpoint netted a grand total of three arrests for DUI, which is probably an unusually high figure. Some roadblocks end with only a single arrest, for instance. The checkpoint did result in plenty of citations for other, generally less serious violations, however, including eight for driving with a suspended or revoked license, 14 for driving without a license, one for a child safety restraint, seven for adults not wearing their seat belts, 12 without proof of insurance, two drivers with improper equipment, and a variety of other non-criminal traffic violations. Notably, only a tiny fraction of problems police found were in any way related to the purported goal of DUI roadblocks: eliminating drunk driving on the streets of Broward County.

The reality is that sobriety checkpoints are a cash cow for police departments around the country. Law enforcement agencies look good to members of the community when they operate these checkpoints, as they are required to be publicized in advance and cracking down on DUI is a popular police goal. They are financially beneficial to the agencies because by directing traffic through the checkpoint, law enforcement officers can check the equipment, licenses, registration, and insurance of a high number of vehicles quickly – and issue more traffic tickets than they would otherwise be able to do.

Criminal defense studies have shown that the most effective crime deterrent is increasing the likelihood that criminals are caught. DUI checkpoints have little effect on this, as drivers must actually elect to go through them. Widespread police patrols are a more effective tool, cause less hassle for regular drivers, and do not implicate other police interests, such as the necessity of generating funds through citations.

Continue reading " Broward County DUI Lawyer Claims DUI Checkpoints Don’t Work " »

According to Broward DUI attorney William Moore, the legal drinking age has been a point of contention in south Florida and elsewhere for decades. After Prohibition was repealed, many states set the legal drinking age at 21, which was largely perceived as the time that young people truly entered adulthood. Only citizens aged 21 and over could vote at that time, says Fort Lauderdale DUI lawyer Moore. During the Vietnam War, however, young activist shed light on apparent discrepancies: at age 18, a man could be conscripted into military service, yet could not purchase a beer or even vote for representatives who made the decisions about his fate in the war.

Drinking ages varied and states adopted unique statutory schemes. Oklahoma, for example, had a lower drinking age for women than men, because state legislatures believed that young ladies were less apt to engage in youthful antics fueled by alcohol consumption compared to men the same age. Other states set differing ages for consumption of wine and beer versus hard liquor, or even consumption of alcohol at a restaurant or bar as opposed to off the premises. In most cases, the ages varied between 18 and 20.

In the early 1980s, the organization Mothers Against Drunk Driving formed and quickly became a large and influential lobbying group. MADD and like-minded organizations waged a nationwide campaign to raise the drinking age to 21 years. The campaign was extremely successful; Wyoming, the last state to “give in,” raised its legal drinking age in 1988, succumbing to federal pressure applied with strings attached to highway funding. Since that time, all fifty U.S. states have maintained a uniform legal drinking age.

Now, Fort Lauderdale DUI attorney Moore says that driving under the influence of alcohol or other substances is punished more harshly for drivers who are under the legal drinking age in the state of Florida. Drivers under the age of 21 can be convicted of DUI with a blood alcohol concentration of just 0.02 percent, or the equivalent, for many drivers, of just one drink before getting behind the wheel. Drivers who are over the legal drinking age can be convicted if they have a BAC at or exceeding 0.08 percent, although a driver can also be arrested for DUI if she seems impaired – even if her BAC is lower than the “legal limit.”

The following video is neither produced nor endorsed by William Moore, P.A.:

Continue reading " “Baby DUI” – Drinking and Driving Under the Age of 21 " »

Broward DUI lawyer William Moore has discussed the DUI Manslaughter case of former professional baseball player Jim Leyritz on this blog previously. Leyritz is a well-known ex-catcher and infielder who got a number of key hits during his 10 year career, which was spent largely with the New York Yankees, but also included stints with the San Diego Padres, the Los Angeles Dodgers, the Boston Red Sox, the Anaheim Angels, and the Texas Rangers. On December 28, 2007, Leyritz was arrested for driving under the influence of alcohol after his involvement in an early morning Broward County accident at a stop light. Law enforcement officers obtained two blood samples from Leyritz, which put his blood alcohol concentration at 0.14 and 0.13 percent. The samples were taken two and a half and three and a half hours following the accident, respectively, Fort Lauderdale DUI attorney Moore has learned. The driver of the other vehicle was killed. Police have also determined that her BAC was 0.18 at the time of the accident and the media has reported that her cell phone records indicate that she was texting and driving at the same time. Leyritz was ultimately charged with DUI Manslaughter for her death and is scheduled to go to trial in September.

Now, Broward DUI attorney Moore has discovered that Leyritz is apparently in additional legal trouble. Leyritz, who is 45 years old, has been free on pretrial release. He was arrested in Davie, where he resides, on July 2. The arrest was for domestic battery against his former wife, with whom he and his three children share a home. Police reported that Leyritz’s ex-wife gave at least two versions of events, stating that they argued over child support when he hit her in the face and shoved her to the ground. Later, she said that Leyritz pulled her out of bed and pushed her into a wall. The couple’s children were sleeping at the time of the incident. He is being held without bail after a judge ruled that the arrest violated the terms of his pretrial release, although Leyritz told law enforcement officers that his ex-wife was intoxicated and that her injuries were self-inflicted, as part of a scheme to punish him for his attempt to get her out of their home.

Continue reading " Fort Lauderdale DUI Attorney: Jim Leyritz, Facing DUI Manslaughter, Finds More Criminal Trouble " »

Law enforcement agencies throughout Broward, Palm Beach, and Miami-Dade Counties are expected to increase drunk driving patrols this weekend, says Broward DUI attorney William Moore. This is typical of any major holiday celebration, as police officers often put up sobriety checkpoints throughout the areas on Labor Day, Memorial Day, and particularly New Year’s Eve. Long weekends also tend to draw more partying, both on the roads and on the water. The Miramar police department, among others, has announced its intention to hold a DUI checkpoint from 8:00 p.m. on July 3 through 3:00 a.m. on July 4.

Sobriety checkpoints are subject to a number of constitutional restraints, notes Broward DUI lawyer Moore. For example, they must provide an opportunity to turn around and they must be clearly marked and visible from an appropriate distance. Law enforcement officers cannot pick and choose which drivers they want to assess; instead, they must have a neutral mechanism in place, which is determined by a superior in advance, along the lines of checking every single car or every third car. DUI roadblocks must also be announced to the public in advance. Generally, these DUI checkpoints garner significant revenue in the form of non-criminal traffic citations, but very few DUI arrests.

Boating under the influence is another consideration for this Independence Day weekend celebration. Many people in Fort Lauderdale and greater Broward County take to the water to celebrate the summer holiday on their boats. Unfortunately, Fort Lauderdale DUI attorney Moore has found that many are unaware of the consequences of drinking and boating – or even of the existence of a crime known as boating under the influence, or BUI. Boating under the influence is very similar to driving under the influence. A person who is operating or in actual physical control of a boat with a blood alcohol concentration (BAC) at or exceeding 0.08 percent can be convicted of the crime of BUI, if the act occurred in Florida waters.

Fort Lauderdale DUI lawyer Moore also reminds boaters to remember to follow the rules of the water, keep your boat properly licensed, and measure any lobsters caught to ensure compliance with local laws. Florida law enforcement officers will be patrolling the waterways as well as the streets to ensure that celebratory boaters are safe and following the letter of the law this weekend.

Continue reading " DUI Checkpoints Ramped Up Over Fourth of July Weekend " »