Florida DUI Lawyer Blog

By all accounts, Diane Schuler was a happy woman who was devoted both to her husband and to the couple’s children. She loved her family dearly, says Broward DUI lawyer William Moore, and that is the reason that investigators continue to unravel the mystery surrounding her role in the alleged drunk driving accident that left eight people dead in New York just weeks ago – including Schuler herself.

According to law enforcement officials, Schuler’s vehicle entered a major highway going the wrong direction. She was in the driver’s seat, Fort Lauderdale DUI attorney Moore has learned. She drove the minivan down the off ramp and onto the Taconic State Parkway, where her van collided head-on with a sport utility vehicle. Another car was involved in the massive accident, as well.

As a result of the collision, three adults in the SUV were killed. Additionally, Schuler herself was killed, along with three children who were passengers in her vehicle. Her daughter and two nieces, who family report that she loved very much, died in the accident. Schuler’s young son was the sole survivor of the horrific accident.

Fort Lauderdale DUI lawyer Moore says investigators believe that Schuler was engaged in drunk driving due to her odd driving and other clues. The coroner’s office conducted an autopsy of Schuler and ruled that her blood alcohol concentration was 0.19 percent, more than double the 0.08 percent level at which the law presumes a driver is impaired. The report also stated that Schuler’s body had additional alcohol in her stomach that had not yet entered her bloodstream. Further, law enforcement officials say that the broken shards of a bottle of vodka were found at the crash site, and it is believed to have been in the car with Schuler. Lastly, the report states that Schuler had marijuana in her system at the time of the brutal accident, although experts concede that information is far from conclusive: traces of marijuana can stay in the body for as long as a month after the drug is used.

Investigators have interviewed more than 50 people close to Schuler, including friends, family members, and co-workers. Each time they have gotten the same response: no one had ever seen her driving drunk – or even in a state of intoxication under any circumstances. The autopsy found absolutely no evidence of prior alcohol abuse, either, and her family maintains that she would never have acted in such a reckless manner because she was responsible and loved her children.

Continue reading " Fort Lauderdale DUI Attorney -- Continuing Mystery in High-Profile DUI Case, Follow-Up " »

A jury deliberated for only two hours this week before coming back with a verdict that may have saved the career of one man, says Broward DUI lawyer William Moore. Joe Baird was cleared of wrongdoing when the six-member jury panel returned a verdict of not guilty in his DUI case.

Prior to the verdict, however, the alternate juror delivered a concerned note to the judge. According to the alternate, who listened to the testimony and other evidence presented in the trial, but did not have a role in making the final decision on the case, one of the jurors was possibly unable to stay fair and unbiased. The juror in question, according to the alternate, had attended the funeral of a friend’s child who was killed in a drunk driving accident. Incidentally, that friend had also been called up as a potential juror prior to the selection of the final jury to hear the DUI case, but she was excused due to her prior drunk driving experiences related to the loss of her child.

According to Fort Lauderdale DUI attorney Moore, the testimony in Baird’s case was somewhat unusual. Baird’s longtime girlfriend and an assistant testified about Baird’s serious problem with balance. They stated that he suffers from serious vertigo and cannot do some day-to-day activities like most people can. For that reason, the defense contended that he failed the roadside field sobriety tests, but that police officers had been unwilling to accept his explanation. There was limited testimony about the amount Baird had been drinking. One witness testified that he purchased an alcohol drink for Baird shortly before the county administrator left a party the evening of his DUI arrest, but did not see him consume the beverage. Other witnesses reported seeing him drinking early in the night, but only about two beers, which would almost certainly not have been enough to leave him too impaired to driver several hours later.

Baird also refused to submit to a breath alcohol test, which are almost always requested in cases in which a law enforcement official suspects DUI, says Broward drunk driving lawyer Moore. Because he refused to submit to the breath test, Baird’s Florida driver’s license will be suspended for one year as an administrative matter. However, he will not face criminal punishment, such as jail time, probation, or DUI school.

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According to the federal Department of Transportation, the figures for women arrested for DUI are increasing, says Broward DUI attorney William Moore. The numbers will come as no surprise to seasoned DUI lawyers, judges, and law enforcement officials in Fort Lauderdale. For years, the percentage of women arrested for driving under the influence has inched up, although women remain much less likely to be arrested for DUI than men, even now.

The Department of Transportation says that the number of women arrested for DUI increased about 29 percent between 1998 and 2007, Fort Lauderdale DUI attorney Moore has learned. Meanwhile, the numbers for men are dropping slightly, by about 7.5 percent. Overall, women are comprising a much larger share of DUI arrests than they did several decades ago.

In 1998, approximately 126,000 women were arrested for driving under the influence of alcohol or drugs. By 2007, that number ballooned to more than 162,000. In the same period of time, the statistics for men dropped from about 677,000 to about 626,000. The figures show that although men are still far more likely to be arrested for DUI, the figures for women appear to be skyrocketing.

One issue may be that drunk driving education programming focuses more on young men, as the most likely DUI perpetrators. Another issue may simply be that women are drinking more and partying more in their 20s – and beyond. The average age of a woman’s first childbirth has risen over the years, as young people delay marriage and having children. That trend leaves more time for partying for young people. Drinking heavily, or even binge drinking, has also probably become a more socially acceptable behavior for women to engage in. Heavy drinking used to be something that only men engaged in (at least publicly).

Years ago, law enforcement agencies did not take DUI as seriously as they do today. Laws are tougher and the emphasis on enforcement has grown significantly, says Fort Lauderdale DUI attorney Moore. Rather than offer an intoxicated woman a ride home, in order to save her embarrassment or just to be nice, law enforcement officials will now administer breath tests and field sobriety tests. If the driver fails, she will be placed under arrest for driving under the influence of alcohol or another impairing substance, just as a male driver would.

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Several months ago, a state inspector for the Florida Department of Law Enforcement was fired for improperly calibrating breath test (or breathalyzer) machines, says Broward County DUI lawyer William Moore. The inspector deliberately tampered with the testing process in order to produce more “favorable” results for the state – i.e., if it appeared that the breathalyzer device would show that it was not well-calibrated, she prevented the machine from completing the test. The inspector made a habit of cutting of the power supply to the breath test machines. In addition to preventing a reliable calibration test, the inspector’s maneuver also prevented the breathalyzer device from recording the results of the test, which would have shown that it was improperly calibrated. A wrongly-calibrated breath test device cannot give accurate measurements of a subject’s breath alcohol concentration, which is used when a person is arrested for the crime of driving under the influence or driving while impaired.

In addition to each law enforcement agency’s regular inspection of the DUI devices, the state conducts regular inspections, as well. The state’s inspections of the machines occur just once a year and are conducted to verify the accuracy of the local law enforcement agency’s machines, which can also ensure that their testing is fairly reliable.

A Broward County judge recently ruled that the results of breath tests from one of the machines in particular cannot be used as evidence in DUI cases pending before him. Other judges have not yet ruled on the issue, but Fort Lauderdale DUI attorney Moore says that the debate is contentious, but an important issue. Although the State Attorney’s Office has insisted that the breathalyzer machines are “extremely accurate,” the fact that they may not have been properly calibrated – and we cannot know how many times a machine would have failed a test – is extremely problematic for DUI defendants who are facing possible criminal penalties due to the state’s reliance on these machines.

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Law enforcement officials serve as examples for the community, which is one reason why local residents are especially unnerved – or even angered – when they are caught breaking the law, says Broward DUI attorney William Moore. That’s why area residents north of the tri-county Palm Beach/Broward/Miami-Dade metro have up in arms about the recent arrest of a deputy of the Sheriff’s Office in St. Lucie County.

Consuela Hall Curtis, who is 49 years old, was arrested recently after an off-duty law enforcement officer spotter her vehicle weaving and otherwise engaging in dangerous driving behaviors. Fort Lauderdale DUI lawyer Moore notes that failure to maintain a single lane is one of the most cited reasons by law enforcement agencies for conducting a traffic stop due to suspicion that the driver is under the influence of alcohol or drugs.

At the time of the off-duty police officer called in the weaving sport utility vehicle, Curtis was in her personal vehicle and was not on official business for the Sheriff’s Office. Curtis reportedly attempted – and eventually failed – to properly park her SUV by backing it into a parking space. She made four attempts before eventually parking on the grass, according to the arrest affidavit.

Curtis, who resides in Port St. Lucie, told the deputy who arrested her – who must have been a co-worker – that she had consumed two beers when she went to the beach prior to getting behind the wheel. However, breath alcohol test readings calculated her BAC at 0.144 and 0.153 percent and she was booked for driving under the influence. The arresting deputy also noted that she stumbled from her SUV after her bad parking job. Prior to the DUI arrest, Curtis worked at the courthouse, providing security. She has been placed on administrative leave pending the outcome of the DUI charge, but she continues to draw her salary.

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Back in March of this year, a 15-year-old girl was accused of driving under the influence of alcohol in Naples. The girl, Karina Campbell, was charged with DUI Manslaughter because she was involved in an accident that resulted in the death of a 16-year-old boy, says Broward DUI lawyer William Moore. Because DUI Manslaughter is an adult crime that carries serious penalties, Campbell faces a maximum of 15 years in a Florida prison if she is convicted.

Campbell’s blood alcohol concentration shortly after the accident was measured at 0.165, or more than twice the limit at which an adult driver is presumed to be too impaired to drive. For a driver under the age of 21, that reading is actually more than eight times the level at which the law presumes a driver is intoxicated. Additionally, Campbell did not have a driver’s license. The state of Florida requires that a potential driver be at least 16 years of age before he or she can be licensed to operate a motor vehicle. For those reasons and others, Campbell’s DUI case will be difficult.

Broward DUI attorney Moore says there is evidence that suggests Campbell was driving 70 miles per hour in a 30 mile per hour zone, which may be evidence of the level of recklessness she was exhibiting at the time the fatal accident occurred.

Unfortunately, this DUI Manslaughter case has been tragic for both the family of the 16-year-old boy who was killed and for Campbell’s own family. Campbell was only charged this month after a lengthy investigation into the circumstances surrounding the accident and death. The teens were apparently engaging in a common activity in that area: driving at a fairly high rate of speed over several train tracks in an effort to briefly lift the car off the ground. In this case, the SUV flipped over after driving off of a ramp erected by the train tracks, ejecting Campbell and her two passengers.

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Earlier this year, the national media descended upon Miami to cover the DUI Manslaughter case of Donte Stallworth, notes Fort Lauderdale DUI attorney William Moore. Stallworth was a star professional football player who has a home in the Miami-Dade area. He was out for a night drinking in swanky Miami Beach clubs when he left to return to his home in the early hours of the morning. Stallworth’s vehicle struck Mario Reyes, a local construction worker who was crossing the street to catch a bus after finishing his night shift job. Stallworth immediately contacted the police, but Reyes was killed in the accident, Broward DUI lawyer Moore says.

Stallworth’s blood alcohol concentration was 0.126 at the time of the accident, in excess of the 0.08 percent level at which Florida law presumes a driver is too impaired to drive. The football player has maintained that he flashed his lights and honked his horn to warn Reyes prior to the collision and a police investigation of the accident determined that Reyes was not crossing the street in a crosswalk, Fort Lauderdale DUI attorney Moore says.

The family of Mario Reyes, including his wife and teenaged daughter, apparently sought a quick resolution to the criminal case, as well as the civil case they filed against Stallworth, so that they could move on with their lives. Stallworth accepted a plea deal from Miami-Dade prosecutors that has been widely criticized for its perceived leniency, providing for only about a month in jail, followed by a longer period of house arrest and probation. He also agreed to settle the family’s civil suit for an undisclosed sum of money.

Recently, Stallworth was successful in his bid to challenge the house arrest conditions. He wanted to be able to leave his house five times per week to work out with a personal trainer, due to his need to maintain a very high degree of physical conditioning. The State Attorney’s Office opposed the motion, however, since he is not currently employed as a professional football player. Nonetheless, the judge granted the motion over the state’s objection, leaving Stallworth free to work out at a local high school with a trainer five times per week. He is also allowed to leave his home for employment purposes, to engage in community service, and for certain other court-approved activities.
 

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Broward County DUI Lawyer William Moore reports that a few months ago, back in February, Alexandra Torrens-Vilas was driving her car in Hollywood, says Fort Lauderdale DUI attorney William Moore. She admits that she had been drinking a little bit, but had not had a lot to drink, and she believes she was not committing a DUI. She had been attending a party and was driving home – with a stray cat she had rescued. Torrens-Vilas was taken by surprise when the cat jumped from the car. She braked quickly to locate the stray cat. While her car was parked along the side of the road, her vehicle was struck from behind by a police patrol car. The patrol vehicle was driven by Hollywood police officer Joel Francisco – a cop who has been in seven crashes while driving a patrol vehicle since 2000, Broward County DUI attorney Moore has learned.

Four police officers, including Francisco, ultimately arrived at the scene of the accident. There, they administered a breath alcohol or breathalyzer test, which they say showed that Torrens-Vilas was extremely intoxicated. But Torrens-Vilas disputes that claim and the State Attorney’s Office later dropped the DUI charge that had been filed against her. Why? Fort Lauderdale DUI lawyer Moore says that incontrovertible evidence of the officers’ dishonesty emerged.

The police officers conspired to protect Francisco from facing punishment for causing the accident. Dewey Pressley was one of the police officers present on the scene and he, along with the other officers, was captured building a story to protect Francisco and to “hang [Torrens-Vilas] out to dry.” The dashboard camera of one of the patrol vehicles caught the conspiracy on film. Calling his imaginative police report “a little Walt Disney,” Pressley, as a veteran cop, told the other officers, “I’m gonna tell you exactly how to word this so we can get him off the hook.” Although Pressley claims on the video that he does not approve of lying, he says he will do so if necessary to protect another police officer.

Because police reports are signed under oath by the officers, it appears that the police officers involved likely committed perjury. At this point in time, however, prosecutors have not filed any charges against the officers, although all have been suspended from their duties with pay. Meanwhile, the dashboard video has become an internet sensation and Torrens-Vilas is planning a civil lawsuit against the Hollywood Police Department for the damage to her reputation and other costs she has endured as a result of the charges filed against her.

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Driving under the influence, or DUI, is one of the most dangerous things a person can do behind the wheel of a car, according to Broward DUI attorney William Moore. DUIs or alcohol-related accidents are responsible for an estimated 16,000 deaths per year in the United States, or close to 40 percent of all traffic related fatalities. Approximately 42,000 people are killed every year in traffic accidents, says Fort Lauderdale DUI attorney Moore, and the overall percentage of traffic deaths caused by alcohol has decreased steadily over the past 25 years (from a high of about 60 percent). The total number of traffic deaths, however, has remained fairly stagnant. One reason may be the other dangerous driving behaviors occurring with alarming frequency on the roads – especially as our day-to-day lives have become even busier and more fast-paced.

There is some evidence that texting while driving is as dangerous, or even more dangerous, than driving under the influence of alcohol. The epidemic of texting while driving was initially a problem affecting teenage drivers, says Fort Lauderdale DUI lawyer Moore, but the problem is growing among other segments of the population, as well. Several tragic accidents, both on the road and involving public transport, have been caused by texting and driving at the same time. A recent study also shows that working professionals, such as lawyers, real estate agents, financial brokers, and others are especially guilty of texting and even emailing behind the wheel of their cars. One reason: these fast-paced professionals feel pressure to be available around-the-clock. Their Blackberries and similar mobile devices make it possible, creating the potential for serious accidents – just like DUI can.

Eating while driving at the same time is another culprit, as is talking on the phone while driving. Drivers who are trying to down a Caesar salad or even a sandwich cannot devote their full attention to the road and are more likely to cause traffic accidents. Driving a manual transmission vehicle while eating is especially difficult! Although headset devices (Bluetooth) allow hands-free chatting and driving, the fact remains that the driver is distracted more than he would be under more ideal circumstances. While it is not clear that eating or talking are as dangerous as DUI, they remain problems on our public roads.

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