Posted On: October 29, 2009

TALLAHASSEE DUI LAWYER SOUGHT TO JOIN ESTABLISHED DUI DEFENSE FIRM

William Moore, P.A. is seeking an experienced Tallahassee DUI Lawyer to join our established DUI defense law firm. Applicants must be a qualified Tallahassee DUI Lawyer with at least five (5) years of exemplary Tallahassee DUI defense litigation history.
Tallahassee DUI lawyer must also have a bona-fide office located within Leon County that has been serving Tallahassee for a minimum of three (3) years.

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Posted On: October 29, 2009

TALLAHASSEE CRIMINAL LAWYER SOUGHT FOR EXPANDING FLORIDA CRIMNAL DEFENSE FIRM

Tallahassee Criminal Lawyer with outstanding litigation experience sought as new member to the expanding criminal defense firm of William Moore, P.A. Understanding that a successful Tallahassee criminal defense practice requires experienced local counsel, our office is currently interviewing Tallahassee Criminal Defense Lawyers. William Moore, P.A. is an established defense firm with years of experience and a proven criminal litigation track record.
Tallahassee criminal lawyers interested must be able to provide evidence of excellent Tallahassee criminal defense litigation history.

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Posted On: October 29, 2009

ORLANDO DUI ATTORNEY SOUGHT TO JOIN WILLIAM MOORE, P.A.

The DUI law firm of William Moore, P.A. is seeking a qualified Orlando DUI Attorney in furtherance of Statewide DUI practice. Lawyer should have been practicing a minimum of five years with vast experience in litigating Orlando DUI Cases. Case track record and evidence of successful motion practice is required. Orlando DUI attorneys interested are urged to contact any of our South Florida offices.

*Those responding via correspondence are asked to reference Orlando DUI Attorney.

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Posted On: October 29, 2009

ORLANDO DUI LAWYER SOUGHT TO JOIN ESTABLISHED DUI DEFENSE FIRM

Orlando DUI Lawyer Sought.

Established DUI law firm seeks experienced Orlando DUI Lawyer to expand DUI defense practice. Attorney must have a minimum of five years experience in litigating Orlando DUI Cases. Case history and evidence of motion practice is required. Orlando DUI Lawyers interested in joining William Moore, P.A. are urged to contact Diane Matson at any of our South Florida offices.

Lawyers responding via correspondence are asked to reference Orlando DUI Lawyer.

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Posted On: October 24, 2009

DUI and Sleep Medications

Driving under the influence, which is also popularly known as driving while intoxicated (DUI/DWI) or driving while impaired, is most commonly the result of intoxication from drinking alcohol. For this reason, states have set a level of blood alcohol concentration at which intoxication is presumed, says Broward DUI attorney William Moore. Following guidelines issued by the federal government in order to obtain highway funding, every state ultimately complied with the federal mandate that the states lower the level at which a driver is presumed impaired to 0.08 percent. However, intoxicating substances other than alcohol are often at play when a driver is suspected of impairment. Sometimes these are illegal drugs, including cocaine, heroin, meth, and even marijuana. Other times they are prescription or even over-the-counter medications. Because the effects of drugs, including alcohol, are amplified when combined with one another, it is important to be careful.

For example, a driver might take a Benadryl to cope with her severe allergies, Fort Lauderdale DUI lawyer Moore hypothesizes. She might know that the medication makes her somewhat drowsy, but not too bad, and not so much that she feels like she could not drive safely (although Broward DUI lawyer Moore does not suggest that anyone drive if they are too sleepy or too impaired to do so). If the same woman has two glasses of wine over dinner with her boyfriend before heading home, she may also think she is okay at that point. However, the combination of the wine and the allergy medication’s side effects may render her too impaired to drive.

Likewise, sleep aids may cause side effects that result in an arrest for DUI, says Broward drunk driving lawyer Moore. The effects of the prescription sleep aid Ambien have been well-documented and are especially alarming because subjects have been known to sleepwalk out of their beds and into their vehicles. One study found that five percent of those drivers who were urine-tested for Ambien in Miami-Dade came up positive, suggesting that the issue is quite common. Xanax, the anti-anxiety medication, is also known to cause impairment, especially when combined with alcohol or other drugs.

Many people who try to behave responsibly have unfortunately gotten caught up in bad situations in which they were arrested for drunk driving. Any time you take a medication, be careful about possible side effects, especially when taking more than one at the same time. DUIs are not caused exclusively by alcohol and recreational drugs; medications such as cold and allergy drugs, pain medications, and sleep aids may also be involved.

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Posted On: October 22, 2009

DUI Arrests in the News

Broward DUI lawyer William Moore likes to keep abreast of the drunk driving cases in the news, as they heavily influence the public perception of DUI arrests and convictions, in addition to the science behind DUI in some cases. However, many stories are just public interest pieces of news due to the humor or novelty of the situation or the fame of the person arrested for driving under the influence of drugs or alcohol.

Last year, Dennis LeRoy Anderson, a feisty 62-year-old, was arrested in Minnesota, says Fort Lauderdale drunk driving lawyer Moore. Anderson had previously had contact with the police in a separate DUI incident on an earlier occasion. Law enforcement officers arrested Anderson for DUI after he was spotted operating his motorized La-Z-Boy recliner in a parking lot, allegedly in an intoxicated state. Anderson took pride in his chair and had it outfitted with the works: a lawnmower engine to propel it, headlights, and even a stereo system for music or to listen to a sports game. Although the scene must have been pretty funny, police officers were not amused, and took him into custody. Anderson’s blood alcohol concentration was allegedly at .29 percent, about two and a half times the .08 level at which the law presumes a driver is too impaired to operate a motor vehicle. Perhaps surprisingly, Anderson took a plea agreement. In exchange for his guilty plea, Anderson received two years of probation and no jail time. Because this is his second drunk driving conviction, Anderson’s sentence was likely harsher than it would have otherwise been.

More recently, an up-and-coming Hollywood star was arrested on suspicion of driving while intoxicated. Stephanie Pratt, who is featured in the MTV hit series the Hills, attended the birthday party of fellow cast member Holly Montag. According to local law enforcement authorities, she was arrested around 3:45 in the morning after officers observed indications from the operation of the vehicle that she was impaired. Pratt is 23 years old. A spokesperson for the Los Angeles Police Department told People Magazine that the arrest occurred without incident and that Pratt was “cooperative.” She does not have any prior DUI arrests.

Fort Lauderdale DUI lawyer Moore notes that driving under the influence is the type of arrest that can happen to almost anyone. DUI clients vary greatly, but many first-time DUI offenders have no prior criminal record.


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Posted On: October 17, 2009

Driving Under the Influence and Related Crimes: Property Damage, Serious Bodily Injury, and DUI Manslaughter by Fort Lauderdale DUI Lawyer

Driving under the influence is a criminal charge virtually anyone can pick up, says Broward DUI lawyer William Moore. In fact, many people who come to his Fort Lauderdale office have never been previously arrested. Others come with multiple DUI arrests in the past. In either scenario, Fort Lauderdale DUI attorney Moore can provide outstanding legal representation in the local criminal justice system. Additionally, he handles other types of criminal defense cases and DUI with property damage or causing serious bodily injury. He also represents defendants in DUI manslaughter cases.

Simple driving under the influence often comes with related charges. However, several defenses are available, according to Fort Lauderdale DUI attorney Moore. For example, if the breath test machine was inaccurate or not properly calibrated, the law enforcement official did not have a valid reason to stop the vehicle in the first place, there was no breathalyzer test, the police officer did not properly administer the roadside field sobriety tests – all of these factors could have ramifications for the state’s case against you.

DUI causing property damage is a common charge after a person is involved in a car accident and the law enforcement officials responding to the scene suspect the driver is intoxicated (under the influence of drugs or alcohol). This can happen several ways: an accident with another car is one, particularly if the other vehicle sustains significant damage. Unfortunately, even a relatively minor car accident can result in hundreds or thousands of dollars worth of auto repair bills. Rear-ending a vehicle at a red light, side-swiping another car during freeway merging, making a left turn in front of oncoming traffic, and failing to yield can all cause accidents with notable damage. Of course, these accidents are not necessarily the fault of the driver who is accused of DUI. Alternatively, the accident could be a single-car accident involving public property, like a stop light or utility pole, or items on private property such as a mailbox or even a building or home.

DUI with serious bodily injury and DUI manslaughter are often charged when a driver is accused of being drunk and is involved in an accident in which people are hurt or killed. These cases are often very emotional for both the driver and his or her family as well as the victim and his or her loved ones. Experienced legal representation is key, as all of these are felonies and can result in lengthy prison sentences upon conviction.

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Posted On: October 15, 2009

What Signs of Driving Under the Influence Do Law Enforcement Officials Look For?

Broward DUI lawyer William Moore says that all drivers should be aware of the signs that might catch the attention of a police officer who is out on late-night patrol, looking for drunk drivers and making DUI arrests in the Miami-Dade, Broward, and Palm Beach metro area. Although each law enforcement officer or agency may have ideas about what behaviors are suspicious, it is clear that certain driving patterns consistently arouse officers’ suspicions across the country. The National Highway Safety Traffic Administration, which is charged with road safety, among other tasks, is a federal agency that handles drunk driving and other issues. The NHSTA has compiled a list of erratic driving signals that should tip off a law enforcement officer when a driver may be too impaired to safely (or legally) operate a motor vehicle. These include:

* Swerving
* Making wide turns
* Stopping for no reason
* Drifting out of the lane
* Straddling the lines marked on the road
* Weaving
* Tailgating
* Odd braking
* Driving the wrong way into oncoming traffic
* Sudden speeding up or slowing down
* Driving more than 10 miles per hour slower than the posted speed limit
* Other signs, including simply appearing to be intoxicated


Interestingly, some signs are more likely to indicate driving under the influence of alcohol or drugs than others. It is more likely that a driver who straddles the lane marker is drunk than one who drives at night without his or her headlights turned on. Likewise, drifting or driving significantly under the speed limit are more likely to indicate intoxication than a slow response to a traffic light or making an illegal U-turn.

Some law enforcement officers state that they sometimes consider speeding to be another sign of a driver who is committing a DUI, but the National Highway Safety and Traffic Board data does not bear out that belief. In any case, a law enforcement officer must always have reasonable suspicion that a crime is occurring, has just occurred, or is about to occur in order to conduct a traffic stop (with the exception of DUI checkpoints or sobriety roadblocks, which have their own special rules).

Fort Lauderdale DUI lawyer Moore reiterates that this means that police officers cannot simply stop a vehicle for no reason. They cannot stop a car due to the driver's or passengers' race, age, or other factors. Instead, they must have a suspicion that they could articulate -- not only a gut feeling -- and it must be reasonable. For example, a police officer who smells marijuana smoke coming from a vehicle will have a reasonable suspicion that a crime is or has just occurred and will thus be able to stop the car. However, if he simply saw a group of young men in the car who looked to him like pot-smokers, that feeling would be insufficient.


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Posted On: October 9, 2009

Strange but True DUI Stories from Fort Lauderdale DUI Lawyer William Moore

Michael Ackerman was out of luck when he went looking for a snack this week, says Broward DUI attorney William Moore. The South Carolina resident went to the burger chain Jack in the Box for some food. He pulled through the drive-through, but the odd site caught the attention of local sheriff’s deputies: Ackerman was riding (or driving) a lawn mower. After he was served, the suspect “drove” away and was ultimately apprehended at a nearby hotel. Fort Lauderdale DUI lawyer Moore notes that Floridians are often surprised that a person could be charged with driving under the influence (DUI), often colloquially called driving while intoxicated (DWI), when they are not operating a motor vehicle such as a car or truck. Typically DUI arrests in Fort Lauderdale and around the state of Florida occur when motorists are suspected of drunk driving by police who stopped them for that or an unrelated reason.

Occasionally, however, an odd allegation of DUI makes its way into the national news, such as Ackerman’s arrest, according to Broward DUI lawyer Moore. Other notable odd DUI arrests in recent memory include a many who was arrested for allegedly operating an ice rink clearing machine known as a Zamboni while under the influence in Maine – the charges were eventually dropped – and residents Colorado, Georgia, Alabama, and possibly other states who have been charged with DUI on horseback.

In fact, Fort Lauderdale DUI attorney Moore says there have been at least two widely-publicized cases of horseback riders being charged with driving under the influence in recent years. An Alabama woman was charged with the crime, along with various drug offenses, after she rode a horse through a small town around midnight in 2007. The woman and her horse were causing traffic problems; other motorists even had to swerve to avoid hitting them. As the last straw, the woman allegedly attempted to ram the police vehicle with the horse. The horse was apparently uninjured and the woman involved did not face animal cruelty or similar charges. A different woman was arrested for DUI after steering her horse onto a highway in rural Georgia and trying to merge with traffic, causing an incident with a car traveling on the highway. Heather Darnell, who was 22 years old at the time of the offenses, was also issued a ticket for entering a lane of traffic on the horse, according to law enforcement authorities.

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Posted On: October 7, 2009

The Tie Between Alcoholism & DUI -- Broward DUI Attorney William Moore

The relationship between convictions for driving under the influence of alcohol (or DUI, sometimes called driving while intoxicated or DWI) is popularly believed to be clear-cut, says Fort Lauderdale DUI attorney William Moore. For most people, who have never been arrested for drunk driving, they falsely deduce that those who are must regularly drink to excess and be full-blown alcoholics. The hypothesis does not actually pan out, says Broward County DUI lawyer Moore.

The reason people believe this myth is frequently rooted in their own personal contacts and experiences. A homemaker may know that she does not drink heavily and has never been arrested for DUI, but her great-uncle famously drank heavily, often embarrassing himself, and was arrested several times for DUI. Further, if she believes that the other people in her social group who lead lifestyles similar to her own have also never been arrested for DUI, it seems to prove her notion. One issue with logic is that she may know people who have been arrested for or convicted of a single DUI, but did not publicize the incident.

Fort Lauderdale DUI lawyer Moore believes that the reliance on personal knowledge (or sometimes lack thereof) of the drinking habits of others fuels the misconception. Studies bear out the idea that a lot of people get arrested for driving under the influence but are not alcoholics. They are frequently young people who have had too much to drink at a party or nightclub and are seriously shaken by their arrest -- enough that they are never again arrested.

However, the profile for a fourth-time DUI offender, a crime that is charged as a felony in the state of Florida, paints an interesting picture, according to a recent Kansas study. Those who are arrested for driving under the influence multiple times share many common characteristics: 90 percent are men, 87 percent have an income less than $30,000 per year, 79 percent are white, 67 percent are unmarried or separated from their spouses (many are divorced), and 15 percent have a mental illness that is not being properly treated. The average age of a DUI offender who has been arrested more than once is mid-forties, which may be another surprise to those who envision young people as the only ones who drive after too much to drink. Although the rate for reoffending after a first DUI is lower, the same study showed that of those who were convicted for a second DUI, 80 percent would go on to a third incident. This information leads to the conclusion that aggressive, long-term treatment is perhaps more appropriate than harsh punishment for repeat offenders.

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Posted On: October 3, 2009

Fort Lauderdale DUI Attorney—Leyritz Case Continued (Part Two)

In Part One of this series, we discussed how former New York Yankees catcher Jim Leyritz was granted a continuance in his DUI manslaughter trial after the discovery of a sought-after videotape which may show that the crash happened ten minutes earlier than prosecutors and police had previously thought, notes Fort Lauderdale DUI lawyer William Moore. Here we will examine some of the conclusions toxicology experts have made about the absorption of alcohol into the blood and the history of the Leyritz case up to this point.

Toxicology experts generally estimate that the highest blood alcohol content a person achieves after social drinking usually occurs within 30 minutes to an hour of his or her last drink, says Broward DUI lawyer Moore. After two hours from the time a person consumes the last drink, blood alcohol content will start to decline as the rate of elimination of alcohol exceeds the rate of absorption of alcohol into the blood. Therefore, according to these principles, if Leyritz had consumed his last drink within 30 minutes to an hour of the crash it is likely that he was still in the absorption phase and his blood alcohol content was rising. He would have had a lower blood alcohol concentration if the crash occurred at 3:08 A.M. than at 3:19 A.M., as state prosecutors have argued. Even if Leyritz ‘s BAC is still calculated at over the legal limit of .08, a lower level of intoxication would be a relevant fact in this case since the victim, Freida Veitch, was determined to have a BAC of .18 at the time of the crash. Veitch was returning home from work as a bartender at the time of the crash and had allegedly consumed several shots immediately prior to leaving work. Unfortunately, Veitch was not wearing a seatbelt at the time the accident occurred, according to Fort Lauderdale DUI attorney Moore.

The late disclosure of this videotaped information in this case, nearly two years after the crash, shocked Broward Circuit Judge Marc Gold, who granted Leyritz’s request for a continuance. The case has dragged out since December 2007 for several reasons, with Judge Gold revoking Leyritz’s bond in this case following a domestic violence arrest involving his wife. Leyritz has been given a new bond and was ordered to have absolutely no contact with his wife for the remainder of the proceedings in this case. Additionally, the State Attorney’s Office had attempted to revoke Leyritz’s bond prior to his domestic violence arrest for making several attempts to drive his vehicle with a higher blood alcohol content than allowed by his ignition interlock device. Leyritz defended himself by stating that his interlock device had malfunctioned and he provided a urine sample to police officials which did not show the presence of alcohol.

Continue reading " Fort Lauderdale DUI Attorney—Leyritz Case Continued (Part Two) " »

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Posted On: October 1, 2009

Fort Lauderdale DUI attorney: Jim Leyritz Trial Delayed After Release of New Videotape—Part One

The trial of former New York Yankees catcher Jim Leyritz for DUI manslaughter in Broward County Circuit Court has been delayed until this December or next January due to the release of a controversial videotape, Broward DUI attorney William Moore has learned. The video appears to show that the crash happened ten minutes earlier than prosecutors had initially theorized based on other available evidence. The State Attorneys and police authorities who have been working on Leyritz’s DUI case had calculated that Leyritz ran a red light and crashed into Fredia Ann Veitch’s sport utility vehicle at 3:19 A.M. in downtown Fort Lauderdale in December 2007, Fort Lauderdale DUI lawyer Moore has learned.

On September 4, however, a representative for Leyritz announced that his legal team had uncovered a video which showed Veitch driving past a surveillance camera at 3:08 A.M. Leyritz’s defense now contends that Veitch’s driving pattern and rate of speed in the video show that the crash may have occurred ten minutes earlier than prosecutors had initially believed. Leyritz will have experts view the videotape to establish the victim’s rate of speed and use this information to determine when the crash occurred based on the tape and other information, Broward DUI lawyer Moore says. Leyritz’s team estimates that the speed Veitch was driving, according to the video, could help authorities determine when the crash occurred because there were no traffic lights to slow her down.

There may also be an issue with discovery, Fort Lauderdale DUI attorney Moore believes. Leyritz apparently sought the tape for a year, but had been told repeatedly by city officials that no tape of the intersection or of Veitch’s vehicle existed. If the crash occurred ten minutes earlier than originally thought, the change in timing could also affect toxicology reports regarding Leyritz’s blood alcohol concentration at the time of the accident. Police collected two blood samples from Leyritz after the crash. The first, two and a half hours following the crash, showed a blood alcohol content of .14. The second was taken an hour after the first (three and a half hours from the crash) found a blood alcohol content of .13. Leyritz may argue that he would have been less drunk if the crash occurred closer to 3:08 A.M. than 3:19 A.M. because the alcohol would have had less time to absorb into his blood.


Continue reading " Fort Lauderdale DUI attorney: Jim Leyritz Trial Delayed After Release of New Videotape—Part One " »

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