Florida DUI Lawyer Blog

One issue that Broward DUI lawyer William Moore sees while representing all kinds of clients is the possibility that a criminal offense or conviction for a crime can have consequences on the immigration status of a foreign-born individual. Many crimes can have immigration consequences. This includes even minor offenses such as petit theft.

Often, immigrants who have status -- for example asylum, refugee status, a green card, or temporary protected status -- wrongly assume that an arrest will not have a negative impact on their ability to remain in the United States lawfully, continuing to work, pay taxes, and contribute more generally to society. Likewise, those who lack lawful status in the United States may think that because they are already illegal, whether due to their method of entry into the country or staying longer than the period authorized, may incorrectly think that they cannot worsen or aggravate the situation. Neither assumption is correct.

Generally speaking, driving under the influence does not have adverse consequences for immigration, although there are notable exceptions. One of the most important is Temporary Protected Status, or TPS. Having one felony conviction or two misdemeanor offenses can be a problem for obtaining or renewing TPS. It is vital for immigrants to speak with an experienced immigration lawyer any time they are arrested due to the complex, technical, and often-changing nature of the immigration laws. Fort Lauderdale DUI lawyer Moore can assist clients with their individual needs.

In criminal law in the state of Florida, a conviction occurs when a person is found ‘guilty’. However, in immigration law, a conviction is more broad. For example, an admission of the essential elements of a crime can have the same effect as a true conviction. Further, a withhold of adjudication is treating the same as a regular conviction.

Perhaps most important for driving under the influence and immigrant issues is the need to ensure that a person who does not have lawful status does not remain in jail. If he does, it is common to get an immigration detainer (“ICE hold”) that will result in removal proceedings before the Immigration Court and frequently actualy deportation. There are competing interests, then: although a person may have a decent shot at winning his case at trial, if he has an offer from the State Attorney that does not include jail time, it may be advantageous (where it would not be in other cases) to avoid the detainer.

This article is not intended to represent any particular position; instead, it is a recognition of a criminal defense attorney’s duty (especially following recent Supreme Court case law) to look out for other consequences besides criminal punishment.

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" »

Fort Lauderdale DUI Attorney William Moore has represented a wide variety of clients in south Florida DUI cases, including immigrants to the United States. Because criminal history can affect immigration status – even leading to removal (often known as deportation) – it is important that any immigrant who has not become a U.S. citizen understand the consequences. Many immigrants are surprised to learn that criminal convictions that they perceived to be relatively minor, like DUI under Florida law, have far-reaching ramifications.

In criminal cases generally, and DUI specifically, there are three categories of crime that can result in your removal from the United States. The first are aggravated felonies. In American criminal law, this term has a different meaning than its immigration usage. Generally, the criminal code lists aggravating factors, such as DUI with a BAC exceeding 0.20 or DUI with a minor child in the car. In immigration law, the term aggravated felony has an expanded definition. For instance, the aggravated felony label include any crime of violence that is a felony, human trafficking, theft, burglary felonies, fraud or deceitful crimes that result in a loss of more than $10,000, murder, rape, and child sex offenses. The definitions have tended to be interpreted broadly, especially for crimes of violence. For instance, suppose you are a legal immigrant. You are apprehended by Fort Lauderdale police and arrested for felony DUI or DUI manslaughter. Your Broward DUI lawyer should, whenever possible, work to avoid having you sentenced to one year or more in prison. If you are sentenced to a year or more, even if the sentence is suspended, you may be subject to removal. Alcohol-related driving offenses that result in a sentence of a year or more are considered crimes of violence under the aggravated felonies section of the Immigration and Nationality Act. Also, aggravated felons are subject to expedited removal proceedings

A second type of criminal history that will make you removable is any crime involving moral turpitude. Even certain DUI and alcohol-related infractions can qualify as crimes involving moral turpitude. The term crime involving moral turpitude encompasses a broad set of behaviors deemed to violate basic standards of decency within a society. It can include everything from prostitution to mail fraud to theft – and even driving on a suspended license, if your license was suspended due to a previous DUI, DUI manslaughter, or other DUI-related offense. Driving on a suspended license after a single DUI may not seem outside the realm of societal decency, but Congress and the federal immigration courts use broad language. Immigrants should closely evaluate the immigration ramifications when contemplating DUI plea deals.

Additionally, you can also be removed for any conviction relating to a controlled substance, such as trafficking cocaine. Always consult a Fort Lauderdale DUI lawyer or an immigration attorney if you have questions about your DUI and immigration consequences.

Continue reading "Broward DUI Lawyer: DUI & Immigration Status" »

Broward County residents arrested for DUI should think hard about hiring an experienced Fort Lauderdale DUI lawyer. Many of our DUI clients have never been involved in the legal system before, whereas Fort Lauderdale DUI attorney William Moore has handled thousands of DUI cases. An experienced, trustworthy DUI lawyer will be someone you can call as soon as you are arrested and who will be there through the duration of your case.

Choosing an outstanding DUI lawyer is difficult. You may be able to obtain the attorney’s track record on his website or in the office. You should inquire as to whether the lawyer routinely DUI and the number of DUI trials he has handled. The most effective advocate is a lawyer who has handled numerous DUI cases and who can identify police mistakes that will win your case, is well aware of the problems with breathalyzers in Florida, and who will always be on your side.

A good Broward DUI lawyer will have tried numerous cases and worked in criminal law for years. William Moore worked as a both a prosecutor and a public defender prior to becoming a private DUI and criminal defense attorney. He knows how state attorneys think and will work to win your case. An excellent attorney will also explain the how the process works to you, so that you feel as comfortable as possible during every step of the process. Because many of our DUI clients do not have a prior a prior criminal record, we take pride in offering

DUI lawyer William Moore is committed to providing an aggressive defense on your behalf. We are willing to take your case to trial if necessary. We will investigate the testing of your blood or breath and police behavior in your case on your behalf. If your case goes to trial, we will safeguard your rights and work to keep the jury from hearing evidence that was collected illegally.

A highly experienced Broward DUI lawyer with a specialty in DUI can make the difference in your case. Even a first-time DUI conviction can result in a harsh sentence: fines and court costs of nearly $1,000, a year of probation, up to six months in jail, having your driver’s license revoked for up to a year, mandatory vehicle impoundment, an alcohol abuse evaluation, and required attendance at DUI school. In addition, a DUI conviction may seriously impact your current or future employment. A DUI can also adversely affect your reputation.

Continue reading "Fort Lauderdale DUI Lawyer: Reasons Why You Should Hire A Broward DUI Attorney " »

This is a first. A man arrested for DUI in Australia might have offered the most unique defense to driving under the influence yet: mosquitoes. The man, Stephen James Diggs, 30, who had been fishing with a friend, decided to drive home after having several beers and with a blood alcohol content of .236 because the mosquitoes were “absolutely horrific”. Diggs told police he took the risk of driving home drunk to avoid being bitten any further. A unique defense? Yes. A viable one? Actually it is.
Necessity is an affirmative defense to DUI. Only seen in very unusual fact patterns, affirmative defenses can lead to the acquittal of such a charge. Such a defense should be used with caution, however, as it requires the defendant to admit that he committed the crime but was justified in doing so. Generally, the defense of Necessity requires that the accused establish the following:

1. That there was a threat of injury
2. The danger was imminent
3. That driving was required to avoid the injury

If the facts in this case establish that the accused was in an area infested with mosquitoes and that his automobile was an open vehicle which could not have provided shelter, I think that he has a great case. If his automobile had windows and could have provided a safe haven, however, the defense of necessity would be unavailable to him. At least under Florida law.

The Right to Refuse a Breat Test in Florida & Implied Consent

Any person who exercises the privilege of obtaining a license to drive in Florida, or of operating a motor vehicle within the State, is deemed to have given his consent to submit to an approved chemical test or other physical test. These tests include, but are not limited to an infrared light test of breath for the purpose of determining the alcoholic content of blood or breath, and a urine test for the purpose of detecting the presence of certain chemical substances or controlled substances. These tests are applicable if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. In addition, a nonresident or any other person driving in a status exempt from the requirements of the driver’s license law, by the act of driving in that exempt status, is deemed to consent to these requirements.

-William Ryan Moore, Esq.