Florida DUI Lawyer Blog

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.

Continue reading "DUI Arrests in the News" »

In recent years, Mothers Against Drunk Driving and other interest groups have waged wars not only on drunk driving/DUI, says Broward DUI attorney William Moore, but also on the consumption of alcohol more generally. In particular, the group (not surprisingly, as it is largely composed of parents) has taken a stand against underage drinking and, of course, underage of “baby” DUI, which in Florida requires only a blood or breath alcohol concentration of 0.02 percent in order to prove the crime.

Nationally, Fort Lauderdale DUI attorney Moore says that many people have called for reform of the legal age to consume alcohol. In most states, the legal drinking age was 18 years, at least until laws changed across the country in the 1980s and 1990s. Now, Broward DUI lawyer Moore says that the legal drinking age is 21 in every state.

The United States is almost completely alone in the world at setting the legal drinking age so high and there are many advocates both for and against the relatively high age. After all, those against it sometimes argue, a young person can smoke and buy cigarettes, fight for his country in the armed forces (and even be drafter per the Selective Service), and perhaps most compellingly, take the vows of matrimony upon reaching his 18th birthday in any state in this country. And yet, after completing basic training or a hard day at work or even just at a frat party, he cannot legally consume a beer.

On the other hand, there a lot of people who support the current drinking age, and particularly due to its perceived impact on DUI and drunk driving-related fatalities. They argue that binge-drinking is increasingly common, even among young women (which is a relatively new phenomenon, at least in its more widespread current state), and that lowering the drinking age would only condone youthful drinking and make alcohol and a partying lifestyle more accessible to impressionable young people under the age of 21. They also believe that the higher legal drinking age saves lives because they contend that there are fewer intoxicated people under the age of 21 on the public roads.

One possible compromise might be a drinking age of 19, like Canada has, or a split age law, as is popular in many European countries. For example, a teenager might be permitted to consume lower-proof alcoholic beverages such as beer and wine with parents or when ordering a meal at the age of 16, but would be unable to purchase “hard” liquor until age 18, 19, or even older. Proponents of this kind of system argue that teenagers would be in a position to learn responsible drinking habits from and with their parents – instead of at parties with their binge-drinking friends at that age or a few years down the road.

Continue reading "Fort Lauderdale DUI Lawyer – Responsible Consumption of Alcohol and Driving Under the Influence (DUI)" »

In recent years, Mothers Against Drunk Driving and other interest groups have waged wars not only on drunk driving/DUI, says Broward DUI attorney William Moore, but also on the consumption of alcohol more generally. In particular, the group (not surprisingly, as it is largely composed of parents) has taken a stand against underage drinking and, of course, underage of “baby” DUI, which in Florida requires only a blood or breath alcohol concentration of 0.02 percent in order to prove the crime.

Nationally, Fort Lauderdale DUI attorney Moore says that many people have called for reform of the legal age to consume alcohol. In most states, the legal drinking age was 18 years, at least until laws changed across the country in the 1980s and 1990s. Now, Broward DUI lawyer Moore says that the legal drinking age is 21 in every state.

The United States is almost completely alone in the world at setting the legal drinking age so high and there are many advocates both for and against the relatively high age. After all, those against it sometimes argue, a young person can smoke and buy cigarettes, fight for his country in the armed forces (and even be drafter per the Selective Service), and perhaps most compellingly, take the vows of matrimony upon reaching his 18th birthday in any state in this country. And yet, after completing basic training or a hard day at work or even just at a frat party, he cannot legally consume a beer.

On the other hand, there a lot of people who support the current drinking age, and particularly due to its perceived impact on DUI and drunk driving-related fatalities. They argue that binge-drinking is increasingly common, even among young women (which is a relatively new phenomenon, at least in its more widespread current state), and that lowering the drinking age would only condone youthful drinking and make alcohol and a partying lifestyle more accessible to impressionable young people under the age of 21. They also believe that the higher legal drinking age saves lives because they contend that there are fewer intoxicated people under the age of 21 on the public roads.

One possible compromise might be a drinking age of 19, like Canada has, or a split age law, as is popular in many European countries. For example, a teenager might be permitted to consume lower-proof alcoholic beverages such as beer and wine with parents or when ordering a meal at the age of 16, but would be unable to purchase “hard” liquor until age 18, 19, or even older. Proponents of this kind of system argue that teenagers would be in a position to learn responsible drinking habits from and with their parents – instead of at parties with their binge-drinking friends at that age or a few years down the road.

Continue reading "Fort Lauderdale DUI Lawyer – Responsible Consumption of Alcohol and Driving Under the Influence (DUI)" »

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.

Continue reading "Fort Lauderdale DUI Attorney – More Women Arrested for Drunk Driving than in Previous Years" »

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.

Continue reading "St. Lucie Deputy Arrested for Driving Under the Influence" »

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.

Continue reading "Fort Lauderdale DUI Attorney Discusses Underage DUI" »

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.

Continue reading "Broward County DUI Lawyer: Hollywood Police Officers Caught Making Up DUI" »

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" »

Generally, driving under the influence means operating a car after having too much alcohol to drink to do so safely, says Broward DUI attorney William Moore. That is not the only circumstance in which a person can be charged with DUI, however, and the other situations that can result in a criminal charge are often surprising. Fort Lauderdale DUI attorney Moore hopes that law enforcement agencies use their discretion in making DUI arrests.

Boating under the influence is one common crime that many people are surprised they could be face criminal charges for committing. Relaxing with friends and family on a sunny Saturday afternoon with a cooler of beer is a fun pastime, but law enforcement agencies patrolling the water can and do make arrests for BUI when the operator of the boat is over the 0.08 percent blood alcohol concentration level at which Florida law presumes the driver of a motor vehicle is impaired. The operator can also be arrested if there is other evidence to indicate that the person is impaired, even without knowledge of the person’s BAC or when the person’s BAC is lower than BAC but nonetheless displays symptoms of intoxication.

Operating other “vehicles” besides cars and boats can result in a DUI, as well. For example, riding a bicycle while intoxicated can fall within the meaning of the DUI statute. Around the country, people have been arrested for operating various types of vehicles while intoxicated – including tractors and other farm equipment. One man was arrested for operating a Zamboni ice-clearing machine while under the influence of alcohol at a New Jersey ice-skating rink, although a judge later ruled that a Zamboni does not meet the definition of a “motor vehicle” according to state law.

The intoxicating substance need not be alcohol, says Fort Lauderdale DUI lawyer Moore. In fact, many people are arrested for DUI based on a police officer’s suspicion that the person is under the influence of cocaine, ecstasy, methamphetamines, or other drugs. A person can even be arrested for DUI when operating a car under the influence of common prescription drugs, like Ambien and Xanax. In some cases, police have alleged that over-the-counter drugs, especially allergy medications like Benadryl, played a role in a driver’s impairment.

Continue reading "Broward DUI Lawyer – DUI Not Just for Driving and Not Just for Alcohol" »

According to Broward DUI attorney William Moore, Sheriff’s Deputy Charles E. Grady, Jr., who is 39 years old, was forced to resign earlier this spring after he was convicted of two counts of battery. The battery charges were misdemeanor offenses and Grady was sentenced only to two years of probation. Still, the community has unresolved questions about the former deputy’s conduct, as well as the apparent nonchalance of supervisors and prosecutors in the face of mounting complaints during Grady’s years with the office.

Fort Lauderdale DUI lawyer Moore says information pertaining to the numerous complaints has now come to light. Nine different women made formal complaints about his behavior during traffic stops, including stops for DUI. Part of the reason their allegations did not go anywhere was probably the perceived credibility of the women who made the complaints: several were strippers, another had psychological problems requiring hospitalization shortly after the accusation, and one woman had a prior criminal record, which include three arrests for driving under the influence.

Numerous women complained that Grady touched them inappropriately during DUI or other traffic stops and made degrading remarks. There were even allegations that Grady had used pepper spray on a woman and that he “hog-tied” another, a woman who later received a civil settlement following her DUI traffic stop. One woman says that he visited her in her hospital room after she suffered severe injuries in a traffic accident – and he threatened her and called her obscene names. Worst of all, Grady was accused of forcing a stripper he stopped to perform oral sex on him. He threatened her with his police-issued weapon, she says, and said he would kill her if she reported the incident.

Despite at least 17 complaints from women who claimed they were abused, Grady remained on the job. Local newspapers have speculated that law enforcement officials discredited the women’s accounts in part because many of them were strippers and that Grady was given a free pass because other officials look out for each other. Now, Grady is no longer licensed to work as a law enforcement officer in the state of Florida, as part of a plea deal that prevented any jail time at all and ensured that prosecutors would not pursue a charge of felony armed sexual battery.

Continue reading "Fort Lauderdale Drunk Driving Lawyer – Broward Deputy’s History of Complaints" »

A Broward County woman has been charged with driving under the influence of alcohol and child abuse stemming from an accident that occurred in April, Broward DUI attorney William Moore has learned.

According to media reports, Diann Lopez, who is 34, was driving her sport utility vehicle on April 18, exceeding the posted speed limit on Seminole Pratt Whitney Road in Loxahatchee. Her vehicle allegedly sideswiped another vehicle as it crossed the double yellow line, striking a pickup truck driven by 17-year-old Kelsea Frick head-on. A BMW then collided with Frick’s truck from behind.

Frick suffered serious injuries, requiring surgery on her legs, and was also treated for injuries to her head and abdomen. A passenger in her truck was treated at an area hospital and later released. She and Lopez had to be removed from their respective vehicles by emergency responders. Like Frick, Lopez underwent leg surgery and received treatment for head and abdominal injuries. Lopez was unable to maintain consciousness when she was removed from her vehicle. The driver and passengers in the vehicle that Lopez allegedly sideswiped were also treated and released. Fort Lauderdale DUI lawyer Moore says that these injuries are consistent with typical reports from accidents occurring at relatively high rates of speed.

Law enforcement officials found five empty beer bottles, one broken bottle, and six bottles that had not yet been open inside the vehicle belonging to Lopez. It is not clear, however, that Lopez was drinking the beers at the time she was driving. Additionally, her 18-month-old son, Dwayne Lopez, was riding in the back seat of the SUV at the time of the accident. He was released into the care of relatives and police did not provide information on his medical condition or whether he was injured. His mother’s blood samples indicated that her blood alcohol concentration was in excess of 0.1 percent, above the 0.08 percent at which Florida law presumes a motorist is intoxicated.

Lopez was also charged with child abuse because her son was present in the vehicle, says Broward DUI lawyer Moore. Under the Florida child abuse statute, an act of child abuse must be an intentional infliction of physical or mental injury to a child or an intentional act which the actor could reasonably expect to cause such injury. A person can also be convicted under the child abuse statute by actively encouraging another person to commit such an act.

Continue reading "Broward County – Loxahatchee Woman Faces DUI, Child Abuse Charges" »

Driving under the influence of alcohol is a relatively new crime that developed with the rise of the automobile, according to Broward DUI lawyer William Moore. There was no common law equivalent offense, like operating a horse-drawn carriage under the influence, so DUI developed as a statutory scheme in the 1900s. Over time, DUI laws have become stricter and stricter. Organizations devoted to anti-drunk driving advocacy and state legislators have never been compelled to loosen restrictions, instead progressively tightening the laws governing DUI throughout the twentieth century. Fort Lauderdale DUI attorney Moore says that this movement has probably had both good and bad consequences: although DUI laws and particularly DUI enforcement can exceed the boundaries of rationality at times, it is generally positive to prevent and deter people from driving while under the influence of alcohol to protect the general safety of the public.

The first law criminalizing DUI dates back to 1910. The New York state legislature passed the law and, in due course, other states began to follow suit. These statutes were the predecessors to the laws that make up part of the DUI legislation used in Florida at the present time. Most people are familiar with the 0.08 percent blood alcohol concentration level at which the law presumes a driver is impaired, but they may not be familiar with the statute that simply makes operating a motor vehicle while impaired – even if the driver’s BAC is well under 0.08 percent – a crime. Like this component of modern Florida law, the early DUI laws did not specify a method of measuring intoxication.

Later, in 1938, the American Medical Association studied alcohol impairment and made recommendations that the states should establish 0.15 percent as the level at which a driver was presumed drunk. For reference, a 180 pound man would probably have to consume between seven and eight beers in only an hour to achieve that level of intoxication – an amount that almost everyone would agree is excessive before getting behind the wheel. Likewise, a female weighing 130 pounds would have to consume five glasses of wine in an hour, or approximately an entire bottle, to be impaired under that standard.

The 1980s saw a tremendous shift in DUI law, says Broward DUI attorney William Moore. In addition to changed standards as to what constitutes impairment, organizations such as Mothers Against Drunk Driving advocated for significantly more law enforcement officials devoted to arresting drunk drivers. The 1990s continued this trend, resulting in harsher sentencing even for first-time offenders. Now, the level at which a driver is presumed to be intoxicated is 0.08 percent BAC in every U.S. state, almost half of what it was several decades ago.

Continue reading "History of Drunk Driving" »

Tolerance for alcohol varies from person to person and is correlated with factors such as sex, weight, experience, and the frequency with which a person consumes alcohol. These factors explain why one person might just feel relaxed after three drinks and another would feel quite impaired. Broward DUI lawyer William Moore finds that clients report feeling widely varied levels of intoxication, from absolutely none to inability to remember the events, at the time of their DUI arrests. Law enforcement officials are trained to identify intoxicated drivers by both their driving and their behavior during a traffic stop, but their evaluations are imperfect. Still, which factors do police officers and sheriff’s deputies use to evaluate a driver’s condition?

Many law enforcement agencies have a specific set of guidelines. The National Highway Traffic Safety Association has published a list of symptoms for law enforcement officers to use when identifying intoxicated drivers. The percentages next to each behavior indicate the statistical likelihood – according to the NHTSA – that the vehicle’s driver is intoxicated. The following table and percentages are from the NHTSA:

Turning with wide radius 65%
Straddling center or lane marker 65%
Appearing to be drunk 60%
Almost striking object or vehicle 60%
Weaving 60%
Driving on other than designated roadway 55%
Swerving 55%
Slow speed (more than 10mph below limit) 50%
Stopping (without cause) in traffic lane 50%
Drifting 50%
Following too closely 45%
Tires on center or land marker 45%
Braking erratically 45%
Driving into opposing or crossing traffic 45%
Signaling inconsistent with driving actions 40%
Stopping inappropriately (other than in lane) 35%
Turning abruptly or illegally 35%
Accelerating or decelerating rapidly 30%
Headlights off 30%

The list gives a good idea of some factors police officers will notice and may attribute to drunkenness. Interestingly, there is only a 60 percent chance that a driver who appears drunk actually is, which is one reason why the testimony of a police officer that a defendant appeared intoxicated is far from conclusive. Making unusually wide turns is actually more likely to be symptomatic of intoxication than appearing to be intoxicated is. A police officer looking to determine if a DUI suspect is intoxicated will look for evidence of intoxication, such as red eyes, a flushed appearance, the smell of alcohol on the suspect, and other factors.

Continue reading "What Tips Off a Police Officer for DUI Arrests?" »

Broward DUI attorney William Moore is aware the at law enforcement officials have a difficult job. The decision to arrest a suspect is not always clear-cut, especially if there remains large amounts of investigative work to be done. Unfortunately, making the wrong decision on these tough calls can have lingering bad effects. If the suspect should have been arrested and subsequently either commits an additional crime or simply alludes police (and justice), there is likely to be outcry in the community. If the suspect was wrongfully arrested, did not commit the crime at all, or even if there is just not enough evidence for a prosecutor to prove the case beyond a reasonable doubt, there are likely to be consequences as well. Fort Lauderdale DUI lawyer Moore believes that while law enforcement officers should use their best judgment, they should always be mindful of suspects’ constitutional rights.

On March 27, police responded to a car accident in Oakland Park. Paramedics there treated a dazed man at the scene. The man, 31-year-old Davydson Soares of Pompano Beach, allegedly smelled strongly of alcohol and apparently did not remember driving. Soares allegedly caused a fatal wreck by driving the wrong way on a highway on-ramp, killing a person in another vehicle.

Investigators took two blood samples from Soares, Fort Lauderdale DUI attorney Moore has learned. The first, collected one and a half hours after the accident, showed a blood alcohol concentration of 0.16 – twice the 0.08 percent level at which state law presumes a driver is impaired. A second sample, collected two and a half hours after the crash, showed a BAC of 0.15 percent. Prosecutors could use these blood samples as strong evidence to show that Soares was impaired at the time of the car accident.

Soares was not arrested at the time because prosecutors have only three weeks to file charges against a suspect after an arrest. Oftentimes, the lab results take longer to process and law enforcement officers need to investigate the alleged crimes more thoroughly, both to assure that they are making the correct arrest and also to build the strongest case possible against the person they believe to be the perpetrator. There are downsides, however: now, police cannot locate Soares, and critics think he should have been arrested at the time of the accident. He presented a foreign passport as his identification and thus could have been perceived as a flight risk. The greater the perceived likelihood of a suspect to flee is, the more likely it is that law enforcement will make an immediate arrest instead of risking a situation like the one in which they find themselves with Soares.

Continue reading "Fort Lauderdale DUI Attorney: State Troopers Lose DUI Manslaughter Suspect" »

Donte Stallworth, the wide receiver for the professional football team the Cleveland Browns, has surrendered to law enforcement officials. Stallworth has been charged with DUI Manslaughter as a result of an accident on March 14 that occurred on the causeway that connects Miami and Miami Beach. Miami DUI lawyer William Moore extends his condolences to the victim’s family and reminds tourists and other South Beach partygoers to drink responsibly.

According to law enforcement officials, Stallworth was driving his 2005 Bentley back to Miami at about 7:00 a.m. after a night of partying till dawn at the swanky Fontainebleau hotel. Mario Reyes, a local Miami resident, was getting off of work. He was a night-shift crane operator. Reyes was crossing the street on the causeway to get to the bus stop to go home when Stallworth was driving on the same road. Stallworth struck fatally struck Reyes. News media outlets have reported that Reyes was not in the crosswalk at the time of the accident. Stallworth stayed at the scene of the accident and was reportedly cooperative with police, telling them, “I’m the driver of that car…I hit the man lying in the road.” Police believe that Stallworth’s vehicle was traveling at about 50 miles per hour in an area with a speed limit of 40 miles per hour. Stallworth’s blood alcohol concentration was measured at 0.126 percent, above the 0.08 percent at which Florida state law presumes a driver’s faculties are impaired.

Stallworth was charged with DUI Manslaughter in the death earlier this week. Stallworth surrendered, appearing in court and posting bail of $200,000. He was accompanied to court by his mother, Donna, and made a statement to the press expressing his deep condolences to the Reyes family and that the has “full faith and confidence in the legal process.” His DUI defense attorney said that the crash was a “tragic accident” and that “there are no winners here,” with regard to his client’s defense.

While he is out on bail, Stallworth will not be permitted to consume alcohol or drive. He will be permitted to travel between Cleveland and Miami, but must seek approval for any other travel. According to Broward DUI lawyer Moore, such restrictions are common.

Stallworth rose to fame playing college football for Tennessee. Before signing a $35 million contract with the Cleveland Browns, he played for three other NFL teams. He has been plagued by injuries in recent months.

Continue reading "Miami DUI Manslaughter -- Donte Stallworth Surrenders to Miami Beach Police" »

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" »

Palm Beach DUI attorney William Moore was saddened to hear about the massive accident in Cooper City on February 13. According to law enforcement officials, Henry Sandoval, 27, was responsible for causing the accident. He failed to stop at a red light at about 11:00 p.m. at Highway 441 and Stirling Road near the Seminole Hard Rock Hotel and Casino. As a result, his Chevrolet Silverado hit a Toyota, pushing it into a number of other vehicles. All together, seven cars were involved in the motor vehicle accident. West Palm Beach DUI lawyer Moore is sorry to report that there were two deaths as a result of the accident: Harriet Phillips, 67, and Francis Colavita, 69, were seated in the back of the Toyota that sustained the initial impact. Both received critical injuries. Phillips passed away on February 14 from her injuries, while Colavita survived until February 16.

Seminole police arrested Sandoval. Shortly after the accident, police measured his blood alcohol content, getting two separate readings at 0.22 and 0.19, both well over the 0.08 percent level at which a driver is presumed to be too intoxicated to operate the vehicle. He has been charged with six counts of DUI with property damage, three counts of DUI causing serious bodily injury, and two counts of DUI manslaughter for the deaths of Phillips and Colavita. Sandoval, who resides in Cooper City, is being held at a Broward County jail. The judge did not set a bond in his case.

West Palm Beach DUI lawyer Moore notes that information published in the media indicates that Sandoval was not seen behind the wheel of the vehicle. In order to be convicted of a DUI offense, including DUI manslaughter and DUI causing serious bodily injury, the prosecution must demonstrate that the criminal defendant was in “actual physical control” of the car. Showing actual physical control is usually fairly simple – a police officer saw the intoxicated driver actually driving the car or seated by the wheel, or perhaps another motorist can testify to that fact. In some cases, the government can show actual physical control even when the “driver” was only seated in the driver’s seat, but the car’s ignition was not turned on. The keys do not even need to be in the ignition, nor does the car need to be on a public road. In this case, the investigation seems to be centering on evidence within the car. Law enforcement officers have collected the deployed air bag from Sandoval’s Chevrolet. Police have also swabbed the vehicle. If they find Sandoval’s DNA on the airbag, for example, that evidence could show that Sandoval was operating the vehicle at the time of the tragic accident.

Continue reading "Cooper City Man Arrested for DUI in Massive Crash – West Palm Beach DUI Attorney" »

Fort Lauderdale DUI lawyer William Moore recently read that a Palm Beach County Sheriff’s Deputy faced humiliating DUI arrest last Friday night. According to the police report, a local West Palm Beach law enforcement officer was on 45th Street when he heard the jarring sound of tires squealing in an effort to stop. The officer discovered a patrol vehicle careening sideways on the I-95 exit ramp on the southbound side. The patrol car hit the curb and ultimately collided with a palm tree. Fortunately, no one was injured in the one-vehicle accident. Nonetheless, Fort Lauderdale DUI defense attorney Moore is disappointed that a Palm Beach County Sheriff’s deputy would engage in such dangerous behavior.

Officers administered a field sobriety test to the deputy driving the patrol car, Christopher M. Grube, who is 38. Grube failed the field sobriety test at the scene and was arrested on a misdemeanor DUI charge. He was booked and released early on Saturday on his own recognizance. The Palm Beach County Sheriff’s Office has informed reporters that Grube has been placed on administrative leave since his DUI arrest. Grub apparently called in sick and did not report to work on the day of his arrest. Prior to being placed on leave, Grub was involved in a training program with the office.

This is not the first South Florida cop gone bad story to hit the newsstands this week. Police in Hialeah, Florida arrested 36-year-old Rolando A. Bolanos, Jr. in connection with a bank robbery. Bolanos is a former Hialeah police officer and his father was a police chief. He fled the Hialeah BankAtlantic location after giving a bank teller a note demanding cash. Bolanos was a Hialeah police officer for six years, ending his term of service in 2003.

The incident involving Deputy Grube is another mark on the record for West Palm Beach law enforcement officials. Although most police officers are great public servants, there are a few bad apples. Last August, the West Palm Beach police department released a surveillance video of its own officers beating an armed robbery suspect. The Associated Press copy of the video can be seen here:

A clip of the West Palm Beach police force can be found below. The law enforcement officers were training for demonstrations outside of the Palm Beach County courthouse.

Fort Lauderdale DUI lawyer William Moore hopes that the recent trend of police officers getting arrested will end soon. The West Palm Beach police officers serve as role models in their community. Additionally, engaging the crimes each allegedly committed creates a serious safety risk to innocent bystanders. DUI and armed robbery both carry serious risk to the life and limb of others in the area. Fort Lauderdale DUI defense attorney William Moore does not have any information about the current legal representation of Deputy Grube or former police officer Bolanos.

Continue reading "West Palm Beach DUI Lawyer – Palm Beach County Deputy Hits Tree in DUI " »

According to the Palm Beach Post, DUI manslaughter charges have been filed by the Miami Office of the State Attorney against a Miami man who allegedly struck and killed a pedestrian on Brickell Avenue on January 24. Miami-Dade police allege that 40-year-old Richard Anthony Doval is responsible for the death of noted local doctor Robert Geronemus. Broward DUI lawyer William Moore does not currently have any information concerning the DUI defendant’s legal representation or if he has retained a Miami DUI lawyer.

The criminal defendant, Richard Doval, who has been charged with DUI Manslaughter and Leaving the Scene of an Accident:

Witnesses say that Dr. Geronemus and three other Broward County doctors were crossing Brickell Street on a crosswalk at about 9:00 p.m. The group was in Miami for a medical conference and had just finished eating dinner at the Capital Grille. The stop light changed to green and a truck plowed through the intersection, striking the doctor and throwing him 65 feet, resulting in his death. The other three people in the group were able to avoid being struck by the truck.

Richard Doval, the driver of the truck, did not stop after the collision. He continued driving, followed by witnesses who contacted police. The witnesses drew the attention of a local police officer who was not on duty who stopped Duval.

Miami-Dade police investigators reported that Doval appeared intoxicated, slurred his words, and smelled of liquor. Doval explained that the body damage to his truck had been caused by an accident involving a mailbox rather than striking a pedestrian. Doval had a open, half-empty container of liquor in the truck. He was arrested.

Dr. Geronemus specialized in the treatment of kidneys and had Broward County offices in Coral Springs and Lauderdale Lakes. Colleagues in the medical community contend that Dr. Geronemus was one-of-a-kind and truly irreplaceable. The physician was 60 years old at the time of the accident and resided in Plantation. He is survived by his family, including his three daughters and one stepdaughter. Services for Dr. Geronemus were held on January 27 in North Lauderdale. Broward County DUI lawyer extends his condolences to the Geronemus family during this tough time.

The Brickell Avenue location at which Dr. Geronemus was struck can be viewed on the map below:

View Larger Map

Continue reading "Broward DUI Attorney: DUI Manslaughter Charges in Broward Physician’s Death" »

Broward DUI attorney William Moore believes firmly that his clients should only be searched or frisked when the law clearly permits it. In certain situations, police may not search you without your agreement. A frisk, which is a patdown over your clothing, is allowed in certain situations when your car has been stopped. Broward County DUI lawyer William Moore educates his clients about their rights in these tough situations.

A police officer may frisk you even if you are not under arrest if he believes that you are armed or dangerous and are involved in a crime in some way. He may not frisk you without a clear reason for his belief.

If you are pulled over for driving under the influence, the police officer may frisk you if he believes it is warranted and can provide a reasonable explanation for his belief that you may be armed or dangerous and have committed a crime (DUI, in this case). During the frisk, he should only be looking for a concealed weapon. The police officer can check for weapons in order to protect himself. According to a recent Supreme Court decision, the officer can also frisk a passenger in your car if he believes that person is armed or dangerous.

Following an arrest, the police may search you more fully in what is known as a search incident to arrest. In that case, you have fewer protections and the police may look for items beyond just concealed weapons, such as drugs or other evidence of illegal activity.

During the traffic stop, the Fort Lauderdale police may ask you to submit to a field sobriety test. Although these tests are not terribly accurate, they may allow the officer to get a sense of whether or not you are intoxicated. For instance, the police may have you walk across a straight line to test your balance during a sobriety test. Of course, you have to get there first. This is not a good way to begin a field sobriety test:

In addition to walking heel-to-toe across a straight line, the police may ask you to stand on one foot or to do other activities. During the test, they will expect you to comprehend and follow directions well. They are also likely to administer a breathalyzer or to take a blood sample in order to get a more precise reading of your blood alcohol content. If you have been arrested for DUI, contact a Broward DUI defense lawyer as soon as possible. Attorney William Moore will represent you during the entire process, including your driver’s license hearing.

Continue reading "Palm Beach DUI Lawyer: Stop & Frisk and Field Sobriety Tests" »

Broward DUI lawyer William Moore knows that the reason DUI offenses are enhanceable – meaning that the more times you are convicted of DUI, the more severe the punishment – is to discourage repeat DUI offenses and maintain safe roads. The Florida mechanism for dealing with repeat driving offenses is, to a large degree, the points system. The Florida Department of Highway Safety and Motor Vehicles requires that, in most cases, a traffic offense will result in points on your driver’s license. If you accumulate enough points in a specified period of time, the DHSMV will suspend your license. Broward DUI attorney William Moore regularly represents DUI clients at administrative driver’s license revocation hearings at the DHSMV.

A Miami-Dade man, however, has managed to thwart the system. In a county in which “withholding of adjudication” is common, where by the person accused of a traffic offense is allowed to pay fines and attend traffic school without receiving points, subpar drivers may stay on the road longer. The various driving misadventures of Gabriel Delrisco, who is 40, have come to public attention recently after the man apparently ran a red light, causing an accident that killed three children in another vehicle. The crash is still under investigation, pending law enforcement officials’ conclusions as to whether Delrisco was under the influence of alcohol and if the brakes on his sport utility vehicle were operable at the time of the accident.

Many observers are questioning why Delrisco even had a driver’s license at this point in time. Since 2001, Delrisco has received 26 separate traffic citations – several of them criminal, including DUI. All of the citations occurred in Miami-Dade County. In the past eight years or so, Delrisco has been cited for a wide variety of offenses, including driving under the influence , failing to stop at a stop sign, driving without a license plate on his vehicle, driving the wrong way on a one way street, leaving the scene of an accident, and other citations. Most of the tickets were for moving violations, such as speeding.

At the time of the accident, Delrisco continued to have a valid commercial driver’s license for his business. Besides withholding of adjudication in some of his cases, he also avoided points in other ways. The citation for leaving the scene of an accident was subsequently dropped and the police officers did not always show up in court for some of the others. In some cases, officers referenced the incorrect traffic law on the citation and in other cases, the evidence was insufficient to maintain the charges against him.

Now, Delrisco is recovering from surgery following the collision. His attorney reports that he has been deeply affected by the children’s deaths and has been trying to make contact with the family to extend his condolences. Delrisco has two children of his own.

Continue reading "Miami-Dade DUI Attorney –- Awful Driver Retains License" »

Broward DUI attorney William Moore has found that some of his clients believe that the police can pull them over for no reason, as though it is just a part of being a licensed driver on Florida roads. While the law does incorporate required breathalyzer submission and obeying the traffic laws into the privilege of driving, the police cannot stop your car without any reason and then arrest you if they find a reason. Of course, Broward DUI defense lawyer William Moore knows that many DUI arrests are made because the police see or are alerted by a local citizen to a driver who is weaving, crossing the center line, moving at an oddly sluggish rate, or demonstrating other tip-off characteristics of an intoxicated driver.

An example of driving behavior that will always get you pulled over in Broward County:

In that case, the police officer clearly had a reason to stop the vehicle. But what if you are in a situation in which the Fort Lauderdale police pull you over for no reason at all, then see the beer cans littering the floorboard, and ultimately administer a breath test that you fail? Fort Lauderdale DUI attorney William Moore educates his clients about illegal traffic stops – when police make a traffic stop for no reason at all or for an invalid reason.

Generally, the police must have a reasonable suspicion that a crime is being committed, was committed, or is about to happen. For example, if they spot your car weaving, they can pull you over because they suspect that you are driving under the influence. They may not, however, pull you over without reasonable suspicion or for any invalid reasons, such as your race or ethnic background. If you are pulled over without reasonable suspicion and the police discover that you are intoxicated, but they would not have known but for the stop, then a skilled Fort Lauderdale DUI lawyer should be able to keep the evidence from ever coming into the courtroom. The police officer in that case violated your constitutional right to be free from unwarranted searches and seizures. In legalese, all evidence obtained from the unconstitutional traffic stop is “fruit of the poisonous tree,” meaning that all the evidence the police obtained from the traffic stop is tainted because they never should have pulled you over in the first place.

If you have been arrested for DUI in the south Florida Miami-Dade/Broward/Palm Beach metropolitan area, contact the office of experienced DUI defense lawyer William Moore immediately. Swift action is important in order to preserve your driving privileges and begin your defense.

By the way, this is a funny video (which was not made or endorsed by Broward DUI defense attorney William Moore) about how you are supposed to act during a routine traffic stop, like speeding:

Continue reading "Broward DUI Attorney: Traffic Stops and Fruit of the Poisonous Tree" »

Broward DUI lawyer William Moore defends a lot of DUI cases, from first-time DUI to DUI Manslaughter. Despite the variety of DUI cases an experienced Broward DUI defense attorney handles, there are always new and interesting stories. Read on for a few in the news this week.

A 27-year-old Miami man, Paul Bravo, was arrested in Islamadora in the Keys at 3:00 in the morning on Sunday. Law enforcement officials discovered Bravo driving his 2006 Infiniti on a bike path in a park, rather than on the main road. Bravo indicated that he was driving to his parents’ home. H e also explained his rationale to police: he thought it was better to drive on the bike path because he thought one of his tires might be flat. The police officers who pulled over Bravo administered field sobriety tests, which Bravo failed. He was arrested for DUI and also charged with carrying a concealed firearm, possession of drug paraphernalia, and possession of cocaine.

Likewise, Bravo’s passenger, Adriana Velasquez, 20, was searched. She was charged with illegal possession of the prescription drug Xanax, possession of marijuana, possession of drug paraphernalia, and having a false driver’s license.

Broward DUI attorney William Moore also recently came across an interesting story out of Georgia, our northerly neighbors. An unidentified female University of Georgia student was discovered passed out in her vehicle in Athens, Georgia. The incident occurred at 2:00 a.m on Sunday morning. Police officers found the young woman, who is 20, unconscious or asleep in the driver’s seat of the vehicle. The keys were still in the ignition and the car was idling at a stop light – and still in drive. A police officer climbed into the vehicle and put the car in park and turned it off. Eventually, the student awoke and told police that she had been consuming alcohol at a party earlier in the evening. She was charged with DUI as well as underage drinking.

Broward DUI defense attorney William Moore advises his clients to drink responsibly. A DUI arrest and subsequent conviction has long-term consequences, such as driver’s license revocation, probation, even jail time. Driving under the influence includes any kind of intoxication such that you are too impaired to drive, even if it is from prescription or over the counter medication. For example, taking too much of the anti-anxiety medicine Xanax, even if obtained with a prescription, prior to getting behind the will could result in a DUI if you were too impaired to operate your car safely.

Continue reading "Broward DUI Attorney – Wacky DUI Stories from the Southeast This Week" »

Fort Lauderdale DUI lawyer William Moore regularly addresses issues concerning accurate collection of blood alcohol and breath alcohol content in his DUI defense practice. In some states, such as Arizona, DUI suspects face blood tests whether they like it or not and they are not administered by a physician. In fact, the state has received millions of dollars from the Highway Traffic Safety Administration to implement the program.

In Florida, police may take blood, breath, or urine under implied consent rules. If an officer wants to test your blood after you were involved in an accident, he must have probable cause to believe you have been drinking. In Arizona, however, the standards are significantly more relaxed. The police officer chooses the method and increasingly, even small police forces are electing to draw blood rather than rely on breathalyzers.

Blood evidence is considered to be more reliable than breath testing. There are many flaws with the breathalyzers used in Broward County and throughout Florida. Blood testing is subject to fewer variables, like the secret software inside breathalyzers, which even the government agencies employing the devices do not have access to.

Blood testing by local police officers in Miami-Dade, Broward, and Palm Beach Counties still sounds disturbing. Inserting a needle into someone poses many more health risks, such as exposure to disease for the officer or unsafe testing conditions for the DUI suspect. In Arizona, regular police officers are authorized to perform the test following a short course in phlebotomy (also known as venipuncture, the practice of drawing blood).

Blood drawing by police officers raises some serious concerns. For example, what if the encounter between the DUI suspect and the police officer was confrontational leading up to the blood draw? Collecting blood is substantially more invasive than blowing into a breathalyzer . In certain situations, the blood may be drawn forcibly at the scene. In Florida, procedures seem more reasonable. Although the implied consent law covers blood and urine in addition to breath testing, all blood draws must be performed by a physician, a licensed nurse, or other qualified medical professional, such as a phlebotomist/lab technician. In short, police in Broward County may not insert needles into you when they pull you over because you were weaving on the road. Instead, you will likely be tested at a local hospital. Police officers in Arizona, however, are training to draw blood samples on one another. Fort Lauderdale DUI attorney William Moore believes this disturbing trend is probably the new wave in DUI arrests, but hopes that the Florida legislature will stay sensible and keep needles in the hands of the medical community and not law enforcement.

Continue reading "Palm Beach DUI Lawyer: Drawing Blood to Test for DUI: Florida Remains Sensible" »

Broward County judges, juries, the Florida legislature, and even friends and family members of the accused tend to assume that a person arrested by the Fort Lauderdale police for DUI has a drinking problem. In short, they often operate on the assumption that a DUI arrest is an indication of a deep-seated, and possibly previously invisible, problem with alcohol. While frequent or multiple DUI arrests could be symptoms of alcoholism, Fort Lauderdale DUI lawyer William Moore knows that a DUI arrest alone does not prove that the driver is an alcoholic.

Florida law requires that a first-time DUI conviction result in a variety of penalties, including probation, driver’s license revocation, and community service. Offenders can also be sentenced to jail. Additionally, the court requires an offender to undergo an alcohol abuse evaluation and attend DUI School. The alcohol abuse evaluation requirement is premised on the idea that anyone arrested for DUI in the Broward/Palm Beach/Miami-Dade County area is likely an alcoholic. The DUI alcohol abuse evaluation often results in additional mandatory substance abuse treatment, which may or may not be warranted under the circumstances. First-time DUI arrests are frequently the only arrest or conviction a person will ever have. For example, a young person out with friends does not realize that he has exceeded the limit and is pulled over. Contact a Broward DUI lawyer for information on your specific case.

Organizations like Mothers Against Drunk Driving have worked to reduce DUIs, enhance DUI penalties, and to reduce alcohol consumption more broadly on a national scale since the early 1990s. The impact has been felt strongly in south Florida. The group managed to raise the legal drinking age from 18 to 21 in every single state, significantly above the drinking age in other industrialized nations. For instance, it is 18 or 19 in every Canadian province, and legal in some provinces to consume alcohol at home with parental supervision. In France, the legal drinking age is 16 for most alcohol, but 18 for strong spirits consumed on the premises of the bar or restaurant. Ireland does not allow anyone under the age of 18 to drink publicly, but there is no legal drinking age for private affairs or in homes. In Great Britain, 16-year-olds can consumer beer, wine, and cider with a meal and if an adult buys the alcohol; in all other situations, the legal age is 18. Interestingly, the group also advocates for stricter seat belt legislation and reducing non-driving underage drinking.

Candace Lightner, the founder of MADD, left the group several years after starting it. Lightner has indicated that she has problems with the current direction of the organization, saying, “[MADD] has become far more neo-prohibitionist than I had ever wanted or envisioned . . . I didn’t start MADD to deal with alcohol. I started MADD to deal with the issue of drunk driving.” She started the group in 1980, when DUI penalties were significantly lower and less frequently prosecuted, following the tragic death of her teenage daughter in a drunken hit-and-run accident. After Lightner left, the group continued to amp up its anti-alcohol – not just anti-DUI – lobbying. In addition to raising the drinking age to 21 and the blood alcohol limit to 0.08, the group advocates for treatment of alcoholism for all DUI offenders, mandatory jail sentencing, and required breathalyzer ignition locks for all DUI offenders. The organization has pressed for the United States Congress and the legislatures of all fifty states to treat even one DUI arrest as conclusive evidence of alcoholism. Requiring a DUI offender who blew a 0.08 to install a permanent breathalyzer ignition lock is not necessarily good policy. Additionally, MADD maintains that for every DUI arrest made, the person has typically driven drunk many other times. In many cases, that is simply not true.

Continue reading "Fort Lauderdale DUI Lawyer: Does a DUI Arrest Mean Alcoholism?" »

During the holiday season, the police in Broward County often set up DUI checkpoints, according to our Fort Lauderdale DUI lawyer. Checkpoints screen for intoxicated drivers in the south Florida area, because local police tend to report more DUI arrests associated with Christmas and New Year’s revelry. Ostensibly, a roadblock is established to protect the public from drunk drivers who take to the road after a few too many glasses of eggnog at the office holiday party.

In reality, DUI roadblocks work a little differently than you might expect. A typical DUI checkpoint will yield about four DUI arrests and even fewer DUI convictions, according to Broward DUI lawyer William Moore, an authority on the constitutionality of DUI checkpoints. In most cases, the DUI checkpoints in the Palm Beach/Broward/Miami-Dade metropolitan area and elsewhere produce numerous traffic tickets. The traffic ticket revenue provides an incentive for the police to continue operating DUI checkpoints, although the stated goal is to reduce DUIs. Fort Lauderdale police operating DUI checkpoints must adhere to a set of guidelines established by state law and the United States Supreme Court.

First, the police must have a written set of guidelines for their checkpoints. Police may stop your car, ask you questions, and administer breath or field sobriety tests. Broward law enforcement officials must notify the public in advance about the checkpoint, which is the reason why you may hear radio or television ads put out by law enforcement during the holidays or read about them in the newspaper. Sobriety checkpoints should be visible from a distance, marked with signs and police car lights, to put drivers on notice. If you were arrested at a DUI checkpoint, our Broward DUI lawyer can determine whether or not the evidence collected at the roadblock will be admissible in court. If the law enforcement officials did not follow all guidelines, a Broward DUI lawyer may be able to get your case dismissed.

One of the most important rules of DUI checkpoints is that the officers administering them cannot stop cars at random. Instead, there must be a pre-set formula that the police abide by when selecting cars to stop. For instance, Fort Lauderdale police brass can decide to stop every third car or every fifth car. The decision about which cars to stop must be made by supervisory officials, not by field officers.

Continue reading "Fort Lauderdale DUI Attorney: DUI Checkpoints in Florida" »

Fort Lauderdale DUI lawyer William Ryan Moore knows that DUI issues for women have changed substantially over time. Years ago, women accounted for a very small percentage of total DUI arrests. In fact, fewer than ten percent of all DUI arrests were women drivers thirty years ago, although women account for about half of all drivers. Now, women account for between fifteen and twenty percent of DUI arrests, a sobering increase. A Broward County DUI attorney might ask himself: why are the rates for women rising so drastically?

The reason why women comprise more and more Fort Lauderdale DUI arrests is complicated. Any Fort Lauderdale DUI lawyer can tell you that, anecdotally, he sees more female clients than in the past. Changing social attitudes may result in more women going out in the evenings and consuming alcohol. The changes in attitudes are also reflected in police behavior: police may have taken a more protectionist stance decades ago and perhaps given an intoxicated female driver a ride home rather than to the jail cell. Now, Broward County police treat DUI offenders similarly regardless of their sex.

Another reason why the rates of women arrested for DUI in Broward County are increasing is testing conditions. Our Broward County DUI lawyer knows that the breathalyzers used in the state of Florida are calibrated for a man’s lungs and body composition. Because women generally have lower lung capacity, they blow higher blood alcohol content readings as measured by these devices. The Intoxilyzer breathalyzers are calibrated for the amount of air the average man could blow into the machine, so it does not account for the fact that the alcohol level a woman blows is likely to be somewhat less diluted by air than a man’s is. That means that a man and a woman who technically have the same blood alcohol content may blow different readings – and the woman’s will often be higher.

A Fort Lauderdale DUI lawyer might also tell you that the changes in the law in the 1990s have led to more DUIs for female drivers. The Mothers Against Drunk Driving nationwide campaign led every state to establish the blood alcohol level at which impairment is presumed at 0.08 percent, down from 0.10 percent in most states. The change in the law, coupled with higher police prioritization of DUIs, appears to have led to more arrests of women. One theory is that men may drink more heavily and be more likely to be arrested when pulled over, whereas women tended to drink somewhat less heavily and would not have been arrested with a blood alcohol level of 0.08 or 0.09. Of course, any Broward County DUI attorney knows that a driver can be arrested for DUI if she appears impaired, regardless of her blood alcohol content.

Continue reading "Broward DUI Attorney: Florida Women May Experience Breath Test Bias" »

Tara Fradley, 18, of Boca Raton was arrested for DUI manslaughter in Palm Beach County on Monday at the conclusion of an investigation into a deadly June crash in Boynton Beach, Florida. On June 10, Fradley’s Ford Explorer collided with Ann Prushanky’s Honda Accord on the northbound I-95 off-ramp at Boynton Beach Boulevard. Pushanky, who was 70, died at the scene. Four other nearby cars sustained minor damage in the massive accident. At the time of the accident, Fradley was under the influence of several substances. During the five month probe, investigators determined that she had alcohol, the prescription anti-anxiety drug Xanax, and possibly the over-the-counter allergy medication Benadryl in her system. Her blood alcohol content was 0.07 at the time of the accident. Although she was only 17 at the time of the fatal wreck, the state attorney has charged Fradley as an adult. As of Wednesday, Fradley was being held in the Palm Beach County jail with bond set at $10,000.

The chief of the traffic homicide unit at the Palm Beach County Office of the State Attorney, Ellen Roberts, commented that DUI accidents involving Xanax have risen dramatically in the past few years. According to Roberts, DUI arrests in south Florida involving Xanax far exceed those for cocaine. Prescription drug DUIs are perhaps less well-known than drunk driving DUIs, but the crime is the same. Xanax is a popular anti-anxiety medication that is sometimes taken recreationally and has the potential for abuse and even dependence.

DUI manslaughter is a serious criminal offense in Florida. The driver must either actually be impaired or have a blood alcohol level of 0.08 or higher and cause a death due to impaired operation of a motor vehicle. In Florida, DUI manslaughter is a second degree felony, punishable by up to 15 years in jail and a $10,000 fine, in addition to administrative penalties such as permanent license revocation. The Florida Department of Highway Safety and Motor Vehicles can revoke the license of a person arrested and convicted of DUI manslaughter permanently, even if he does not have any prior DUI-related convictions. However, it is possible to get a hardship license five years following revocation or completion of the prison sentence.

Nationally, DUI-related deaths have been dropping. Thirty-two states saw decreases in the last year, including Florida. Nonetheless, the National Highway Safety Administration reported that about there were about 13,000 alcohol-relate driving deaths in 2007, down about 500 from the previous year. DUI-related deaths among those driving motorcycles increased, although the overall numbers went down.

Continue reading "Fort Lauderdale DUI Lawyers: Teen Arrested for DUI Manslaughter in Boynton Beach, Palm Beach County" »

In the Miami-Fort Lauderdale-West Palm Beach metropolitan area, police can arrest a driver who appears to be impaired, even if his blood alcohol level is zero. Broward County criminal defense attorneys see these cases regularly. Not surprisingly, you can be charged with DUI if you have taken illegal drugs that affect your ability to drive. However, you can also be charged if your driving was compromised by prescription drugs authorized by a doctor. Although a breathalyzer may not be able to detect the drug, police can still determine whether or not you are fit to drive based on your performance in a field sobriety test, as well as your behavior, speech, and driving.

In order for a driver to be convicted of a prescription drug-related DUI, the prosecution must prove that the driver was impaired while in actual physical control of the vehicle, even if she was not actually driving at the time of arrest. Because there is no absolute level at which any specific drug is deemed to be impairing -- as is the case with a blood alcohol level of 0.08 -- blood, breath, and urine tests are less useful. The body fluid tests may recognize the presence of a drug, but do not provide meaningful information about the safety of that level when driving. The effects of prescription drugs on the ability to drive can vary significantly from person to person. If you are arrested for a prescription drug DUI, a good criminal defense lawyer will be able to assist you with the scientific aspects of your case. There have been few scientific studies to guide prosecutors and police as to the dosage required of a drug lead to driving impairment.

You could be arrested for a prescription drug DUI even if you are under the care of a physician and are not abusing the medication. The sleep aid Ambien has received a considerable amount of attention due to its unusual effects, including the phenomenon of “sleep-driving.” Some patients who take Ambien will drive or engage in other activities. The next day, the patients usually have no recollection of driving. Unfortunately, driving while under the influence of Ambien can be extremely dangerous. To date, there are numerous reports of drivers under the influence of Ambien causing and then leaving the scene of accidents, driving on the wrong side of the road, and becoming belligerent with arresting officers. A Colorado nurse awoke to discover that she had apparently caused a minor car accident, in addition to driving around in a nightgown, fighting police, and urinating on the street. In 2007, the federal Food and Drug Administration began requiring enhanced warnings on the dangers of sleep-driving on Ambien, Lunesta, and other prescription sleep aids. Blood and urine tests administered by police do not usually screen for sleep aids. Anyone using prescription sleep aids should heed the warnings of the manufacturer, their pharmacist, and their doctor.

Continue reading "Fort Lauderdale DUI Attorney Talks About Prescription Drugs & Driving" »

FORT LAUDERDALE, FLORIDA – A former Broward County prosecutor who is currently a South Florida lawyer was arrested last week in Fort Lauderdale on drunk driving charges. The Broward Sheriff’s Office arrested the lawyer after he crashed his gray Honda along SE 6th Street and U.S. on Friday morning.

No other cars were involved in the accident, but he hit a sign and damaged lawn sprinklers and a flower bed outside an apartment building. The owner of the Fort Lauderdale apartment building said the damage is estimated around $4,000.

According to the police incident report, the attorney had bloodshot eyes and alcohol on his breath. He also reportedly attributed his inability to walk in a straight with his flat feet and refused to take a Breathalyzer test. The attorney was released on $1,500 bail.

Prominent lawyer Al Milian arrested on DUI charge, Miami Herald, September 19, 2008

DUI Charges Filed Against Prominent S. Fla. Lawyer, CBS4.com, September 19, 2008

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MIAMI, FLORIDA – Miami police have arrested a man who is suspected of killing a father of four in a hit-and-run accident. The accident occurred on Saturday night near the Miami home of Kamar Jackson, 29, whose car was crushed by a speeding SUV, killing Jackson on impact.

The following day, Jackson’s family made a plea for the killer to come forward. Police say that when’s the suspect, Carlos Rodriguez, told them his SUV had been carjacked. He claimed that the gash on his forehead was the result of a beating. Police told Rodriguez’s SUV fifteen blocks from the site of the hit-and-run. The vehicle had a crushed front-end, shredded tires, and a shattered windshield.

Police said the suspect’s story seemed implausible. During questioning, he admitted that he’d gone to a Miami strip club on Saturday night and driven drunk. He is now in custody of the Miami police.

Police Arrest Driver In Deadly Hit-And-Run, Local10.com, September 15, 2008

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The Florida Highway Patrol has uncovered a new development in the death of an 18-year Jacksonville Sheriff Officer. Vicki Mullins, 45, girlfriend of Michael Hartsfield, 50, is being charged with DUI manslaughter in connection with Hartsfield’s July 30 death.

According to reports, Mullins was driving a Ford Mustang convertible on Fort Caroline Road when she lost control of the vehicle. The Mustang landed in a ditch upside down. Rescue workers had to cut Hartsfield out of the vehicle. He later died at Shands-Jacksonville Medical Center.

Authorities say Mullins’ blood alcohol level was twice the legal limit. On Friday, she was arrested and charged with DUI manslaughter. She was being held on $750,003 bail at the Duval County Jail.

Girlfriend Charged In Crash That Killed Officer, News4Jax.com, September 14, 2008

Girlfriend Charged In Officer Boyfriend's Death, WOKV.com, September 14, 2008

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A Fort Lauderdale woman was arrested last month on drunken driving charges. Hathaikarn Russo, 34, was driving down Florida’s Interstate 395 when she was involved in an accident that occurred around 1am on a Thursday evening.

As a result, the westbound lanes of Interstate 395 were closed from Alton Road to Miami until about 8:30 the following morning. The DUI accident left one woman dead, and another victim was taken to Mount Sinai Medical Center.

Russo is charged with DUI causing serious bodily harm and driving under the influence-manslaughter.

Woman Charged With DUI After Fatal Crash: Crash Closes Westbound Traffic On MacArthur Causeway, Local10.com, August 14, 2008

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The Palm Beach Post reported yesterday on a Boyton Beach man who was arrested on multiple charges of DUI manslaughter and leaving the scene of a fatal crash. James D. Baker, 64, killed a 23-year-old women from Planation, Florida, and injured two other people back in June. Baker was driving his Jaguar the wrong way on Interstate 95 on the night of June 7 when he caused the wrecks.

Police records show that Baker kept driving after the crash and that he was previously arrested on drunk driving charges in April. Lt. Tim Frith told the Palm Beach Post that Baker was out of prison while the Florida Highway Patrol investigated the crash. Frith also said that Baker’s blood alcohol level the night of the June car accident was almost twice the legal limit of 0.08.

Baker will make his first appearance in court today. He is being held at the Palm Beach County Jail.

Boynton Beach man charged with DUI manslaughter booked in jail, Palm Beach Post, September 8, 2008

Continue reading "Florida Man Arrested on Multiple DUI Charges" »

According to the Florida Highway Patrol, two people are charged with DUI-manslaughter following the death of a Riverview man last October. James Braley, 26, of Tampa, and Jessica Paquette, 23, of Riverview, were both arrested a few weeks ago for their involvement in the October car crash that killed Amir Sarhaddi.

Florida state law presumes that a driver with a blood-alcohol level above 0.08 is impaired. Paquette’s blood-alcohol level was .219, while Braley’s was .176. Braley is also charged with DUI with serious bodily injury.

The two were driving separate cars on the night of October 28. Braley’s Infiniti hit the Jeep in front of him and flipped the Jeep over the grass shoulder and into a tree. His vehicle block the right and right-center lanes. Sarhaddi, a 29-year-old father of two saw the accident and stopped to help.

Paquette crashed her Saturn into Braley’s Infiniti, struck Sarhaddi, and hit the truck another passerby who’d stopped to help. Braley and the other passerby sustained minor injuries, but Sarhaddi was killed.

Paquette’s record shows prior charges for DUI and child neglect, as well as a prior DUI conviction.

2 Charged In Death Of Man Who Stopped To Help At Crash, TBO.com, August 12, 2008

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According to the Florida Highway Patrol, Gabriel C. Pineiro, of Niceville, is being charged with DUI manslaughter and careless driving following a January 11 car crash that ejected and killed a passenger. The 24-year-old suffered critical injuries from the accident and was arrested last Saturday.

Pineiro was driving north on State Road 285 when he drifted onto the grass shoulder. He overcorrected and lost control of his vehicle, which spun, overturned, and hit a couple of trees before landing upright. Pineiro’s passenger, Wesley B. Faile, also of Niceville, was not wearing a seatbelt and was pronounced dead at the scene of the accident.

The Florida High Patrol determined that alcohol was a factor in the fatal car accident, so Pineiro is charged with DUI manslaughter and careless driving.

DUI manslaughter charged in January crash, NWFDailyNews.com, August 9, 2008

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Reports from around the State of Florida appear to indicate that the overall number of DUI arrests were down from previous years. The combination of increased police presence, DUI checkpoints and alternative safe transportation options for drivers who had a few too many drinks may have contributed to the overall reduction in arrests. Florida Highway Patrol began advertising its ‘zero tolerance’ program weeks before the holiday season began and advised Florida citizens that every available trooper would be on the roads looking for aggressive and hostile drivers. Other organizations played their part in helping. Tow truck operators offered drivers free tow rides home on New Years Eve for those that drank and considered driving. Beer maker Anheuser-Busch donated $50,000.00 to tow truck operators in order to allow them to participate in this program. This was the 10th year of Anheuser-Busch’s “Tow to Go” program. Over 100 South Florida tow truck operators participated in the program. Perhaps the biggest deterrent for the holiday season was the unfortunate incident involving former New York Yankee player Jim Leyritz who was charged and arrested with DUI manslaughter and DUI property damage in connection with the death of Fredia Ann Veitch, a 30 year old Plantation woman and mother of two, on the early morning of December 28th, 2007. Leyritz, who was on his way home from a birthday party thrown in his honor, reportedly crashed into Veitch, who was not wearing her seatbelt, after running a red light. Police reports indicate that Leyritz smelled of alcohol, failed field sobriety tests and refused to take the breathalyzer. Two blood samples were taken once police received confirmation of Veitch’s death. Details of his blood alcohol content have not yet been released; however, it would seem for now that a combination of all of these factors contributed to an overall safer holiday season.

I have written many articles over the years explaining how officers will exaggerate innocent behaviors in order to assist prosecutors in obtaining a conviction. The manner in which a DUI suspect exited his or her vehicle is often criticized and described in such a way as to bolster the State’s case. The most common method of doing this is by stating that the DUI suspect had to hold on to the door while exiting the vehicle. This obviously implies that the support of the car door was necessary to keep the suspect from falling to the ground. Hearing such statements frequently in DUI trials and motion practice, I am constantly on the lookout in my daily life for people exiting their cars. Whether it is in the parking lot of the local courthouse or the grocery store, I see lucid people grab on to their car doors as they exit their automobiles. Not for a second do I think that all of these people are impaired. All the same, a prosecutor will use this piece of evidence to every extreme in order to show impairment of a DUI defendant. Such evidence could even be considered quite damaging to the defense’s case if not contradicted by defense counsel. When properly handled, however, such evidence is not only undermined, but can actually be turned against the prosecutor to show overreaching on the part of law enforcement and the state attorney’s office alike.

The conditions of the pavement, the defendant’s physical condition, the design of the defendant’s automobile, or merely just habit, are all very reasonable explanations as to why one would hold a portion of their car while exiting. It is always necessary to point out that in 99.9% of the cases, the stopping officer had never met an individual prior to stopping his or her vehicle. The police officer had never seen the manner in which an individual exits the car every time it is parked. The defense attorney should always remember when questioning the officer to get into these details prior to asking the officer why he ordered someone out of the car in the first place. Obviously, what we are doing here is setting up the Motion to Suppress.

For non-attorneys reading this article, it is important to remember that we have constitutional rights and that officers cannot simply order you out of your car. They know this and will come up with all kinds of clever ways to explain their actions to defense attorneys. They know that violating an individual’s constitutional rights will result in a suppression of evidence and a dismissal of their case.

A line of questioning as to whether the officer had ever seen the way that an individual exits his vehicle prior to the stop and working backward can occasionally throw an officer off. Being caught off track may cause him to admit unintentionally that a suspect was ordered out of his vehicle without concern for officer safety or reasonable suspicion that a crime had been committed.