Florida DUI Lawyer Blog

Broward DUI attorney William Moore keeps a close eye out for judicial and law enforcement trends and news related to driving under the influence (DUI). Recently, a five-year-old took the wheel after her father reportedly passed out while driving. According to the Florida Times-Union, the young girl, who is a resident of Jackonsville, was riding as a passenger in the a 2010 Chevy Camaro. Her father reportedly lost consciousness, which law enforcement officials believe was tied to his consumption of prescription medication, reports Fort Lauderdale DUI lawyer Moore.

When her father became unable to operate the motor vehicle, the girl grabbed the wheel, steering it off the road. Another motorist was forced to swerve to avoid hitting the car, which eventually came to a stop. The passing driver stopped and rushed to the other vehicle, where she found the girl and her father locked in the car. After motioning for her to unlock the door, the five-year-old girl did so. The girl had suffered minor injuries and was bleeding from her lip. When law enforcement officers arrived at the scene, the driver was reportedly unresponsive and staring at the vehicle’s ceiling. He was arrested and the law enforcement agency believes he had been taking the prescription anti-anxiety medication Xanax as well as prescription painkillers.

Fort Lauderdale DUI attorney Moore states that also of note is a recent decision by the district attorney, as prosecutors are known in California, in Santa Clara to review breathalyzer results due to the possibility of inaccuracy. This is a precedent that could have a far-reaching impact throughout the country, as more and more people question the legitimacy of a machine used to convict defendants of DUI -- in Florida, where the company will not release the source code that demonstrates how the machine operates and reaches its conclusions, there are tremendous unanswered questions. Keeping abreast of new information in the world of DUI law is important.

According to Broward DUI lawyer William Moore, technology, especially with regard to smartphone devices, is rapidly changing every part of our daily lives -- including DUI enforcement. There are reportedly multiple applications available through the Apple store for download onto the iPhone that assist a user in avoiding police speed traps as well as DUI roadblocks (sobriety checkpoints). These applications generally involve data added by users, says Fort Lauderdale DUI attorney Moore. For instance, if a user is aware that the Broward Sheriff’s Office plans on erecting DUI roadblocks around the county this weekend, he can add the locations into the system, which show on a map.

Because the locations of DUI checkpoints must be publicized in advance anyway in accordance with the law, this is public information that is accessible to private citizens. Similarly, a motorist who regularly drives through a small town and is aware that the local law enforcement agency issues frequent tickets for speeding violations might map the location as a “speed trap.”

Today, several U.S. Senators sent a letter to Apple, Inc. to request that they remove Trapster and other iPhone apps from the Apple Store, as the applications allowed the users to identify the locations of DUI checkpoints. The Senators’ concern seems misplaced, however, as the roadblocks must be publicized well in advance. The publicity is required so as to minimize the inherently intrusive nature of the checkpoint and remain in compliance with the Fourth Amendment’s prohibition of unreasonable searches and seizures.

We have written extensively on this blog previously regarding the numerous problems associated with sobriety checkpoints. Though ostensibly erected in order to spot and prevent DUI, the DUI roadblocks are frequently tremendously effective revenue generators for police departments. Law enforcement officers tend to issue numerous tickets and citations for a variety of offenses: driving while license suspended, no valid driver’s license, expired driver’s license, bad window tints (too dark), expired registration, tag not assigned to the vehicle, insurance violations, etc. The list goes on and on, but the DUI roadblocks tend to net very few drivers who are actually under the influence.

Continue reading "Fort Lauderdale DUI Attorney: DUI Smartphone Apps" »

According to Broward DUI attorney William Moore, the National Traffic Safety Board is a federal administrative body that handles matters pertaining to motor vehicle traffic, as well as marine, rail, air, and other types of transit. The Board often issues advisories regarding issues relating to these types of transit, with an emphasis on its primary objective -- safety. In November 2010, it issued a statement on dealing with “hard core drinking drivers,” referring to a specific set of DUI crimes that the Board has deemed unusually dangerous for public safety. Not all of its recommendations, however, hold water or are even realistic in modern courtrooms.

The statement’s objective is to remove “habitual drinking drivers” from the highways of the United States. Among the “grim facts” listed: “Repeat offenders represent about one-third of all drivers arrested or convicted of driving while intoxicated or under the influence of alcohol.” This statement is problematic because convictions are far more relevant than arrests. A driver is presumed innocent of driving under the influence unless and until he is convicted of the offense in a court of law. The NTSB may be including arrests in order to bump the numbers to a higher percentage than those actually convicted of DUI would show, says Fort Lauderdale DUI lawyer Moore.

The NTSB also suggests that states operate widepread, frequent sobriety checkpoints (also known as DUI roadblocks). As we have previously written about, DUI checkpoints are extremely ineffective at apprehending drunk drivers but tend to be profitable in terms of the number of citations issued. Generally speaking, law enforcement agencies conducing these checkpoints are more likely to find a person whose car registration is out of date or whose driver’s license expired last week than they are to find a drunk driver. As a public safety tool, roadblocks are ineffective and subject to numerous constitutional constraints.

The NTSB further suggested that pleas should be prohibited. This does not make sense at all. Defendants are arraigned and must plead either guilty or not guilty to the court; there is no reasonable way to prohibit defendants from agreeing to plead guilty or no contest in exchange for a set penalty. Prosecutors do not have the resources to take every single case to trial and, frankly, there is no public interest served by requiring this. A conviction is a conviction regardless of how it was obtained.

Driving under the influence and criminal defense issues associated with it often involve a lot of numbers, notes Fort Lauderdale DUI lawyer William Moore. 0.08 is the blood alcohol content at which a person is presumed to be impaired. Controlled substances, either prescription or completely illegal, are not quantified in urinalysis, making those tests less effective for prosecutors trying to prove a DUI case. On the other hand, those substances can be and generally are quantified in blood samples, according to Fort Lauderdale DUI attorney Moore. Therefore, the state’s toxicologist may testify as an expert witness regarding matters such as whether the substances are present at a therapeutic level.

Another numbers issue often addressed by anti-drunk driving organizations is the role alcohol plays in accidents and traffic problems more generally. Studies consistently show that in accidents where a driver is injured, the hurt person more often than not caused the accident. The studies also show that the rates for responsibility of the accidents fatal to the drivers are even higher for those drivers who are under the influence at the time of the accident, by a difference of 68% for non-impaired drivers to 94% for impaired drivers. The figures include accidents that did not involve any other cars.

About one of every seven drivers on the road suffers from diabetes, which is staggering when taken in consideration with the fact that a diabetic suffering from a serious hypoglycemic (low blood sugar) episode often exhibits the same signs law enforcement officers look for in DUI -- slurring speech, unsteadiness, confusion or disorientation, to name a few. The breath test machine, or breathalyzer, will not exonerate these individuals. During a hypoglycemic episode, the driver will produce significant acetone, which the breathalyzer registers as though it were alcohol.

Field sobriety tests produce some interesting numbers, as well, says Broward DUI lawyer Moore. A Clemson University study tested officers’ ability to distinguish test-takers who had been drinking from those who had not. None of those taking the field sobriety tests had consumed any alcohol. The officers were not told this fact, and after seeing their performance on the roadside tests, found that 46% of the individuals were too impaired to operate a motor vehicle. If law enforcement officers can only spot a sober person half of the time, these tests are not very useful.

Although the ratio has and continues to shift dramatically, women are still arrested for DUI at much lower rates than men are. Fewer than 20% of DUI defendants are women, and more than 90% of those who have a second or subsequent DUI arrest are men. Women are also more difficult to test with a breathalyzer machine, as they may not have the lung capacity that a man would have, and there are certain inherent BAC testing biases that skew against women.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "Broward County DUI Lawyer: Breathalyzer Tests Questioned After Calibration Error, Says Broward DUI Attorney" »

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

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

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

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

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

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

Many DUI arrests and DUI Manslaughter cases occur in the early morning hours, as people leaving local bars or parties get behind the wheel to head home, says Broward DUI attorney William Moore. In February, two British men were in Fort Lauderdale, visiting the city on business. Kenneth Watkinson, 48, and Craig Elford, 39, were family men who were in town just for a short trip. While they were out late on February 13, walking along state road A1A by the Fort Lauderdale beach, the two men were struck by a Porsche 911 Turbo that jumped onto the sidewalk. Witnesses had previously reported seeing the vehicle engaged in dangerous driving and possibly racing with another vehicle in the area. The Porsche fled the scene in the highly publicized hit-and-run accident.

No charges have been filed at this point and it is not clear if alcohol played a role in the deaths of the two men. The owner of the Porsche claims his friend must have been the driver. Ryan Levin, 34, is the owner. He was arrested in February, shortly after the crash, in Illinois for violating the terms of his probation. Levin was on probation after leading police in Chicago on a high-speed car chase through the city in 2006. Earlier this week, a judge sentenced him to two years in an Illinois state prison for violating probation.

Fort Lauderdale DUI lawyer Moore has learned that the families of Elford and Watkinson, from Great Britain, are suing Levin and his friend, Derek Cook, 37, for the wrongful death of the men due to reckless driving. The civil suit claims that both men were intoxicated and that one of the two were involved in a drag race on the streets of Fort Lauderdale just prior to the accident that killed Elford and Watkinson. Fort Lauderdale police have continued to investigate those two issues and have not yet made a final determination. Law enforcement officials have a search warrant to collect a DNA sample from Cook to compare to the interior of the Porsche 911, as it is still unclear which of the men – if either of them – were actually driving the vehicle at the time of the wreck. Prosecutors need more information about who was actually the driver of the Porsche at the time the accident occurred before any criminal charges, such as reckless driving, DUI, or DUI Manslaughter, can be filed.

Continue reading "Man Tied to Fort Lauderdale Accident Sentenced in Illinois" »

The Florida Legislature has announced its budget plan for the coming fiscal year. Due to declining revenue, the state was forced to make significant budget cuts, including a two percent decrease of the salaries of state employees who make more than $45,000 per year. Still, representatives and state senators said cuts and fee increases were necessary across the board. Some of these fees affect people who have driving-related criminal convictions and especially DUI convictions. Overall, fees in the state will rise significantly, with those affecting drivers expected to total about $800 million. Broward DUI lawyer William Moore knows that many Floridians are concerned with the overall impact of the fees on their pocketbooks and the state’s economy more generally.

The DUI administrative fee will rise by $15 to $130. The Florida Department of Highway Safety and Motor Vehicles will charge a significantly higher fee to reinstate a driver’s license – jumping from $12.50 to $60. A driver’s license might need to be reinstated due to unpaid parking tickets, a breath test refusal, a DUI arrest or conviction, or for other reasons, says Fort Lauderdale DUI lawyer William Moore. A replacement driver’s license jumped markedly in price, from just $10 to $25. For people convicted of DUI or people serving probation with certain conditions, an additional $12 fee will now apply for the installation of ignition interlock devices, which require breath samples with very low or no levels of alcohol to start or continue operating a motor vehicle. Prisoners in Florida currently have a non-emergency health care co-pay of $4; under the new budget, it will rise to $5. Commercial driver’s licenses will increase by $8, costing $75. Some of the largest tax increases affected tobacco. The cigarette sales tax, which was 34 cents per pack, rose by an entire dollar per pack.

Fort Lauderdale DUI defense attorney Moore knows that prisoners and people with criminal convictions, including for driving under the influence of alcohol or drugs, are among the hardest hit during a budget crisis. It is not surprising that ignition interlock device fees, administrative DUI fees, and driver’s license reinstatement costs are all rising. The public thinks that those who are perceived to be wrongdoers should bear the brunt whenever possible – it is the same reason, at least in part, why the tobacco tax is rising. Additionally, the state government believes it has an interest in the prevention of smoking.

Continue reading "Broward DUI Lawyer – State Fee Hike as Legislature Announces Budget" »

Broward DUI lawyer William Moore has found that, over the years, judges are more inclined to provide for the use of interlock ignition devices for DUI offenders and that the general public has become increasingly familiar about these devices, as the legislature has examined the issue and more offenders have been required to attach them to their vehicles as a condition of driving. Fort Lauderdale DUI attorney Moore knows that many drivers who have had past alcohol problems and DUI convictions are sometimes not bothered by the addition of these devices, aside from their usually high cost, for the reinstatement of their driving privileges. After all, driving is often essential for getting to work and the revocation of driving privileges is especially hard on people supporting families or commuting long distances, where public transportation or rides from friends and family are impractical.

Ignition interlock devices are breath test machines that are rigged up to the ignition of a vehicle. The devices function similarly to a traditional breathalyzer, in that they purport to provide accurate measurements of a person’s blood alcohol concentration. If the device registers a specific reading – perhaps 0.02 percent or higher – then the motor will not turn on. Additionally, the device may require that the driver continue blowing into it periodically while driving, as alcohol may continue to be absorbed into the bloodstream over time. The device may also automatically report back to a central location. For example, a person with a DUI conviction may have a device that sends a signal to his probation officer if he attempts to drive with a BAC over a specified level.

According to Fort Lauderdale DUI defense lawyer Moore, ignition interlock devices are most frequently used to allow people who have been convicted of DUI to receive their driver’s license again. It is a condition that permits them to drive. The devices can be extremely costly and the companies manufacturing these devices have lobbied state legislatures to increase their usage. In fact, MADD hopes to eventually have mandatory ignition interlock devices on every vehicle on the roads in the United States. Although this would be extremely invasive and expensive, the organization believes it would completely eliminate the problem of drunk driving.

Continue reading "Fort Lauderdale DUI Attorney – MADD Pushes for Interlock Ignition Devices" »

Broward DUI attorney William Moore has observed the toughening of the criminal laws against driving under the influence of alcohol in his years as a criminal defense attorney. He has found that the driving force behind many new proposals in state legislatures around the country has been Mothers Against Drunk Driving, an organization founded in the 1980s to combat DUI and to protect innocent victims from the harms DUI can cause – especially DUI Manslaughter. A woman whose daughter was killed in an accident caused by a drunk driver started the organization, which grew explosively through the 1980s and 1990s, in terms of numbers and influence.

Fort Lauderdale DUI lawyer Moore notes that the organization’s influence has been strong in Florida, as in other states. MADD was behind the movement to lower the “legal limit” at which the state presumes a driver is intoxicated to 0.08 percent, where it now stands in every state. It has also pushed for harsher sentencing policy, more sobriety checkpoints, and other legislation, such as ignition interlock devices that require a person who has had a DUI conviction to periodically blow air into a machine that monitors his or her blood alcohol concentration in order to keep the motor in the vehicle on. In fact, some organizers are now lobbying in at least one state for mandatory ignition interlock systems in all vehicles, an incredibly radical measure.

The president announced recently that the new head of the National Highway Traffic Safety Administration (NHTSA) will be Charles Hurley, who has been the Chief Executive Officer of Mothers Against Drunk Driving since March of 2005. Since he has been in charge of the organization, MADD has campaigned to cut the legal limit again – this time in half, to 0.04 percent blood alcohol concentration. This is despite the fact that a person can be convicted of DUI with a blood alcohol concentration lower than 0.08 percent, so long as there is sufficient evidence to demonstrate beyond a reasonable doubt that the driver was, in fact, impaired. Evidence might include testimony regarding the driver’s performance in roadside field sobriety tests, for example, or regarding a law enforcement officer’s actual observations of the person’s inadequate driving.

Critics suspect that Hurley is too biased and his agenda too strong for the position, especially since federal highway funds are at stake. Others, however, applaud the aggressive his anti-drunk driving stances and credit MADD-driven policies with saving lives. Either way, it is not yet clear how his past experiences at MADD will drive his decision-making at the NHTSA.

Continue reading "Broward DUI Lawyer: MADD Leader in Obama Administration" »

According to Broward DUI lawyer William Moore, a Georgia woman at a court appearance for her DUI charge got herself into more hot water at the courtroom door. She was charged with DUI stemming from an incident last September in the town of Milton, when local law enforcement officers found the woman’s car parked in the middle of a street. She was outside of the car and was so intoxicated that she could not figure out how to get back in. At that time, the woman’s blood alcohol concentration was measured at a whopping 0.34 percent, more than four times the legal driving limit.

Last week, the woman, who is 28 years old, was cited for contempt of court and taken into custody to serve two days in jail. Her offense was showing up to court after drinking. During a routine weapons check, the court bailiff detected the odor of alcohol on her breath. She will have to appear again on the DUI charge in about two months. Fort Lauderdale DUI attorney Moore is not surprised that showing up to court smelling of alcohol did not impress Municipal Court Judge Barry Zimmerman.

Last year, a well-known Major League Baseball player was arrested for driving under the influence of alcohol in his home state of Nebraska. Joba Chamberlain, who is a pitcher for the New York Yankees, was notably friendly with the state trooper who pulled him over. However, even in his apparently intoxicated state, Chamberlain could not resist poking some fun at New Yorkers.

Chamberlain, who is 23, joked with the law enforcement officer about New Yorkers’ bad manners. He told the officer that "opening a door and saying please and thank you" were not behaviors New Yorkers regularly engage in. He also told the officer that if a driver cuts off someone else in New York, “they might hit you,” whereas Nebraskans would be much more polite in a similar situation. Chamberlain is originally from Lincoln, Nebraska. Still, his joking demeanor did not get him any slack, and he was arrested for DUI. He pleaded guilty to the charge last week, which will result in the loss of his driving privileges for 60 days and serving nine months of probation.

A video of Chamberlain’s traffic stop is available below:

Broward DUI lawyer William Moore encourages professional athletes and others to be careful after consuming alcohol. Unfortunately, a number of famous athletes have been in the news lately for their DUI arrests. Donté Stallworth was even involved in an accident that resulted in a pedestrian’s death in Miami Beach.

Continue reading "DUI News Nationwide -- Broward DUI Lawyer " »

A popular video game series that gives players the option of driving a car while intoxicated has drawn complaints and protests from Mothers Against Drunk Driving. The Grand Theft Auto series has recently come out with a new installment in the series called “Chinatown Wars.” Broward DUI lawyer William Moore has not personally tested the game.

In this latest edition of the game, players are given the option of going to a bar and consuming drinks while playing as main character Huang Lee. Once the player leaves the bar, he stumbles around, appearing drunk. While in this impaired state a player can direct his character to enter the vehicle and try to drive it while drunk.

DUI in a video game is not wholly without consequences, however, Fort Lauderdale DUI lawyer William Moore notes. When a player operates a car while intoxicated, the vehicle becomes more difficult to control and he is more likely to get into an accident or be apprehended by the police. When leaving the bar, players are also given the option of taking a virtual taxi home until the effects of the alcohol they have consumed has worn off, rather than drive themselves.

An earlier version of the game released last year, with similar DUI-like features, drew protests from MADD. The organization complained that the game glamorizes drunk driving. In a public statement released last year, MADD said, "Each year nearly 13,500 people die in drunk driving crashes and another half a million are injured in alcohol-related traffic crashes…Drunk driving is not a game and it is not a joke. Drunk driving is a choice, a violent crime and it is also 100 percent preventable." The organization also called for the game to be reviewed and re-rated from “Mature” to “Adults Only,” thus making it more difficult for minors to buy the game. The manufacturers of Grand Theft Auto have defended the game by noting that driving drunk makes game play more difficult and insisting that MADD’s characterization of the game’s “glamorizing” effects is inaccurate. They have also stated that the drunk driving sequences “reflect the logical progression of events that could happen to the game's characters in the game.”

Mothers Against Drunk Driving is notable for its long-time role advocating for tougher anti-DUI laws and harsher sentencing for those convicted of DUI.

Continue reading "Fort Lauderdale DUI Lawyer -- Drunk Driving in Video Games" »

North American countries tend to designate people as too impaired to operate a motor vehicle at a higher blood alcohol concentration when compared to other parts of the world. Although it is always illegal to drive while impaired in Florida, regardless of your BAC, the impairment is presumed when your BAC reaches 0.08 percent. At that point, a prosecutor will only have to prove that was your reading on a properly functioning, correctly administered breath alcohol measuring device (the Intoxilyzer, known as a breathalyzer) or based on a sample of your blood.

West Palm Beach DUI lawyer William Moore notes that a BAC of 0.08 percent or higher is the level at which impairment is presumed under Florida DUI laws and all U.S. states. Canadian law maintains a fairly similar DUI system, with a 0.08 percent as the “legal limit” and a mandatory period of at least 30 days in jail for the second conviction. Likewise, 0.08 percent is the legal limit in Mexico and most of Central America, including Panama, Nicaragua, Guatemala, and Belize. At 0.05 percent and 0.075 percent respectively, El Salvador and Costa Rica have stricter DUI laws.

Like many aspects of government and legislation, laws against driving under the influence of alcohol and/or drugs are heavily regional, reflecting the way of life and values of people in different areas in the world. South American countries have a number of lower, although more variable, limits for BAC while driving. They range from 0.01 percent in Guyana and up to 0.02 percent in Brazil to 0.08 percent in Uruguay, Suriname, and Paraguay.

European nations have traditionally taken a harder line on drunk driving, according to Palm Beach DUI attorney Moore, who thinks that most Europeans would be surprised by the relative lenience of a 0.08 BAC for driving. A number of Central and Eastern European countries have enacted zero-tolerance DUI laws, where there is no acceptable limit of alcohol in one’s bloodstream when driving, although some apply only to new drivers (i.e., people who have had a driver’s license for less than two years). The United Kingdom and Ireland are outliers at 0.08 percent, while Spain, France, Italy, Luxembourg, and the Netherlands have limits of 0.05 percent, the most common level in Western Europe.

Below, a short lesson on French wine – but be careful not to drive after indulging in too much:

Continue reading "Driving Under the Influence – An International Perspective from Fort Lauderdale DUI Lawyer Moore" »

Alcoholism is frequently described as both a disease and an addiction. Alcoholics continue drinking, despite the often intensely negative consequences: convictions for driving under the influence, loss of employment, and estrangement from family members. For some, even becoming homeless is not enough to make them quit drinking, although the degree of consequences – and what constitutes “rock bottom” – varies significantly from one alcoholic to another.

The fact that a person is charged with driving under the influence of alcohol does not mean that he or she is an alcoholic, according to Broward DUI lawyer William Moore.. If the charges are correct and the person is subsequently convicted, the court will frequently order the defendant to complete DUI school and alcohol abuse treatment. Unfortunately, Broward DUI attorney Moore has found that many families of DUI defendants become alarmed and assume that a DUI arrest necessarily means that the defendant was an alcoholic – even if he had previously gone undetected. In reality, driving under the influence of alcohol can be a symptom of alcoholism, but a single DUI does not mean that the driver has an ongoing problem with alcohol. It can also mean that the person made an error. It is fairly common for first-time DUI defendants never to have another criminal problem again.

Symptoms of alcoholism vary. Some people becoming “functioning alcoholics,” where they continue with their employment and present a healthy face to the outside world. For others, their lives obviously deteriorate, and they may have many arrests – DUIs, public intoxication, and other matters stemming from the abuse. Long-term alcoholism can result In deteriorating mental condition, including alcohol-related dementia. In fact, alcoholism is the second-highest cause of dementia. Alcohol is also tied to major depression and certain forms of psychosis. From a social standpoint, divorce is a common effect, as alcoholics frequently have difficulty maintaining their marriages. Loss of employment is another serious problem alcoholics fact. In the same vein, homelessness is frequently associated with substance abuse (in addition to factors such as mental illness). One of the worst problems with alcohol abuse for women is the possibility of fetal alcohol syndrome as a result of alcohol consumption during pregnancy, which can cause significant physical and mental defects. Despite these problems, Fort Lauderdale DUI lawyer William Moore believes that many DUIs are not the result of long-term alcohol abuse.

An informational video on fetal alcohol syndrome and other alcohol-related birth defects:

Continue reading "The Role of Alcoholism in DUIs" »

Every state gets to choose the components of its own criminal code, although some alcohol-related laws have federal roots. For instance, every state raised its legal drinking age to 21 and lowered the blood alcohol content at which a driver is presumed impaired to 0.08 percent at federal urging through strings attached to highway funding, according to Fort Lauderdale DUI lawyer William Moore. Utah, however, has some particularly stringent laws, which have gone hand in hand which the voter’s comparatively strict views of alcohol consumption. The state has elected to change some of its laws recently, however, in light of new times and the troubled economy.

One of the more famous relics of drinking in Utah is the so-called Zion Curtain, a piece of green fabric that serves as a partition between the bar, where drinks are poured and mixed, and the eating area in restaurants. That requirement, along with many others, will be lifted in May of this year. The requirement that establishments that sell liquor must operate as private clubs – with membership fees – will also be dropped. Tourism advocates in the state believe the harsh liquor laws are stunting potential funds. Broward DUI lawyer Moore agrees that the legislation could stave off carefree vacationers. Each individual bar requires a membership, so even locals are unlikely to go bar-hopping on the weekends, and a membership is required to go into the bar – not just to drink. A one-year membership at a Utah bar costs a minimum of $12. Nonetheless, there are ways to bring in guests with a temporary membership, so locals and tourists alike frequently share temporary three-week memberships.

Utah currently brings in about $6 billion annually from tourism, leading the proponents of lifting the liquor restrictions to believe that the changes could raise the profits or at least maintain them during tough economic times. Alcohol policy in Utah has typically been more conservative than in other U.S. states, including neighboring Western party destination Nevada. Nonetheless, tourists are attracted to Salt Lake City and the scenic national parks in the state. Perhaps the largest attraction is the Sundance Film Festival, hosted annually in Park City, Utah.

Florida’s tourism industry is about 10 times larger than Utah’s, at close to $60 billion. The state’s reputation as a beach vacation spot and a great party destination for spring break have fueled the tourism and hospitality industries. Beachside bars and restaurants, in particular, reap the benefits of the travelers in the spring months, as well as the part-time residents during the winter. Florida alcohol policy is currently in line with national trends, with comparable DUI laws and liquor sales requirements.

Continue reading "Old-Fashioned DUI & Liquor Legislation Repealed in Utah" »

Last week, Palm Beach DUI lawyer William Moore discussed the Palm Beach County Sheriff’s Office weekend crackdown on drunk driving. Mothers Against Drunk Drivers members road along with Sheriff’s deputies to show their support for the heightened weekend patrols. Last Friday and Saturday nights, the Sheriff deployed additional deputies to patrol the Palm Beach County area for drivers who appeared to be under the influence of alcohol or other substances, and whose driving was impaired as a result. West Palm Beach DUI defense attorney Moore says that the extra patrol cars on the streets were notable in part because of the Sheriff’s new plan to draw blood samples from certain drivers.

In most cases, a law enforcement officer who suspects that a driver is under the influence of a substance will administer roadside field sobriety tests to determine if the driver’s faculties are impaired, administer a breath alcohol test, or in many cases, both. Because some DUI suspects refuse to submit to breath tests, the Palm Beach County Sheriff’s Office decided to implement a new program to combat that problem. If a DUI suspect refused to give a breath sample, the office said it would have deputies call in to an on-call judge to get a search warrant for a mandatory blood test. If the judge approved the search warrant, the suspect’s blood was to be drawn by medical personnel at a mobile blood drawing facility in near West Palm Beach.

There were some problems with this plan, both legal and practical, according to Palm Beach DUI lawyer Moore. One of the biggest issues was suspect compliance. It seems that deputies did not adequately plan for the scenario in which Palm Beach DUI suspects also refused to comply with a blood test, even if court ordered. One 45-year-old suspect vehemently opposed the blood draw, loudly announcing, “You are going to have to beat me. Take me to jail. You are not taking my blood."

Surprisingly, deputies did just that. Although they secured, in cooperation with the Palm Beach County State Attorney’s Office, search warrants to draw blood from the four suspects who refused to submit to breath alcohol tests on Friday night, the medical personnel on duty drew blood from none of them. Despite the publicity and the hype of the new, supposedly more effective plan to catch drunk drivers, the Sheriff’s Office did not live up to its claims. All told, the office made 26 DUI arrests on Friday night and planned to continue seeking search warrants for blood samples on Saturday night.

Continue reading "West Palm Beach DUI Lawyer – Follow Up on Palm Beach County Blood Tests" »

Palm Beach DUI attorney William Moore has learned that the Palm Beach County Sheriff’s Office intends to follow in the footsteps of some other law enforcement agencies around the country in that it will begin taking blood samples from people who are suspected of driving under the influence of alcohol or drugs. During February 27 and 28, the deputies will patrol the county and, when and if they encounter DUI suspects, they will not take the traditional approach to the arrest if the suspect is difficult. Typically, law enforcement officers pull over vehicle in which DUI is suspected, talk to the driver, and if warranted, administer a breath alcohol test and/or field sobriety tests. West Palm Beach DUI lawyer Moore and others have consistently challenged the reliability of the breathalyzer tests, which have serious problems and do not always adequately represent a DUI suspect’s blood alcohol content. Additionally, some DUI suspects may (with legal or administrative penalties) refuse to submit to a breathalyzer test. To combat these problems, especially the breathalyzer refusal, the Palm Beach deputies will attempt to collect blood from DUI suspects on those two days.

In order to collect the samples, the deputies will contact a judge who is “on-call” in order to obtain a search warrant if the suspect refuses to give a breath sample. A valid search warrant will allow the deputies to draw blood. Although blood tests are far more invasive, many people regard them as a more reliable measure of a DUI suspect’s actual blood alcohol content. The closer to the time the person was driving, the more reliable the result, as alcohol can continue being absorbed into the body for quite a while after the driver quit drinking. West Palm Beach DUI defense lawyer William Moore believes this is an example of the community’s heightened sense of urgency in keeping the local roads safe after traffic deaths have risen markedly in the area over the past few years.

Palm Beach DUI lawyer Moore is opposed to these measures. Under Florida law, authorities may require a blood sample if the driver was involved in an accident that caused death or serious bodily injury. Generally, however, drivers who encounter the police for other reasons are administered breath tests where appropriate, which they can refuse. If the driver is arrested for DUI despite the breath test refusal, the prosecution can introduce evidence of his refusal in court, as well as information about his demeanor and field sobriety tests. For example, a prosecutor may show that the driver refused the breath test but that he was weaving on the roads, had slurred speech, and could not walk in a straight line. Because a DUI suspect who refuses a breath test will have to be transported to another location for the blood test, the results become significantly less reliable. Unlike in some other states, the law enforcement officials themselves will not be drawing blood.

Continue reading "Palm Beach DUI Lawyer – Search Warrants for Blood Tests" »

Fort Lauderdale DUI lawyer William Moore believes that the roads are safer for everyone when drivers practice safe drinking habits. For example, if you and your friends are going out for a night on the town, you should all agree on a designated driver who will remain sober for the evening. Alternatively, taking a taxi is always a better option than driving after you have had too much alcohol, because you risk a DUI arrest. A good Fort Lauderdale DUI defense attorney will advise you to be cautious, due to the serious criminal nature of even a first-time DUI and the risk of causing injury to yourself or others.

Local organizations like the Florida chapter of Mothers Against Drunk Driving (MADD) and the Dori Slosberg Foundation have campaigned against drinking and driving. MADD originally started in the 1980s; the daughter of the organization’s founder was killed in a car accident caused by a drunk driver. Likewise, the Dori Slosberg Foundation was started in 2005 by a former state representative from south Florida whose daughter and four of her friends were killed in 1996 in a DUI crash. Both organizations promote safe drinking habits and frequently operate in tandem, as the two groups have very similar agendas. This week, however, the two are in conflict leading up to a fundraising event this evening.

Fort Lauderdale DUI attorney William Moore has learned that the Dori Slosberg Foundation plans to host a fundraiser in Boca Raton at the Blue Martini Lounge, a local bar. The bar agreed to host the function because, according to the special events manager of the establishment, “We give back. Yes, we are a drinking establishment, but we are just as involved in the community as any other type of business. It's a venue for them to meet, and it's a social event, and they are collecting donations." Tickets are $20 and include one drink with the admission price, as well as appetizers and participation in a raffle for a vacation, beauty salon services, and other prizes. The fundraiser will be held from 6:00 to 8:30 p.m. tonight and the Slosberg Foundation expects between 50 and 75 people to attend the benefit.

The local MADD chapter has been hostile to the idea of a fundraiser at a bar. The executive director, Don Murray, said it would not hold such an event because to do so would be to “risk our brand.” Furthermore, he noted, "What a headline that would be if folks leave a MADD fundraiser and have DUI crash." Even the Boca Raton police have commented on the issue, saying that the location of the fundraiser sends the wrong message. The Slosberg Foundation, however, believes it is an opportunity to connect with a different group of people and emphasize their safe drinking message.

Below is a video produced by the Dori Slosberg Foundation on the importance of wearing seatbelts:

Continue reading "Fort Lauderdale DUI Defense Lawyer – Boca Raton Fundraiser Rubs MADD the Wrong Way" »

Broward DUI lawyer William Moore’s clients often come to him after they are pulled over and blow a 0.08 or higher on a breathalyzer. However, this is not the only way police make a determination of intoxication. Although a blood or breath alcohol reading of at least 0.08 automatically demonstrates intoxication in accordance with Florida DUI statute, you can also be arrested for driving under the influence if your reading is under 0.08 but you are too impaired to drive. For example, this may occur if you blow a lower reading, such as 0.06, or if the police believe you are under the influence of an intoxicant other than alcohol. Despite the widespread use of field sobriety tests, however, Broward DUI defense attorney William Moore believes that the results of these tests are not always reliable. The results of field sobriety tests can be challenged on several grounds, including improper “grading” or incorrect administration by the officer.

In the following video, you can see examples of field sobriety tests commonly administered by police officers. In this case, the officer describes the ‘walk and turn test’.

This video shows the ‘walk and turn’ field sobriety test in a real-life situation. A state trooper pulled over an intoxicated driver and administered field sobriety tests to make a determination as to whether she was driving under the influence. She was stopped due to swerving and erratic driving. In this case, the driver failed the field sobriety tests and was placed under arrest for DUI:

Other common tests a Broward police officer may use to determine your sobriety include the ‘one leg stand,’ in which you will be asked to stand on one foot in order to check your balance. The officer may also test your horizontal gaze nystagmus, which is a fancy way of determining if your eyes properly follow a moving object. For example, a person who has been driving under the influence may be unable to follow the object smoothly. This effect can also be seen in an individual who is extremely sleepy.

If you have been arrested for DUI in Broward, Miami-Dade, or Palm Beach County, contact our office as soon as possible to challenge your DUI.

Continue reading "Broward DUI Lawyer on Field Sobriety Tests, Part 2" »

The Palm Beach County Sheriff’s Office has disclosed that an unfortunate single vehicle accident in south Lake Worth last night killed the passenger in the car. Broward DUI lawyer William Moore notes that Palm Beach County had 62 traffic fatalities related to alcohol consumption during 2006, up to 73 in 2007. State and county officials have expressed concern about the rising number of alcohol-related driving deaths and DUI manslaughter in south Florida, since the numbers have increased not only in Palm Beach County but Miami-Dade and Broward, as well. No charges have been filed against the driver at this time and, although the Palm Beach County Sheriff’s Office spokesperson indicated that the accident was alcohol-related, it is not clear at this time if the accident was in fact DUI.

Palm Beach County authorities said that the accident happened a few minutes before 9:00 p.m. on the evening of Sunday, January 11. A 2000 Chrysler PT Cruiser went through the light at the intersection of H Street and 10th Avenue in Lake Worth. The vehicle drove into a field on the other side of the intersection, continuing until impact with a cement pipe left in the field. Neither the driver nor the passenger was wearing a seatbelt at the time of the accident.

The driver of the PT Cruiser suffered serious injury and was airlifted to Delray Medical Center, were he remains in stable condition. He had apparently been drinking prior to the accident, but he has not been cited with DUI or DUI manslaughter by Lake Worth authorities as of this report. The passenger in the vehicle was pronounced dead at the accident scene. Palm Beach law enforcement authorities have not released the identities of either.

The recent single-car Lake Worth accident follows a string of similar accidents in Florida. A 17-year-old male was killed in Okaloosa County, Florida on December 27; his passenger survived. The passenger was thrown out of the vehicle upon impact. The car drove into a ditch when the speeding driver failed to turn with the road. Investigators have not made a public determination about the cause of the accident or whether it was DUI-related.

Likewise, blood alcohol testing is pending in the case of a one vehicle accident in Jacksonville Beach, Florida, which left 24-year-old Donald Moran in critical condition. Moran is the son of Chief Judge Donald Moran Jr. The younger Moran lost control of his vehicle, causing an accident on J. Turner Blvd., in which Moran hit a utility pole and was thrown out of the truck before it landed upside down. Moran has a previous DUI conviction and served one year of probation.

Continue reading "Palm Beach DUI Attorney: Lake Worth Alcohol-Related Accident Kills Passenger, Injures Driver" »

Broward County residents should be looking out for DUI checkpoints in the next couple of days. On New Year’s Eve last year, 39 people were killed in traffic accidents in the state of Florida. Of those, 24 were related to alcohol consumption and driving. New Year’s Eve was also second only to Memorial Day, with an average of more traffic deaths per hour than any other day in 2007. Only Labor Day edged out New Year’s Eve with more alcohol-related deaths on the road.

A Florida Highway Patrol spokesman spoke recently about the high number of deaths on the streets of Florida. "Traditionally, New Year's Eve is a drinking and driving holiday. On average statewide, we usually have 40 percent of all traffic deaths related to alcohol. During the New Year holiday, we see that spike to about 60 percent,” said Sergeant Jorge Delahoz. The unusually high rates of DUI associated with New Year’s Eve – more than most holidays – have resulted in increased DUI-related patrols.

South Florida officials have expressed growing concern about the number of DUI-related deaths in Florida on New Year’s Eve and throughout the year. During 2006, Palm Beach County reported 62 alcohol-related deaths in traffic, a figure that made a significant jump to 73 in 2007. Even more disturbingly, Broward County reported 90 such deaths in 2007, a striking rise from 59 in 2006. Organizations like the Safety Council of Palm Beach County have advised drivers to be vigilant about DUI.

Most people in the Broward County area are already aware that police step up DUI arrests and enforcement during the holiday season. This year, expect police to be out in even higher numbers to prevent DUI-related deaths. In Palm Beach County, more than three times as many the DUI patrol officers will be out as compared to typical nights, in addition to the new four-officer DUI-targeting patrol introduced earlier this year. DUI arrests are expected to be significantly higher than during non-holiday evenings in Palm Beach, Broward, and Miami-Dade Counties. As in Palm Beach, the Broward County Sheriff’s Office has publicized its plans to put more officers on patrol on New Year’s Eve.

Drivers need to be aware of the high number of DUI checkpoints in Fort Lauderdale, West Palm Beach, Miami, and other cities in the area. A DUI arrest can have a tremendous impact on your life well beyond one miserable night in jail.

Continue reading "Fort Lauderdale DUI Attorney: DUI Deaths Have Risen, DUI Checkpoints Increasing for New Year’s in Broward County" »

Ipods and iPhones are some of the coolest – and most functional – tech gadgets around, wildly popular among teens and adults in the Broward County area. Even Fort Lauderdale DUI lawyer William Moore has one. Freelance developers have been designing games and add-on devices for Apple products for years now, like games or FM transmitters that allow you to listen to the contents of your iPhone or iPod through your car stereo. Now, however, one developer has come up with a device he hopes will remove the stigma from using a breathalyzer and prevent DUIs.

The iBreath is probably the coolest breathalyzer anyone has ever used. For $79, you can purchase the handy little attachment and take it along when you go out in Fort Lauderdale. It snaps into the bottom of the gadget, feeding off of the same power supply. A wand extends for you or your friends to blow into; within two seconds, the device flashes your blood alcohol content. If you blow a 0.08 or above, the level at which intoxication is presumed in every state, the device will sound an alarm to warn you against driving. While young partygoers are likely to think the new technology is a fun way to be safer, not everyone is delighted by the innovation.

Critics warn that the iBreath device may lull users into a false sense of security. It might not be as accurate as a police officer’s breathalyzer, which is calibrated regularly to ensure accuracy. It also does not require that the user blow a full, deep breath of air, which could also lower the accuracy. Users could also test their breath prior to driving, without realizing that alcohol absorption could continue for half an hour or more after they quit drinking. Some critics also worry that it could promote underage drinking, although the creators have explicitly stated that they hope it will prevent young people from getting DUIs if they do drink at parties.

Last Call is another recent innovation. The application allows you to input your body size and the drinks you have had to approximate your blood alcohol content. It also provides a list of DUI attorneys, perhaps if your calculation is awry. Drunk Dial takes a page from Google’s Gmail email service, requiring the user to answer math problems in order to make a phone call during late-night weekend hours (Gmail’s “mail goggles” is an optional function).

The manufacturer counters that the device is accurate and Apple-approved. Additionally, it could, they say, prevent DUI arrests and serious DUI accidents. Broward DUI lawyer William Moore does not advocate using any device in place of caution when drinking.

Continue reading "Fort Lauderdale DUI Attorney: the Hippest Breathalyzer?" »

The Federal Bureau of Investigation is currently developing a system that Fort Lauderdale criminal defense lawyers believe could have a far-reaching impact on DUI law. The Law Enforcement National Data Exchange, known as N-DEx, will aggregate information about individuals arrested throughout the United States. Currently operating in only a few locations, the FBI intends to expand the program to the rest of the country, including south Florida, within the next two years. The shared information could lead to higher bail or enhanced penalties based on previous arrests in other cities or states. By the same token, DUI attorney, William Moore, claims that such data may be used to combat unconstitutional practices employed by law enforcement. “DUI Road Sobriety Checkpoints will especially come under fire. Particular DUI investigator practices will be brought to light by the system as well.”

Law enforcement officials can share detailed information about crimes and arrests through N-DEx. The details of a DUI arrest, such as the name of the driver, the car he was driving, his home address, and his blood alcohol level would be available. Police can post pictures of the scene, property damage, or people who are arrested. All criminal history will be shared between police departments from Fort Lauderdale to San Francisco. N-DEx will provide investigators will links between people, property, and geographic locations that would not otherwise have been available. The system will provide real-time information to law enforcement agencies only insofar as the information is submitted in a timely fashion. The agency requesting data about a person or arrest need not contribute information in order to access information posted by other agencies. There is no requirement that the police departments update their information regularly, so outdated information may appear current to other users who are unaware of new developments.

Police will be able to search by the location, type of crime, property or vehicle, specific characteristics of the crime, and the people involved. The system will show information about an individual’s prior arrests, incarceration, and other criminal penalties or contact with the police. While users will have the option of controlling how much information about a specific arrest or incident is shared, the default mode of the N-DEx system is to share all available information with every law enforcement agency using the system.

Some criminal defense attorneys are concerned about the privacy and the potential for misuse of the N-DEx system. Right now, there are no penalties at all if a law enforcement official misuses the system, although the FBI could elect to revoke that user’s access in the future. Because each agency can have an unlimited amount of users, the information on the N-DEx system may not be tightly controlled within an agency’s office. The system also typically keeps the data indefinitely, rather than discarding personal information after a period of time. The indefinite retention is an issue particularly concerning to nonviolent and one-time offenders, including many people arrested for DUI. For instance, if you are arrested for DUI and the charges are later dismissed or a jury finds you not guilty, the information about your arrest could be stored forever – and the law enforcement agency may not update it to reflect the outcome of your case or your innocence.

Continue reading "Broward DUI Lawyers Await Arrest Data Scheduled to Become Available Nationally by 2010" »

The South Florida Sun Sentinel has reported that the Florida Department of Law Enforcement in Miami-Dade County fired breathalyzer analyst Sandra Veiga last week. According to her dismissal notice, she improperly tested the Intoxilyzer 8000 machines, the only breath test analysis instruments approved for use in Florida. According to Florida criminal defense attorneys familiar with the case, the accuracy of as many as 10,000 breath tests used to test for DUI are in question in Miami-Dade County alone, with more in Broward and Monroe counties.

When Intoxilyzers appeared to be failing the required annual state accuracy test, Veiga violated the Miami-Dade department policy by turning off the machines. Her intervention in the machines’ processing prevented the Intoxilyzers from logging errors in a central database in Tallahassee. In addition, Veiga advised other police inspectors on her method of avoiding any record of a failing test. Such conduct calls into question the integrity of the Florida DUI Breath testing program and qualified DUI attorneys have already begun filing motions in Broward, Miami Dade and Palm Beach Counties. Judges in Fort Lauderdale have been agreeable to continuing cases while further investigation continues while the court has been less liberal further south in Miami Dade.

DUI attorney William Moore, immediately filed motions to continue all of his DUI trials involving a breatholyzer upon first learning of Viega's manipulating the machines in October. He has since been working closely with DUI Intoxilyzer experts in order to best defend against the State charges pending against his clients.

"DUI convictions have serious consequences on ones career goals, in addition to social stigma and DMV complications. When an technician actively takes steps to hide the fact that these machines are failing, we have to put each and every intoxylizer test into question.”

Despite the problem with the FDLE inspector, the Intoxilyzers were still separately inspected monthly by the police departments using them. The Miami-Dade State Attorney’s Office has already indicated that it believes the devices were operating accurately and prosecutors do not anticipate any problems with their DUI cases.

These recent Miami-Dade developments might make you wonder how accurate breath tests are typically. Well, the answer to that depends. The Intoxilyzer 8000 can produce inaccurately high results for numerous reasons.

The first is mouth alcohol, which can include alcohol trapped in the mouth due to extensive dental work, from vomiting, or recently consumed cough syrup. Additionally, if you have blood present in your mouth (perhaps from a recently acquired injury or severe gum disease), the alcohol in the blood will be factored into the reading.

Continue reading "Broward County DUI Attorney: Breath Tests in Broward County Called Into Question After Operator Fired - Broward DUI Attorneys Challenge Open Cases" »

For more information on this article, contact Broward DUI Attorney, William Moore.

The Miami Herald reported yesterday that a Marion County woman is facing DUI charges after police found her passed out in her vehicle.

On Monday, October 20, police in Ocala, Florida responded to a report that a woman was sleeping in her parked Isuzu truck with a child in the front seat. The truck was parked on the shoulder of the road.

Police found Kimberly Gae Equatore, 42, passed out in driver’s seat of the truck with her 4-year-old son in the front seat. Equatore informed an official from the Marion County Sheriff’s Office that she had consumed several beers, but later denied consuming any alcohol. Several small, partially empty bottles of vodka were found in the backseat and in Equatore’s purse.

Equatore was uncooperative while taking a field sobriety test and refused to submit to an Intoxilyzer breath test. She was arrested for DUI and subsequently jailed. The Florida Department of Children and Families, as well as Equatore’s husband, were contacted regarding the child’s safety.

Under Florida law, driving under the influence can occur even if the car is parked. This is known as a non-driving DUI. The driver needs to be in actual physical control of the vehicle while intoxicated. The person behind the wheel is often found to be in actual physical control of a vehicle when the keys are in the ignition, even if the engine is turned off. The prosecutor does not even need to prove that the person behind the wheel of the car drove at all. In some cases, the people found sleeping it off in a car have been charged with DUI even when the keys were not in the ignition or the car was inoperable. Perhaps even more surprisingly, you can be charged with a DUI under these circumstances even if you were asleep in your car on private property instead of a public street. Last year, Tampa Bay Buccaneers wide receiver David Boston was charged with DUI in a high profile case after he was found asleep in his vehicle with the depressant GHB in his system. A breath test found no alcohol in his system.

Continue reading "Passed Out Marion County Woman Charged with Non-Driving DUI in Parked Car" »

In two separate recent DUI cases, Collier County Judges dropped the gavel on drunken drivers. In one case, a defendat who used to live in Naples Park, but now lives in Orlando, killed her friend in a drunk driving crash on November 28, 2001. She accepted a plea deal of two years of house arrest and eight years of probation. The alternative was a 10-year prison term. She was charged with DUI manslaughter (and pleaded to this), which is a second-degree felony.

In addition to the house arrest and probation, Judge Jack Schoonover, the original judge on her case, fined her $1,000 at sentencing and ordered her to spend every November 28 in jail until 2013, when her probation ends. She must also do 15 hours of community service every year, and cannot drink any alcohol. Her license was also suspended, and she can only drive to and from work.

Recently, she filed a motion requesting early termination of her house arrest. Judge Fred Hardt denied her motion after Assistant State Attorney Mike Provost objected. Provost pointed out she made a plea deal to avoid the prison time, which, by law, could have been up to 15 years.

In another case, Robert James Bacon killed a mother of one – she was riding her bicycle in a bike lane in February, 2008. Collier County Circuit Judge Elizabeth Krier refused a bond reduction for him, even though he completed the county jail’s Project Recovery Program.

At the time of the accident, Maria Alba Alvarez Hernandez was riding her bike in the bike lane going southbound on U.S. 41 near the Imperial Golf Course when Bacon swerved into the bike lane and hit her. He then fled the scene. His blood-alcohol content was 0.259 and 0.258 once he was found and tested. He was charged with DUI manslaughter, leaving the scene of a crash with a death, DUI, DUI with personal damage and DUI with property damage. He is being held on a $570,000 bond – reduced from $600,000. Bacon also faces up to 15 years for each felony and a year for each misdemeanor.

Assistant State Attorney Mara Marzano has refused to negotiate a lenient sentence and cites Bacon’s history of alcoholism and his nine 2005 convictions for leaving the scene with property damage and DUI property damage. Bacon was sentenced to a year of probation (in a separate case), but he violated it a year later. He had just finished that term a short time before this recent crash. Bacon has admitted to Marzano that he has been heavily drinking since he was 17.

Judges are less willing to reduce bonds and prosecutors are less likely to settle in DUI manslaughter cases, citing the safety of the general public.

If you are charged with a DUI crime please contact the offices of William Moore. Offices are conveniently locate in Broward, Miami Dade and Palm Beach Counties.

MIAMI, FLORIDA, September 15, 2008 – At about 1:15 a.m. Sunday morning, Kama J. Jackson, 29, was killed in an accident where someone ran a stop sign at 20th Street and First Court and collided with his vehicle. The person who hit him subsequently fled the scene.

Carlos Alberto Rodriguez, 27 was drinking at a strip club and says he does not remember the crash. He was driving a Honda Passport at a high rate of speed when he ran a stop sign striking Jackson. A judge granted him a $2,000 bond on charges of leaving the scene of an accident involving death and making a false report to law enforcement. It seems that Rodriguez went to the police station with his brother to make a report about Rodriguez being carjacked and beaten. Ironically, police had been circulating the wrong picture of the suspect in the crime – it was a picture of Rodriguez’s step-father who has the same name. When they realized he fit the description, they started questioning Rodriguez, who then admitted he had been drinking at the Pink Pussycat strip club and was drunk when he left and got behind the wheel of his car. Rodriguez says he does not remember anything after leaving the strip club.

According to the Sun Sentinel, he originally stayed at the scene, then left and crashed again at a construction site, taking off off on foot.

There is an on-going investigation, and it is anticipated that additional charges of DUI Manslaughter will be filed against Rodriguez if they can find someone able to testify as to his level of impairment.

Continue reading "Hit-and-Run Driver Turns Self In After Attempting to Make False Report" »

The St. Petersburg Times reports that Florida law enforcement officials are increasingly adding child neglect charges to DUI cases where they believe the child’s life may have been endangered.

According to the July arrest report for Brian Adam DeLeon, the Odessa man had his 13-month old son in the car as he weaved in and out of traffic on Memorial Highway. Undercover Deputy Felix Moret pulled over DeLeon on July 25 and observed the smell of alcohol on his breath. DeLeon has pleaded not guilty to charges of DUI and child neglect.

DeLeon’s blood alcohol level was below Florida’s legal threshold of 0.08, but the deputies suspect he may have also been driving under the influence of drugs, so they are awaiting the results of a toxicology report. His was wife was in car with him, but she has not been charged.

Moret said that he has seen at least three cases of DUI and child neglect so far this year. But as the St. Petersburg Times points out, parents can also be charged for bringing children along when they complete an illegal transaction, such as drug trafficking.

DUI arrest can bring a charge of neglect, St. Petersburg Times, September 2, 2008

Continue reading "Florida Drivers Charged With DUI Can Also Face Child Neglect Charges" »

Prosecutors claim a Woodbine, Maryland man used a Florida driver's license to cover up his record of driving under the influence. Gerald Thomas Titus, Jr., 37, is facing 11 charges after a traffic incident in July. These charges include driving under the influence of alcohol, fraud of personal identity to avoid prosecution, and possession or use of a false government identification document.

When police pulled over a motorcyclist for speeding on March 22, they observed that the cyclist’s breath smelled strongly of alcohol. The man showed the officer a Florida driver’s license with the name Frederick John Karr, Jr. The address was listed as St. Petersburg, Florida. According to court documents, he was sentenced to a year and a half of unsupervised probation. Since he received probation before judgment, the conviction could be removed from his record if he completed his probation satisfactorily.

The man was again stopped for drunk driving on July 9, which promoted the Carroll County Sheriff’s Office to investigate. The officials now believe that Karr deceived officers by giving them a false name and false identification. However, it is unclear how he would acquired this false driver’s license, since the Florida Department of Motor Vehicles requires two forms of ID (among other items) to obtain a Florida driver’s license.

Cops: Fake ID hid DUI record, CarrollCountyTimes.com, August 27, 2008

Continue reading "Man with Florida Fake ID Faces DUI Charges" »

The latest DUI Defense news available 24 hours a day by calling 954-523-5333. Broward County Office.

A Florida woman was recently jailed for her tenth drunk driving offense over the past two decades. She has been arrested several times for driving with a revoked or suspending license, and local police are calling it a new record.

Her federal records are vague about whether all the arrests led to convictions. Records from the Florida Department of Law Enforcement list another drunk driving arrest in October of 2002; however, the charge was later reduced.

Janet Landrum, 41, told police that she was driving because her passenger, a man she’d just met at a bar, was too drunk to get behind the wheel. A Manatee traffic enforcement officer pulled her over because she was reportedly weaving, needlessly tapping her breaks, and making erratic lane changes around 2am on Saturday morning.

A Florida DUI attorney told the Ledger that Landrum could face up to five years in prison, since anything more than three prior convictions may lead to a prison sentence. Actually, Florida law considers the first or second DUI offense a misdemeanor, but drunk driving is considered a felony when a third conviction occurs within a decade of the second offense.

FL Woman Arrested for DUI For The 10th Time, ShortNews.com, August 27, 2008

Woman Arrested for 10th DUI, Sarasota Herald Tribune, August 26, 2008

Manatee woman arrested for 10th DUI, Associated Press, August 26, 2008

Continue reading "Florida Woman Faces Possible Jail Time for 10th DUI Arrest" »

The Florida Times-Union reported last week on a computer error that deleted the felony conviction of a drunk driver. Government officials mistakenly reinstated the driving privileges of Brandon Hoffman, who was 17 at the time of the incident. The accident occurred in 2005 and left Don Worley in a wheelchair.

Questions from the Times-Union prompted an inquiry into the government computer system, including the Traffic Citation Accounting Transmission System (also called TCATS). All 67 Florida court clerks use the system to transmit information about convicted DUIs to Highway Safety officials and the Florida Department of Law Enforcement.

Highway Safety officials notified Hoffman, now 20, that his driver’s license would be suspended starting in 20 days. Back in 2006, Hoffman had pleaded no-contest to the felony drunken driving charge and was sentenced to six years of probation, in addition to 150 days of jail time and a six-month driving suspension.

That information never made it into FDLE records. FDLE never received a copy of Hoffman’s fingerprints from Flagler County, so they were unable to enter information about his arrest and conviction in their system. They are investigating to ensure that the computer error has not impacted other DUI cases.

Computer error strikes teen's DUI conviction, Florida Times-Union, August 11, 2008

Continue reading "Palm Beach DUI Lawyer: Computer Error in Florida Deletes DUI Conviction" »

In Manatee County Florida, volunteers for Mothers Against Drunk Driving (MADD) are preparing to launch a pilot program in cooperation with the Manatee County Sheriff’s Office. The six month “Traffic Observation Program” begins September 1, 2008.

Volunteer traffic observers from MADD will report vehicle descriptions, direction of travel, and license plate numbers of drivers who show signs of intoxication to the county Sheriff’s office. Safety permitting, the observers may decide to follow vehicles while maintain contact with dispatchers from the Sheriff’s office. The volunteers will work in pairs using their own cars and cell phones, monitoring the roads between peak DUI periods (around 10 pm to 2 am).

Data from the 6 month pilot will be used for assessment purposes. Manatee County Sheriff W. Brad Steube estimates that Florida drunk drivers will kill approximately 1,000 people this year.

Although the volunteers have been instructed not to intervene or stop any vehicles suspected of DUI, the program raises some questions. Is it necessary? More importantly, volunteers can easily be described as "state actors" for legal purposes? Following automobiles and reporting them directly to law enforcement raises some significant constitutional issues. Furthermore, overzealous participants are certain to create traffic hazards while persuing citizens whom they believe are impared. This pilot program is absolutely ludicris.

This Florida pilot program is the first in the country, so only time will tell.

MADD Volunteers Support Local Sheriff with New Program to Report Drunk Driving, MarketWatch.com August 7, 2008

Continue reading "Palm Beach DUI Attorney: MADD Volunteers in Florida Launch Traffic Observation Program " »

After a regional alcohol-program coordinator for the Florida Department of Law Enforcement failed to perform a department inspection on an Intoxilyzer 8000 machine, Judge Joyce Williams has opted to toss out breach evidence in nineteen DUI cases that occurred between February 17, 2007 and May 17, 2007.

In most situations, DUI cases are resolved within months of the arrest, but several defense motions have caused delays, according to Assistant State Attorney Greg Marcille.

Yesterday, Judge Williams presided over a hearing where prosecutors attempted to re-introduce breath-test evidence into the effected DUI cases. Without breath-test evidence, the state would be forced to try the cases using other evidence including the smell of alcohol, driving patterns, statements from the defendants, or other physical indicators of intoxication.

Among those who are impacted by this decision is 29-year-old James Estel Gregg, who tested far above Florida’s legal blood alcohol level and showed signs of intoxication during three sobriety tests back in April, 2007.

Technical problem may blow DUI cases, PNJ.com, July 30, 2008

Continue reading "Palm Beach County DUI Lawyer: Florida Judge Dismisses Breath Evidence in 19 DUI Cases" »

In West Palm Beach, Florida, Christopher Sales pleaded guilty to DUI manslaughter and driving under the influence. The 28-year-old man will serve five years in prison and spend eight years on probation after release from prison. If convicted as charged at trial, Sales would have faced up to 20 years behind bars.

On October 8, 2005, Sales was driving a 1994 Chevrolet Camaro and made a U-turn in front of Harley-Davidson, causing a crash that killed motorcycle driver John Steelman, 38, of Boynton Beach. Steelman’s passenger, Tara Summer, suffered a broken arm and leg after she was thrown from the bike. Sales sustained minor injuries as a result of the crash.

Sale was driving under the influence of painkiller oxycodone and tests showed that his blood contained for the three times the recommended medical dose. According to an attorney for the state of Florida, he did not have a prescription for the medication.

Man sentenced to 5 years for causing fatal wreck while on painkillers, South Florida Sun-Sentinel, July 15, 2008

Continue reading "Palm Beach DUI Lawyer: West Palm Beach Man Sentenced to 5 Years in Prison After Fatal Car Wreck" »

Some of the strangest DUI stories originate in the great country of Australia. The latest involves the arrest of a man found asleep in his motorized wheelchair. The suspect, who was also a senior citizen was charged with operating a vehicle while impaired. Such an arrest raises interesting issues with respect to the rights of disabled persons.

Seminole County’s recent sobriety checkpoint yielded arrests for very few drunk drivers, however, generated almost 100 tickets for various driving infractions along with an arrest of an individual for carrying a concealed weapon. The Florida Highway Patrol still maintains that these checkpoints are necessary to keep Florida roadways safe despite the fact that they consistently yield an average of four to less arrests for DUI. In Fort Myers last Saturday morning, over a thousand vehicles were detained in some manner while passing through a checkpoint established on North Cleveland Avenue. Although a little bit better than the Seminole County checkpoint, Fort Myers still yielded very few DUI arrests compared to the number of traffic citations issued. This law firm has consistently maintained that sobriety checkpoints are an absolute violation of our constitutional rights. The limited number of arrests resulting from these roadblocks consistently verifies this to be the case.

I have stated before that the crime of DUI is politically charged. Every year with increased legislation, private companies flourish financially due to the fact that those convicted are forced to attend certain programs, complete certain schools, have their car immobilized, and in this case, outfit their automobile with an ignition interlock. For those of you that don’t know it, an ignition interlock is a device that gauges a driver’s blood alcohol level. If that BAC is too high, the engine will not start. Currently, interlock devices are only required for those convicted of their second DUI, however, legislation across many states in the nation (including Florida) are seeking to require these devices for even first time offenders. Many states are also crying out for uniform legislation seeking mandatory interlocks in every car registered within a given state. Car manufacturers have already begun to outfit concept cars with sensors that would detect any alcohol within the cabin. The United States Federal Government has even gone as far as to offer a ten million grant seeking the development of such intrusive devices. It is important to keep in mind that it is not illegal to have a drink and drive an automobile. It is only when an individual is impaired that a crime is committed. This legislation and lobbying seeks to criminalize otherwise legal behavior and further erodes our constitutional rights.

The City of Delray Beach has set its sights on obtaining money that would finance an officer whose duties would primarily include analyzing ways to fight DUI offenders. The City of Delray Beach also hopes to use this grant money to finance a vehicle outfitted to further this endeavor. The application seeks over $100,000 which the City claims is justified due to the increased number of bars on Atlantic Avenue. Very little statistical information is available which would tend to prove that the increased number of drinking establishments has any relation to the amount of impaired drivers in the Delray Beach area.

You are with your friends in a bar or restaurant or you stopped in the bar after work to wind down. You have one or two shots, one or two beers, one or two cocktails. Depending you how much you weigh, most likely you are now legally intoxicated.
When a police officer believes he has observed a possible drunk driver while on routine partrol, he will look for the usual manner of behaving while intoxicated (weaving, crossing the center line, driving too slow or too fast, etc.) or for a moving traffic violation/offense that will serve as “probable cause.” This is why a police officer will follow a suspected intoxicated driver at a safe distance to observe a driver’s pattern to determine if their opinion that they have spotted someone intoxicated may be correct.
Officers will develop “reasonable suspicion” that a person is driving while impaired after observing a vehicle from behind. More than likely, the police officer will witness a traffic offense, at which time they have developed “probable cause” to lawfully stop the vehicle and investigate their suspicions. A police officer MUST have probable cause to stop your vehicle.
After stopping a vehicle, the police officer must conduct an investigation to prove his reasoning for the stop, i.e. his proof of probable cause. The proof would be physical signs or evidence indicating intoxication.
The signs a police officer always looks for are a person’s speech, physical movements, eyes and odor. A person’s eyes are probably the most important telltale indication of an impaired driver: the eyes do not lie. This can be proven by the nystagmus test, which results in rapid involuntary oscillation of the eyeballs when a person is intoxicated.
The police officer will ask some simple questions. These, coupled with the operator’s driving pattern, physical symptoms, answers, and odor of alcohol from the driver’s breathing or inside the vehicle, will assist the police officer to form his or her professional opinion of whether or not to reasonably suspect that the driver may have been operating a vehicle on a public highway while either impaired or intoxicated from alcohol or drugs, or both.
If the answer is “yes,” the police officer does have reasonable suspicion to believe the driver is impaired based on their training and experience, and can legally continue to the next investigative step. The officer will ask the driver to exit their vehicle where he will further observe the driver’s physical coordination, speech and general orientation to the location of the traffic stop. They will always ask you if you know where you are.
The police officer will advise the driver that he needs to conduct physical coordination tests. Police officers have undoubtedly encountered a driver who will demand at this point to speak with his or her attorney prior to participating in further tests. A person being investigated for gross misdemeanor driving does not have a constitutional right to consult or have an attorney present before the officer administers any of the field balance tests.

Continue reading "What you should know before getting in the car." »

James Chadwick, 32, was arrested by the Florida Highway Patrol and charged with DUI this month for what appears to be his 4th DUI charge. In addition to the DUI charge, Chadwick is also charged with DUI manslaughter for the death of a 19 year old woman after his vehicle left his lane of travel, crossed over into oncoming traffic and struck another vehicle head on last June. Chadwick’s blood alcohol content was determined to be .130 on the night of the accident. He was not arrested until this week when he was located at his girlfriend’s apartment. Chadwick, whose license was suspended at the time of the accident due to prior driving offenses, was also charged with driving without a license in an accident that resulted in death or serious bodily injury.

Police Officer’s testifying on behalf of the State in DUI trials often criticize the manner in which a suspect pulled over in response to an officer’s commands. The manner of parking, including distance from the curb, angle of the car, and overall positioning of the automobile will be scrutinized. This, of course, is done to bolster an officer’s claims of impairment and obtain a conviction for the State Attorney. The overall goal will be to establish that parking was conducted in a sloppy manner due to the suspect’s intoxication. Methods of combating such accusations from a defense standpoint include:

(1) Being pulled over by a law enforcement officer creates some level of anxiety in the average person. Such anxiety can lead to uncommon driving/parking practices and irrational responses. Ordinary citizens are conditioned to fear police officers when they are being pulled over and they have grown to learn that being pulled over follows a motorist’s doing something wrong. The stress of the situation more often than not leads to imperfect parking.

(2) Most people believe that pulling over in response to an officer’s lights and siren must be done immediately. This sense of urgency often leads a suspect to be more concerned with getting to the side of the road than with the grace of their parking ability. Pulling over immediately indicates a willingness to obey an officer’s command and to show respect for authority. This sense of urgency can be considered the suspect’s primary concern where to accuracy of the vehicle’s position after coming to a stop is not at issue.

(3) Criticizing of a suspect’s parking ability on the night of their arrest should be pointed out as overreaching on the part of law enforcement officers and used by defense counsel to expose their pre-disposition to obtaining a conviction at all costs.

Videotaping road sobriety exercises is standard procedure in even some of Florida’s smallest counties. Miami-Dade however, still rejects the use of in-car video camera systems for its DUI task force. The cost of the dash mounted patrol car camera is approximately $5000. Equipping the cars of every DUI task force officer wouldn’t make a dent in the overall budget of the Miami-Dade police force. Nonetheless, task force officers don’t have cameras and videotaping is not standard procedure.

In direct contrast, in Broward and Palm Beach County where videotaping is standard procedure, an officer’s failure to do so during a DUI investigation may allow for challenges based on “failure to videotape” motions (A/K/A failure to preserve evidence motions). In Miami-Dade however, the issue is not the failure to preserve evidence but the failure to gather and preserve evidence in a particular manner. As videotaping is not standard procedure in Miami-Dade, the courts have held that law enforcement is not required to collect evidence in a manner dictated by the accused. Consequently, at this time, failure to preserve evidence motions based on a lack of videotape are not successful. Videotaped evidence can be a double-edged sword. I have forgotten more cases than I remember where videotape evidence exonerated a defendant of their DUI. By the same token, a poor videotape that is admissible into evidence can be extremely damaging to a defendant’s case.

In Florida we have seen several counties whereby persons arrested for DUI have their names and facts surrounding the incident posted in the local newspaper. One county attorney in Arizona however, has taken humiliation of convicted individuals to a whole new level. Maricopa attorney, Andrew Thomas, has financed a billboard campaign and internet site which displays the mug shots and names of suspects who have been convicted for DUI. It is uncertain at this point whether slandering suspects will actually lead to a reduction in the amount of DUI cases and is criticized as being relatively harsh for alleged crimes that lack the culpability such as robbery or crimes of violence.

The Florida legislature has enumerated such a long list of mandatory minimums for people that have been convicted of DUI that I find it inherently wrong for the elected top prosecutor to take it into his own hands to punish individuals even further.

Police departments all over the country, including right here in South Florida, are preparing for the busy holiday party season by setting up extra DUI task forces and DUI checkpoints. The Florida Highway Patrol have indicated they are instituting a zero tolerance police for aggressive, impaired and dangerous drivers. Expect extra police presence on South Florida roadways from midnight tonight until New Years Day.

With each passing year we are seeing more arrests of law enforcement officers charged with driving under the influence. Having been a former prosecutor over a decade ago, I can tell you with absolute certainty that most people involved in law enforcement from desk clerks all the way up to assistant state attorneys are given a warning 99% of the time when stopped for DUI. Nonetheless, there still is a breach of the fraternal order every so often and arrests of one’s own are, in fact, made on occasion. The most recent incident involved Miami-Dade police officer Jeffrey Jasnish. A police officer since 1983, Jasnish was discovered swerving across lanes of traffic in his patrol car and stopped under suspicion of DUI. The results of his breath test, according to the Intoxilyzer 8000, revealed that he was three times the legal limit in Florida. It is uncertain at this time what disciplinary action, if any, will be taken against officer Jasnish.

BRADENTON - On Friday around 10:30 pm. the Manatee County Sheriff's Office hosted a Multi-Agency DUI Checkpoint at 1300 block of Cortez Road West.

Bradenton Police Dept., Longboat Key Police Dept., Manatee County Sheriff's Office Reserve Unit as well as several Cadet units from the Sheriff's Office participated in the checkpoint.

The results of the Checkpoint are as follows; 555 cars went through the checkpoint of those 60 were diverted into a traffic citation line for further investigation. Of those 60 2 were arrested for DUI, 5 were arrested for Driving While there License was Suspended and 1 Misd. theft warrant.

There were 24 other citation written for various infractions to include Registration and Drivers License violations.

The next checkpoint will be Jan. 18, 2008.

In Florida the legal limit for alcohol measurement is .08% BAC (breath alcohol content). At that measurement you are legally drunk and will be arrested and taken to jail if you are caught driving a car.

If you weigh between 90 – 109 pounds and have 12 ounces of beer, four ounces of wine or one and a quarter ounces of 80 proof liquor (a shot glass is one and a half ounces), your BAC will been between .05 and .08%. At this measurement you are considered definitely impaired and your chance of an accident is increased up to 300 percent or more. If you have another drink your BAC goes up to .08% or over, and if you have any more alcohol, another beer, another shot or more wine, you are considered legally drunk. Your function and judgment are seriously affected. Consider the fact that when you have consumed two 12 ounce beers, or two shots, or two small glasses of wine you are considered legally drunk and cannot drive without taking the chance of getting arrested for DUI.

If you weigh between 110 – 129 pounds and have 12 ounces of beer, four ounces of wine or one and a quarter ounces of 80 proof liquor your BAC will be the same as noted above, and you are legally drunk.

If you weigh between 130 – 230 pounds and have the same amount of alcohol as mentioned above, your BAC will only be .01% to .05% and you are not considered legally drunk, but some loss of judgment and coordination occurs, and your thinking will be dulled.

If you weigh between 90 – 129 pounds and have that second drink in an equal amount as the first, your blood alcohol will go up to .08% and you are now legally drunk.

If you weigh between 130 – 189 pounds and have three or more drinks of alcohol equal to 12 ounces of beer, four ounces of wine or one and a quarter ounces of 80 proof liquor, your BAC will be .08% or higher and you are now legally drunk.

If you weigh between 190 – 230 and up and consume three or more drinks of alcohol equal to 12 ounces of beer, four ounces of wine or one and a quarter ounces of 80 proof liquor your BAC will be above .08% and you are legally drunk.

A person’s blood alcohol concentration will vary according to body build, sex and your current health status. Other factors that will temporarily lower a person’s tolerance level to alcohol are fatigue and stress.

The Wake Forest University School of Medicine has conducted significant research on the effects of one’s normal faculties and mental state that mixing energy drinks (such as Redbull) with alcohol can have. The findings of the University show that the combination of an energy drink with alcohol doubles certain risks in contrast to where just alcohol would be consumed absent the energy drink. Included in the risks is “being in a vehicle whereby the driver is intoxicated.” It is unclear at this time as to whether any research was conducted as to the risk being increased for an individual consuming alcoholic beverages mixed with an energy drink as it pertains to actually driving under the influence. The study further revealed that one’s awareness of the symptoms of being intoxicated is less apparent. In other words, people are unable to tell if they are inebriated or if their normal faculties are impaired. Alcohol and energy drinks work against each other as an energy drink is a stimulant and alcohol a depressant. Drinking the two together does not effect the level of intoxication yet prohibits people from realizing the amount of alcoholic beverages that they have consumed. In essence, the blood alcohol level remains the same, however, the feeling of being drunk is masked, at least mentally, by the caffeine in the energy drink. It is no surprise that people combining alcoholic drinks with energy drinks tend to stay out longer and drink more. The mixing of caffeine with liquor has grown tremendously in the last two years and continues to be on the rise.

Despite an investigation that Ann Marie Gordon, a Seattle state toxicology lab manager, had sworn in affidavits that she had “examined and tested” solutions that she had not, in fact, tested, no charges were filed. At this time, absent showing such misconduct resulted in some effect in the results of the breath tests, all evidence may still be properly admitted in all cases against defendants charged with DUI.

It is my opinion that a direct correlation between a state actor’s perjury and the results of breath tests is irrelevant rather that such evidence obtained with a taint of such outrageous police misconduct should be excluded in an effort to deter similar future conduct.

Having been a former prosecutor I know the “brotherhood” of law enforcement all to well. It’s been over a decade now that a former colleague of mine was arrested for DUI despite his being an active prosecutor in South Florida at the time. The buzz in the legal community was disbelief than an officer had arrested one of their own prosecutors and it was expected that the wrath from such behavior would eventually come back to haunt her. Sure enough, the officer making the arrest was shunned to the point of having to relocate to a department in North Florida. Such practices of law enforcement just don’t sit well with the general public, especially when so many good people have been arrested and charged with DUI. While zero tolerance is a term of art specific to making an arrest of every minor suspected of DUI, it can be that a “zero tolerance” law is in effect in the literal sense in Florida, calling for an arrest of every actual suspect in that the offense of DUI is absolutely a politically charged crime allowing no discretion to cut someone a break, unless of course, if you are a police officer or a family member of one.

Take for instance the wife of a Manatee County police officer who was driven home after being detained at a DUI checkpoint rather than arrested. Despite her reeking of alcohol at the scene, the police officer stated that Wendy Getman did not appear to be intoxicated. Why then was she not required to perform field sobriety exercises. As with most checkpoints this day, the magic number for arrests were made in addition to over a hundred traffic citations being written, which are of course, very lucrative to the County.

As for Wendy Getman, the wife of Deputy Brett Getman, well she was given a break just this time. But if I had to put my money on it, Mrs. Getman has a license to drive impaired and I would bet the farm that this isn’t the first time she’s been cut a break with respect to driving offenses. Just check the statistics. Police officers and their families are rarely, if ever cited, and doesn’t that just burn?

Florida Attorney General Charlie Crist is throwing his support behind a plan to create a Florida statewide computer database designed to cut down on prescription drug abuse.
The database would keep track of patients’ prescriptions. That would allow doctors and pharmacists to discover anything unusual about a prescription.

Driving under the influence of the prescription anti-anxiety drug Xanax and alcohol can be very dangerous, according to a story in the St. Petersburg Times. Unfortunately, Florida police have been encountering more and more drivers who are under the influence of this mixture.

Florida's Pinellas County found that 177 DUI suspects had Xanax in their systems last year. While that figure may not seem like a lot at first, compare it to the number from 1998, when Xanax was prescribed to fewer people and found in only four drivers suspected of being DUI.

Xanax is generally known as alprazolam and prescribed to treat panic disorders. While this drug is not as strong as methadone or even as popular as some painkillers, Xanax does intensify the intoxicating effect of alcohol. To make matters worse, the pill can create a euphoric feeling within users, making it popular for people looking for a quick "high." Statistics exist stating that 37.5 million prescriptions of Xanax were written last year; an increase of nearly 8 million prescriptions from 2005. Furthermore, Xanax is easily available illegally and can be purchased from people with prescriptions or from less than reputable Web sites. It is believed that the combination of Xanax with alcohol may be as potent as three drinks.

Hillsborough Sheriff's Sgt. Ronald Harrison works in a Florida DUI task force by the name of Operation 3D and said in the story that he encounters drivers on all sorts of drugs. With that said, he ranked Xanax, cocaine and marijuana as being the most common drugs that suspects are found to be under the influence of during arrests.

There is a report by the Florida Medical Examiners Commission stating that 456 people overdosed on alprazolam last year. In fact, this drug was just behind cocaine, methadone and the painkiller oxycodone in terms of drugs causing the most overdoses in the state of Florida in 2006.

The story behind Xanax teaches some important lessons. To begin with, prescription drugs should only be used by people to whom they are prescribed. Xanax and other prescription drugs can be a very dangerous combination with alcohol. What might seem like one drink may be equivalent to a couple more when under the influence of a prescription drug like Xanax. If you've been arrested for Xanax DUI or driving under the influence of another drug or alcohol, speak to a local DUI attorney as soon as possible. Sponsoring DUI attorneys can look at the details in your case in more detail and help you proceed. Being charged with DUI is nothing to laugh about, so don't delay in getting in contact with an experienced DUI lawyer.

The Designated Drivers Association (DDA) is a non-profit organization that organizes teams of volunteers to provide impaired drivers with a free ride home for both them and their vehicles. DDA recognized that many people didn't avail themselves of other designated driver programs because it would require a morning-after trip to retrieve one's car. The DDA addressed this issue by creating a system where volunteers work as a team: one volunteer to drive the impaired person home in their own car, and the other to follow in a separate car, in order to drive the first volunteer home.
The DDA does not charge for this service (although gratuities are cheerfully accepted). The benefits of the DDA are obvious: by removing the chief objection to other designated driver programs, and rendering the services free of charge, the DDA encourages impaired drivers to stay off of the road at no inconvenience to themselves.
DUI LAWS recognizes this innovative effort by the DDA, and is committed to working closely with the Designated Drivers Association to help them spread their free service throughout the United States. DUI LAWS will continue to support the DDA by inviting them to participate in any DUI LAWS events. Since both DUI LAWS and the DDA aim to help decrease the number of alcohol related arrests and accidents, it's a natural fit for both organizations to work together.
The DDA's goals are:
Increase public awareness of the dangers of driving while impaired.
Educate people about the positive choices they can make concerning impaired driving.
Reduce the number of impaired drivers on the roads and highways thus preventing injuries, deaths and saving the community millions of dollars.
Further understanding of the DDA- a positive, proactive, unique alternative to impaired driving.
Establish a Scholarship Fund - to help children whose lives have been affected by DUI tragedies.
These are laudable goals. Qualified lawyers are not lobbying on behalf of the impaired driver when they support DDA. Rather, the skilled defense lawyer exists for the sole purpose of ensuring that no person is convicted unless the government meets its burden of proving guilt beyond a reasonable doubt. If someone is truly impaired, they should not be driving.

How about alcohol on the breath being a reliable sign of alcohol intake and intoxication? I have read many, many police narratives wherein lies the sentence, “the subject emitted an odor of alcohol.” The fact is alcohol is ororless, no smell at all. What police officers believe is alcohol on the breath is actually the odor of things found in alcoholic beverages. The estimates made by officers are no more accurate than indiscriminate guesses.

Another myth is that if people refrain from drinking alcohol they are considered “alcohol-free” and cannot be arrested for DUI (the act or crime of driving while affected by alcohol). The truth is that the human body produces its own alcohol supply naturally on a continuous basis, all day and night, seven days a week. This is called “endogenous (growing or produced by growth from deep tissue) ethanol (colorless volatile flammable liquid C2H5OH that is the intoxicating agent in liquors) production.” In some cases people produce enough to become legally drunk and can be arrested for DUI.

Did you ever hear the one that diabetics can be cleared from suspicion although they may be suffering from hypoglycemia, slurred speech, disorientation, staggering, drowsiness, poor motor control, and flushed face?

Hypoglycemia (abnormal decrease of sugar in the blood) causes acetone (a volatile fragrant flammable liquid ketone C3H6O used chiefly as a solvent and in organic synthesis and found in abnormal quantities in diabetic urine). Acetone will record as alcohol on the breath during a breathalyzer test. Diabetics can be falsely arrested for DUI.

Have you ever heard the one about sucking on a penny? It’s supposed to lower a person’s BAC reading…. Blood alcohol content (BAC) or blood alcohol concentration is the concentration of alcohol in blood.) Sucking on a penny will have no effect on BAC results, but will put a bad taste in your mouth.

How about the myth that field sobriety tests can identify drunk drivers. (The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner by police officers at roadside to obtain validated indicators of impairment) The test consists of:

• the horizontal gaze nystagmus (HGN)
• the walk-and-turn
• the one-leg stand.

Horizontal gaze nystagmus (HGN) is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object, like a police officers’ penlight.

A study conducted by scientists at Clemson University involved showing police officers videotapes of individuals taking common field sobriety tests. Unknown by the police officers, the individuals were not under the influence of alcohol, yet the police officers’ professional opinion identified 46% of the sober individuals as too drunk to drive.

A popular myth is that law enforcement officers can’t influence the BAC reading of a breath-testing machine. The fact is, police officers can and do influence BAC readings. The most overlooked error in breath testing for alcohol is the pattern of breathing. The concentration of alcohol changes considerably during a breath. The first part of a breath has an alcohol concentration much lower than the equivalent BAC. The last part of the breath has an alcohol concentration that is much higher than the equivalent BAC. It can be over 50% above the alcohol level. Many police officers know this, and they also know that if the machine contradicts their opinion that the arrestee is intoxicated, they won’t look so good. So, when they tell the arrestee to blow into the machine’s mouthpiece they may yell at him or her to, “Keep breathing! Breathe harder!” This would cause the breath captured by the breathalyzer to be from the bottom of the lungs, near the alveolar sacs, which will be richest in alcohol. This would cause the breathalyzer machine to give a higher, but inaccurate reading.

Some people believe the myth that breathalyzers and other breath testers are accurate. Actually, alcohol breath testers simply lack precision. Attorney Lawrence Taylor explains that “Scientists universally recognize an inherent error in breath analysis, generally of plus or minus .01%. This means that under ideal conditions (a highly unlikely situation), a BAC reading of .08 (the accepted legal limit for alcohol consumption), reflects an actual BAC of anywhere from .07 to .09. That’s a margin of error of 20-30 percent. Would this be considered a reasonable margin of error for an accountant, airline pilot, or bank teller? In court, guilt should be proved beyond a reasonable doubt.

And lastly, there is a myth that alcohol breath testers measure the concentration of alcohol in a person’s blood stream (blood alcohol concentration or BAC). The fact is, breathalyzer machines don’t actually measure BAC. This can only be done by analyzing a blood sample. Law enforcement agencies attempt to measure alcohol in the breath in order to estimate the concentration of alcohol in the blood. That’s why not all states permit the use of breathalyzers. Florida is not one of those states. In reality, alcohol breath testers detect any chemical compounds that contain the methyl group in its molecular structure. Unfortunately, there are thousands of such compounds. Many occur naturally in the human breath or are picked up from disease; inhaling fumes from gasoline, glue, paint remover, celluloid, cleaning fluids, and even “new car smell.”

Some breath analysis machines assume a hematocrit (cell volume of blood) of 47%, although hematocrit values range from 42 to 52% in men and from 37 to 42% in women. A person with a lower hematocrit will have a falsely high BAC reading. The breathalyzer machines appear to discriminate against female suspects.

[The information in this blog was gleaned from various sources, including Alcohol Problems and Solutions, by David J. Hanson, Ph.D.; Wikepedia; Merriam Webster; The Highway Safety Desk Book; Law Professor Lawrence Taylor, Esq.; and Professor of Physiology, Biophysics and Medicine, University of Washington, Dr. Michael Hlastala.]

The Mayo Clinic Health Letter explains that Diabetes is a group of diseases with one thing in common -- a problem with insulin. The problem could be that your body doesn’t make any insulin, it doesn’t make enough insulin, or it doesn’t use insulin properly. Over 16 million people in the United States suffer from Type 2 (adult-onset) diabetes and that number is growing rapidly.
Insulin is a hormone secreted by your pancreas. It’s a key part of the way your body processes the food you eat because it helps maintain the proper level of a sugar (glucose) in your blood. Glucose is your body’s fuel. Cells use it to produce energy to grow and function.
Diabetes can lead to serious problems such as blindness, impotence, loss of limbs, and death. Unfortunately, the incidence of diabetes is growing rapidly in the United States and a number of other countries.
Actually, it has been widely reported that drinking one or two alcoholic beverages per day is good for diabetics. On the other hand, it is not uncommon to see hypoglycemia and diabetes in connection with driving errors and accidents on today's roads, but even more frequently are unwarranted DUI and DWI arrests stemming from diabetic symptoms that mimic those of a drunk driver.
Hypoglycemia occurs in the human body where there are abnormally low levels of blood glucose (blood sugar), usually under 60 mg/dl. Diabetes occurs when the blood sugar level is greater than 120 mg/dl and there is a total absence of insulin. Insulin, regulated by your pancreas, is a necessary hormone needed for digestion and blood glucose balance. If you have a normal metabolism, your blood glucose level generally will be between 70 and 120 mg/dl.
Is all of this significant? Hypoglycemic or diabetic symptoms can sometimes be confused with those of someone who is under the influence of alcohol. Though most commonly experienced by a hypoglycemic or diabetic, these symptoms can also occur in non-diabetic individuals if they have not eaten within twenty-four hours or are on a low-carbohydrate diet. A diabetic undergoing a breathalyzer test can have a false assessment due to the chemical changes in their body.
When a diabetic experiences a hypoglycemic attack, their bodily symptoms may include anxiety, hunger, rapid heartbeat, nausea, sweating, and tremors. Symptoms that affect the central nervous system could include confusion, delayed reflexes, headache, light-headedness, loss of consciousness, seizures, and slurred speech. Unfortunately, most people who experience hypoglycemic episodes while driving are unaware of how serious their symptoms really are and are putting themselves in danger.
Four possible reasons why diabetic symptoms can be deceptive to police officers during a DUI investigation, causing them to believe a driver is intoxicated due to alcohol use are: (1) If a diabetic’s blood sugar rises to 250 mg/dl or more, their body is not able to utilize any carbohydrates for energy. Their body will begin to compensate and start to burn stored fat for energy, which produces ketones. This may cause drowsiness, thirst, lost of appetite, rapid heartbeat, labored breathing, and a flushed face (flushed face is a common sign that police officers look for when evaluating a subject). This phenomenon is called "diabetic ketoacidosis;"
(2) During a diabetic ketoacidosis state, ketones and acetones on the breath will cause a unique bad breath that is often confused with breath alcohol odor (another common DUI “symptom”);
(3) Presence of acetones on the breath is a common cause of an elevated or false breath test reading of blood alcohol level. A study conducted in 1988 found that acetone levels could produce a breath test result of .06%, just under the legal limit of .08%. (Mormann, Olsen, Sakshaug, and Morland; Measurement of Ethanol by Alkomat Breath Analyzer; Chemical Specificity and the Influence of Lung Function, Breath Technique and Environmental Temperature, 25 Blutalkohol 153); and
(4) As a final point, in any DUI case where the accused is a diabetic, any projection of the blood alcohol level backwards to the point of arrest may be unreliable, as insulin naturally increases the rate at which alcohol oxidizes, or burns off, within the body.

-William Ryan Moore, Esq.

Mom, Dad Accused Hours Apart Of DUI
Each Parent Had Child In Car

A married couple were arrested within hours, each on suspicion of drunken driving.

First the husband, then his wife were arrested.

Police in a Michigan town said they stopped the man and gave him a preliminary breath test after watching him allegedly run a red light.

Police said the test registered above the legal .08 drunken driving limit.

He had his 12-year-old son in the car with him, and police told the boy to call his mother to pick him up.

After she arrived, with her 9-year-old daughter in the car, police said, the woman was tested and also found to be legally drunk.

Both children were turned over to a relative until the parents were determined to be sober.

Isn’t it reasonable to think that one might not fully comprehend their level of impairment until getting behind the wheel of an automobile and staring on a trip? In a peculiar set of rulings throughout the country’s State courts, it can be said that we are presumed to know with specificity our blood alcohol level at all times. In fact, some courts have gone so far as to say that a Defendant in a DUI trial can testify to what his blood alcohol level was at the time of his arrest, despite his not being an expert. The State courts have quoted the use of alcohol impairment charts that are readily available and widely publicized to the public, coupled with their knowledge of precisely how many drinks that they consumed on the night in question. Quite frankly, I would be amazed if anybody on earth, with specificity, could state the alcohol content within their blood after having consumed any amount of alcohol. A diabetic, someone who had just consumed bread, worked around industrial compounds, or used mouthwash would have an equally difficult time, despite their having consumed no alcohol whatsoever.

With this in mind, it is not unreasonable to think that most people at some point might find themselves in a situation when they realize that their faculties are, in fact, impaired by alcohol after they have gotten behind the wheel and begun driving. This would be due to the scientific fact that alcohol, like all drugs, is absorbed by the body, and reaches a peak, and is then eliminated. Many drivers may have not been impaired when starting to travel, only having the alcohol “hit them” and subsequently render them impaired at the “peak period.” In any situation such as this, we would imagine that the responsible thing to do would be to pull over immediately and sleep it off. Do this in Florida and you might as well call the Sheriff’s office from your cell phone after pulling over and have them haul you to jail. Pulling over just about anywhere in this State, to sleep in your car will almost certainly result in an officer and/or paramedic tapping at your window. When officers see signs of impairment, a DUI investigation will ensue and an arrest will be made.

Mothers Against Drunk Driving and other powerful lobbyist groups who have made DUI the politically charged crime that it is, justify such arrests by claiming that either the person was impaired at some point while they were driving (such rationale completely disregards the scientific reality which is absorption and elimination of alcohol), and should be punished, or that while still impaired, a person might wake up at any time, drive and endanger other motorists. The argument makes sense, however, punishing people for what they might do is, at least at this moment unconstitutional, as it makes otherwise legal behavior criminal,. Nonetheless, to arrest and prosecute individuals for what they might do, the Florida courts have extended to the utmost degree the definition of “dominion and control” of an automobile.

Under Florida law, a person can be “operating” or “in physical control” of a vehicle if he is asleep, passed out, hunched over the wheel, or his or her keys are in their pocket. You might be surprised that there are some states in this country do not agree with Florida’s ruling and don’t criminalize such behavior. The statutes and case rulings of these other states will be of little solace, however, to the people who pulled over and did the right thing in Florida only to find themselves sitting in a jail. Traveling outside of Florida, be mindful that the law on this issue changes as you cross each state line. Variations that make “sleeping it off” criminal are: if the engine is on but the vehicle is parked; the engine is on but the vehicle is inoperable; the engine is off and the vehicle is parked; or, the engine is off and the vehicle is inoperable. Florida conforms to the toughest and most illogical standard which makes it a crime to be unconscious behind the wheel of a car on private property, without the engine running. This includes in a parking space, in a private development, in front of your own home.

Once again we see the effect of the politically charged crime of DUI as evolving a set of unconstitutional laws which are upheld and supported. The truth is that as a society we are making criminals out of people who were just trying to do the right

The following incident occurred in St. Petersburg, FL. Travis Merriex was dazed and disoriented from taking drugs last month when he got behind the wheel of a public bus, careened off Central Avenue and crashed into a shopping center, police said.
Six people were injured in the Sept. 12 crash after Merriex drove through trees and slammed into cars before finally ramming into a check-cashing business. One man broke his leg. Police arrested Merriex after receiving his blood test results, which showed he had Methadone, Alprazolam and Lorazepam in his system.
Merriex, 37, was arrested on a felony charge of driving under the influence in a serious bodily injury crash. He also was cited for careless driving. He was working at the time for the Pinellas Suncoast Transit Authority (PSTA).
Methadone can be prescribed as a painkiller. Alprazolam, which is commonly known as Xanax, is often used to treat anxiety disorders and can affect driving skills by causing drowsiness. Lorazepam is also used to treat anxiety, with drowsiness or dizziness as possible side effects. Merriex told police that he was taking the drugs to treat back pain from an earlier accident, according to a traffic homicide investigator.
While no law prohibits people from driving after taking medication, drivers can be charged with DUI if they are pulled over and show signs of impairment. Merriex was acting erratically before the crash; a bus camera showed that he slurred his speech, frantically looked around the bus and even rested his head on the steering wheel. He was acting irrationally. Merriex had been working for the PSTA for a year before the accident. He was fired Sept. 20.
PSTA spokesman Bob Lasher said Merriex had passed all of his drug screenings and had undergone an extensive criminal and driving history check before he was hired. The PSTA randomly tests all drivers after accidents, in addition to randomly testing 25 percent of its drivers every year. Merriex was screened after he was involved in a minor accident in August; he passed.
However, PSTA officials put Merriex on administrative leave for two weeks after the August accident. Merriex claimed his back had been injured in the accident, and the agency eventually learned that he had lied on his job application about a previous workers' compensation claim he had filed while working for the city of Tarpon Springs.
After multiple doctors dismissed his injury claims following the August accident, Merriex was allowed to drive a PSTA bus again. After his September crash, the PSTA fired Merriex upon learning he had told police that he was taking prescription drugs. Lasher said drivers are required to tell their supervisors if they are on any medication. Merriex did not disclose that.

-William Ryan Moore, Esq.

The constitutionality of automobile checkpoints has been challenged consistently since their implementation, yet upheld by the United States Supreme Court which has set a “so-called” stringent set of guidelines before they are considered free from violating our constitutional rights. Once such guideline is an officer’s inability to stop vehicles of his choosing and that he or she must briefly examine a driver for signs of intoxication. Where such signs are evident, the driver would be redirected to an area of low traffic for further sobriety testing. The detention of law-abiding drivers is supposed to be kept to an absolute minimum, thus allowing travelers to move along quickly.

It’s no wonder that I am not surprised by yet another news article on the subject of DUI checkpoints. The Sun-Sentinel’s October 11, 2007 edition describes how drastically the State’s use of DUI roadblocks contradicts the Supreme Court’s strict guidelines for setting up checkpoints. In the article entitled, Officers Defend DUI Checkpoints, But Say Other Strategies Are Also Needed, the Broward Sheriff’s Office deputies’ quotes were demeaned regarding such checkpoints: there were statements to the effect that such checkpoints are justified in that “regular sobriety checkpoints. . .catch drivers wanted in other crimes [and they also generate hundreds of traffic citations for violations such as unsafe equipment and driving without a license or registration.]” The article quoted a statement that “very few DUI arrests were made as a result of the efforts of some 50 officers,” however, praises the issuing of some “118 traffic citations and the arrest of eight people (only four on DUI charges).” Clearly, the area of law enforcement under the guise of catching drunk drivers, serves an entirely different and admitted purpose.

How this jibes with the Supreme Court’s balancing of the State’s interest in preventing drunk driving, to the extent the system can reasonably be said to advance that interest and the degree of intrusion, remains as an apparent contradiction. Keeping in mind that the constitutionality of automobile checkpoints requires safety mechanisms to be in place such as written guidelines, notice to drivers, publication, proper lighting, proper police uniforms, and a methodical stopping system to avoid profiling, one can easily become offended, I should say, from an officer’s bragging to justify the ineffectiveness of such roadblocks other than the other amount of traffic citations written. Nowhere in the justification of automobile checkpoints on a constitutional level is it argued that the State has a vested interest in enforcing tail light violations.

News articles quoting the officers that conduct automobile checkpoints as stating that they are justified due to the high number of “tickets” that they yield, serves only to bring to light the criminal justice system’s talking out of both sides of its mouth. On the one side the State argues a strong vested interest in deterring drunk drivers through the use of sobriety checkpoints to the Supreme Court, on the other side, law enforcement officers admit that as a whole, they are entirely ineffective, but are otherwise great for generating revenue.

Understanding that the crime of DUI is a politically charged crime since the inception of Mother’s of Drunk Drivers and powerful lobbyist groups, we can comprehend that the prosecution all the way down to the “special conditions that are mandatory for each DUI conviction” are fueled entirely by money. As a result we see the continuous growth of the “DUI machine” which feeds off of itself and grows and increases with size and power by the passing of every new law that further impedes a citizen’s constitutional rights and lines the pocketbooks of both the State and privately owned rehabilitation centers, DUI schools, immobilization companies, Intoxilyzer manufacturers, ignition interlock providers and MADD scared straight programs.

In 2005, a news station in Sacramento CA., conducted an independent investigation in an effort to uncover what Broward County officers readily admit to the media today. Its undercover investigation determined that DUI grant money that was being used specifically to conduct sobriety checkpoints was motivated by the enforcement of other laws separate and apart from driving under the influence. KCRA investigators determined that said money was a “fraudulent use of resources.” According to State Senator Gilbert Cedillo, the news station also found that DUI checkpoints were becoming so large in scale that they involved dozens of officers cracking down on everything from felonies to driving without a license. Considering the steps taken to uncover things readily admitted in the latest article on the subject in Broward County, the trend toward accepting the erosion of our constitutional rights through the gateway crime, which is DUI, has only been exemplified.

Additionally, it is clear that the increasing number of required officers, i.e., 50 Broward County officers compared to a dozen or so Sacramento officers, is also readily accepted by the public in under two years.

-William Ryan Moore, Esq.