December 27, 2008

Fort Lauderdale DUI Attorney: Florida, U.S. DUI Laws Less Restrictive than Other Countries

In Florida and all 49 other states, a driver is presumed to be intoxicated if his blood alcohol level exceeds 0.08 percent. Prior to a nationwide Mothers Against Drunk Driving campaign, the level in most states was 0.1. Fort Lauderdale DUI lawyer William Moore believes the lower level and increased DUI enforcement has resulted in more arrests of female drivers. To give some perspective, the average 160 pound man would have a 0.07 blood alcohol content after consuming four 12-ounce beers in an hour at a Fort Lauderdale bar, although that figure varies significantly from person to person. If the same man had four margaritas during the same period, he would be at approximately 0.11, well over the limit. Four glasses of celebratory New Year’s champagne at a Miami party would put the same man at about 0.09. It is important to remember, however, that alcohol continues absorbing in the bloodstream even after you have stopped drinking. For that reason, you could blow a 0.09 breathalyzer reading when a Fort Lauderdale police officer pulls you over on the way home, although you were only at a 0.07 when you left the bar.

Florida DUI laws can result in harsh punishment, including jail time. Anyone arrested for DUI in the West Palm Beach/Fort Lauderdale/Miami-Dade area should contact a Broward DUI lawyer immediately. Despite the stringent Florida sentencing policies, the 0.08 limit would be considered very lenient in most other parts of the world.

In Hong Kong, for instance, driving over the 0.05 percent blood alcohol limit can result in fines and in extreme cases, imprisonment for three years. In Pakistan, Nepal, Laos, Vietnam, as wells as many nations in Eastern Europe and the Middle East, the legal limit is zero. Drivers are not allowed to be under the influence of any alcohol whatsoever. In other European nations, the limit varies from a low of zero up to 0.08 in just a few countries, but is between 0.02 and 0.05 in most countries. The average 160 pound man would have a blood alcohol content of approximately 0.02 percent after consuming two 12-ounce beers in one hour.

In addition to lower limits, punishment is often more severe in other parts of the world. For instance, the Swedes punish DUI of above 0.02 percent with imprisonment of up to six months; a BAC of 0.10 percent – the legal limit in the United States until relatively recently – is punishable by up to two years behind bars. A number of European countries impose lower limits for young drivers or those who drive professionally.

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December 16, 2008

Broward DUI Attorney: Plea Bargaining

Fort Lauderdale DUI lawyer William Moore is extremely familiar with the plea bargaining process, which is shrouded in mystery for most lay people. The vast majority of criminal cases in Broward County do not go to trial. In some instances, the charges are dismissed. Most of the time, however, the prosecutor and the criminal defense attorney on the case negotiate until they reach an agreement that is as favorable as possible to both sides – a plea bargain.

Plea bargaining for DUI and other offenses in Broward County can take many forms. Your Broward DUI lawyer might persuade the state attorney to file reduced charges. For instance, you might agree to plead guilty to reckless driving instead of DUI. Your attorney could also bargain for fewer counts in return for a plea bargain on one of them. The form of plea bargaining that the public is probably most familiar with is for sentencing. In these cases, your attorney negotiates your sentence down with the prosecutor. In exchange for a guilty plea, you can agree to an acceptable sentence. For example, you might agree to a plea bargain if the prosecution has a very strong DUI case and, if you go to trial and are found guilty, it will be your third DUI conviction. A skilled Fort Lauderdale DUI attorney might negotiate a plea deal with the prosecutor in order to avoid jail time.

One study estimated that approximately 95 percent of felony cases in the United States end in plea bargains. Fewer and fewer cases go to trial, in part due to the increasingly full calendars of judges. Likewise, state attorneys often have full caseloads, a factor which makes resolution by plea bargain an attractive option from their point of view. A plea bargain is often most advantageous when the state has a strong case against the defendant (person charged with the DUI or other crime) and the sentence for that crime may be severe. The risk and uncertainty of going to trial may seem too great.

Critics of the high percentage Broward plea bargains include some DUI attorneys. There is always the problem that some innocent people might elect a plea bargain to avoid a trial outcome that is even more negative. For instance, an innocent person might accept a plea bargain to avoid any jail time, despite the fact that the plea would mar her criminal record. The weaker the state’s case is – and the less evidence it has – the more likely it is that the prosecutor will offer the innocent person an attractive deal. Rather than face the risk of a jury trial, she may well opt for a good deal from the prosecutor – or at least what would have been a good deal, if she had been guilty. Another problem is that there appears to be a racial divide in Florida in terms of which defendants are offered plea deals by prosecutors.

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September 29, 2008

Florida Man Sentenced to 25 Years for DUI

PALM BEACH, FLORIDA – According to The South Florida Sun-Sentinel, a Palm Beach Circuit judge sentenced a 21-year-old male to 25 years in prison for DUI manslaughter and failing to render aid. Bendy Sainthilaire was sentenced for the 2005 death of Terry “TJ” Brown, 28.

The DUI accident occurred on December 18, 2005, when Brown was riding his bike along North Federal Highway in Boca Raton. He was headed to work as a chef at the Boca Raton Resort & Club. Sainthilaire was 18 at the time of the incident and reportedly had been out all night drinking.

Sainthilaire’s Ford Explorer was stopped by a Broward Sheriff’s Office deputy near Hillsboro Beach after the deputy noticed a bike lodged in the grill of the SUV. The defendant testified that another man had been driving at the time of the crash but had forced Sainthilaire, at gunpoint, into the driver’s seat.

Sainthilaire said he made a mistake by drinking and driving, but under questioning by prosecutors, he denied that he was the driver. He was sentenced to 25 years in prison.

DUI death brings 25 years, The South Florida Sun-Sentinel, September 20, 2008

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May 6, 2008

MOTHER’S AGAINST DRUNK DRIVING SEEK TO ADD TO THE ALREADY LONG LIST OF MINIMUM MANDATORY SENTENCES FOR FIRST TIME OFFENDERS.

Individuals convicted for their first DUI offense are required, at a minimum, to serve six months probation, pay a $250 fine plus court costs, attend a Level I DUI class, and have their vehicle immobilized for ten days. In many cases, those convicted must also follow-up with treatment for alcohol dependency. As if that weren’t enough, MADD is now seeking for legislation that would require a first time offender to have what is known as an ignition-interlock device placed in their automobile. Currently, interlock devices are only used for repeat offenders and have been criticized for routinely malfunctioning and being an overwhelming embarrassment to those forced to utilize them. Interlock devices require the driver to blow into a machine before their automobile will operate. These devices must be leased by a private outside agency at a cost to the offender. The current state of DUI minimum mandatories absent this new requirement, places driving under the influence penalties at the top of the list for being the most numerous as compared to other offenses. The overwhelming amount of penalties imposed on an individual convicted for this offense has the effect of forcing people to take cases to trial that they would otherwise admit guilt to had penalties been reasonable. Such increased legislation has the effect of not only taxing our criminal justice system but effectively over-penalizes some individuals who simply made a mistake and are otherwise law-abiding citizens.