DUI Category Archives — Florida Criminal Attorney Blog Published by FL Crime Lawyer Whittel & Melton — State - Federal Criminal Investigation Lawyers Robert Whittel and Jason Melton

Published on: November 28, 2023

WWE Hall of Fame Star Tammy ‘Sunny’ Sytch Sentenced to 17 Years for Florida Deadly DUI Crash | Florida DUI Defense Lawyers Whittel & Melton

by Whittel & Melton, LLC

According to Florida officials, former professional wrestler Tammy “Sunny” Sytch, whose blood alcohol content was four times over the legal limit, killed a 75-year-old man after she crashed her car into his while intoxicated in March of 2022.

Sytch received a sentence of more than 17 years in jail Monday.

In August, Sytch—who was inducted into the WWE Hall of Fame in 2011—pleaded not guilty to accusations of driving while intoxicated, homicide, and other offenses. When she was arrested in Volusia County in March 2022, investigators alleged she had marijuana in her system and an open bottle of vodka in her car.

Monday’s sentencing hearing had her facing a maximum sentence of over 25 years in jail. Sytch expressed sadness and guilt for killing the 75-year-old Daytona Beach resident throughout the hearing, according to reports.

Sytch, 50, had her driver’s license revoked after being arrested several times in Pennsylvania for driving under the influence. She did not have a valid driver’s license issued in Florida.

A person who has been charged with a DUI more than once is said to have multiple DUIs. In Florida, a DUI allegation that is your third or subsequent offense could be prosecuted as a third-degree felony. A third-degree felony carries harsher penalties, such as lengthier jail or prison terms, high fines, and, in the event of a fourth offense, an indefinite license suspension. In addition, you can be mandated to participate in community service, attend drug rehab, and have an interlock device installed in your car if this is your third or fourth conviction.

The severity of the sanctions may escalate if you were a part of an accident that caused fatalities or major injuries, as this case shows.

What is a Look-Back Period?

The amount of time an offense sits on your record influences what past offenses can be considered if you are convicted of drunk driving again. A judge may conclude that you are a high-risk driver and are more likely to struggle with alcohol abuse if you have a second or subsequent DUI offense within the look-back period.

Florida’s look-back period for DUI convictions is five years. This means that prior DUI convictions that are more than five years old are not considered for penalties. However, they may still affect the decision on license suspension.

The look-back period allows courts to consider previous DUI convictions. A driver’s prior violations may determine whether the DUI will be punished as a second offense, third offense, a fourth offense, and so on.

If you are found guilty of numerous DUIs during the look-back period, you may face severe consequences such as jail time, a longer license suspension, the usage of an ignition interlock device for a longer period, alcohol treatment classes or programs, felony convictions, and possibly the permanent loss of your driver’s license.

Florida’s look-back period is considered generous. Other states have instated a 10-year look-back period or consider the lifetime driving record of the accused. It is also of importance to note that a DUI conviction in Florida can remain on your driving record for 75 years. Continue reading

Published on: November 23, 2022

Steer Clear of a DUI Tragedy Thanksgiving 2022 | Florida DUI Defense Lawyers Whittel & Melton

by Whittel & Melton, LLC

This Thanksgiving holiday, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and our Florida DUI Defense Lawyers at Whittel & Melton want to remind you to stay safe on the roads. Whether you are travelling a long distance to a relative or friend’s house for a Thanksgiving feast, driving home from college to be with your parents and siblings, or just heading down the street to see local friends and family, we want to remind you that Buzzed Driving Is Drunk Driving, regardless of whether it is during a holiday or any other day.

Thanksgiving Sobering Statistics

In 2020, 185 fatalities occurred from drunk driving over the Thanksgiving holiday period (Wednesday, November 25 – Monday, November 30).
From 2016-2020, 821 people were killed in alcohol-related car crashes during the Thanksgiving holiday period (Wednesday before Thanksgiving-Monday after Thanksgiving).
During the 2020 Thanksgiving holiday period, male drivers were found more likely to be involved in DUI-related car accidents than females – males accounted for more than three-quarters of Thanksgiving DUI car accidents. During this same period, more than four times as many drivers involved in DUI car crashes were impaired at nighttime as opposed to daytime.

Celebrate Turkey Day with a Plan

It is always a good idea to plan if you know you are going to have a few drinks. Celebrating responsibly does not have to be hard – make sure you know where you are going and have a safe ride home. If you are going to be the designated driver for your group, then take your role seriously and do not consume any alcohol, not even one drink.

Here are a few more reminders to keep your Thanksgiving holiday period, including “Blackout Wednesday,” a safe and happy time.

It is never OK to drink and drive. Even if you have had just one alcoholic beverage, get a sober ride home. You can call a taxi, use a rideshare service like Uber or Lyft, or have a sober friend or family member drive you home. AAA will also bring their Tow-To-Go service for the 2022 Thanksgiving Holiday weekend. Starting Wednesday November 23 at 6pm-6am Monday morning, members and non-members can call the AAA Tow-To-Go number 855-2-TOW-2-GO, or 855-286-9246 and get a tow truck to take the impaired driver and their vehicle home or to a safe location (must be within a 10-mile radius of where they were picked up.)
If you see a drunk driver on the road, then you should call 911 immediately.
If you have a friend or relative that is about to drink and drive, then take their keys away and help make the necessary arrangements to get them home safe or create a space for them to sleep it off until they can safely drive home.
Lastly, always remember that buzzed driving is drunk driving.

What To Do if You or a Loved One is Harmed in a DUI Accident this Thanksgiving

If the worst happens during the 2022 Thanksgiving holiday period, and you are involved in a drunk driving crash, then our Florida DUI Injury Lawyers at Whittel & Melton will be available 24/7 to help aide in your best interests. You deserve financial compensation for your injuries, lost time from work, pain, and suffering. After you or a loved one has been harmed in a DUI crash, you should not have to worry about keeping up with medical bills and making sure your family is taken care of. It does not matter if you were injured in a car accident, motorcycle accident, or truck accident – we can help get you the compensation you deserve. You can call us statewide at 866-608-5529 or contact us online to request a free consultation. Continue reading

Published on: August 23, 2022

Miami Police Officer Arrested in Patrol Car for DUI and Possession of Drugs | Downtown Miami Brickell DUI Defense Lawyers Whittel & Melton

by Whittel & Melton, LLC

A 32-year-old Miami police officer who was allegedly under surveillance by internal affairs detectives was also arrested early Sunday for driving under the influence of alcohol and possession of cocaine.

The man was arrested in Miami’s Brickell district after he attempted to drive away in his patrol car after drinking outside the D-Dog House restaurant.

The man remained at the Turner Guilford Knight Correctional Center on Sunday afternoon.

The man’s arrest report states that anti-corruption investigators were watching the man as he drove his patrol car, parked, and then proceeded to go inside the restaurant.

He was apparently under surveillance over an “ongoing administrative case,” but no more details are available on that subject matter.

The report goes on to say that the detectives watched him hanging out with a group of men and consuming several drinks. He was stopped from driving his patrol car after he was allegedly seen swaying and swaggering as he approached his car. The report also alleges that his eyes were bloodshot and he smelled of alcohol.

Detectives claim that he dropped two clear plastic baggies containing a white powdery substance that they believe to be cocaine from his right pocket at the time he was detained.

He allegedly failed a roadside sobriety test and apparently submitted to a breath test that revealed his blood-alcohol content level was 0.34. The legal limit is 0.08.

If your blood-alcohol concentration (BAC) is 0.08 or higher and you are stopped for suspicion of DUI by police, then you will likely be asked to submit to a field sobriety test. You will also be asked to show your driver’s license, insurance card, and vehicle registration. While you are under no obligation to submit to a field sobriety test or any chemical testing, refusing will lead to your driver’s license being automatically be suspended. Our Miami DUI Defense Lawyers at Whittel & Melton can represent you at all administrative hearings for your loss of driving privileges as well as serve as your legal counsel for all criminal proceedings.

Field sobriety tests are designed to use simple physical and cognitive skills to assess whether a person has been drinking and driving. While the tests are designed to be accurate by the National Highway Traffic and Safety Administration, our legal team at Whittel & Melton are aware that these tests are not always a correct judgement on one’s ability to operate a motor vehicle. If you have been arrested on suspicion of drinking and driving while under the influence of alcohol, then you need to enlist the help of our former Miami-Dade state prosecutors immediately. Continue reading

Published on: July 8, 2021

I Was Arrested While On Vacation in Florida…What Do I Do Now?

by Whittel & Melton, LLC

The state of Florida sees millions of tourists every year to have a relaxing vacation at the beach, a wild spring break trip for college students, or maybe even a fun bachelor/bachelorette party weekend. While having some fun in the sun is a great idea, things can turn sour quickly when travelers are arrested while vacationing. Whether you are facing a DUI, drug charges, solicitation, assault and battery, shoplifting, or any other criminal charges, our Florida Criminal Defense Attorneys at Whittel & Melton are here to offer our help.

Dealing with an Out of State Arrest

So what do you do now if you have been arrested while vacationing in Florida, but live somewhere else? Don’t be fooled into thinking that just because you do not live in the state of Florida that if you leave and never come back that your arrest won’t follow you. If you ignore the charges against you then this could result in a warrant for your arrest in the state where you live. The best way to handle any criminal charges is to hire a local lawyer in the state where you were arrested who can assist with your legal matter.

At Whittel & Melton, we know that dealing with an out of state arrest can be cumbersome. Traveling back and forth, spending money on gas or plane tickets and hotels, and missing time from work is not ideal, but it may be necessary depending on your situation. We may be able to keep you from having to come back and make an appearance in court or we can work with the prosecutors involved to only have you travel back for the most important dates. In most cases, we often find that we can make an appearance on your behalf so that you can save yourself a trip.

In the event that you are facing more serious charges and will have to show up for trial, you need to make sure that you have the best legal defense possible so that you can benefit from a possible plea deal, which may result in more serious charges being reduced in exchange for your guilty plea on a lesser charge. While pleading guilty to any crime may not sound appealing to you, sometimes doing so can make your life easier and keep you from traveling back and forth. This can also spare you the consequences of a conviction if things don’t go as planned in trial. We will do everything we can to have the charges against you dropped whenever possible, but in cases where the evidence is overwhelming this just may not be an option.

We will always review any evidence against you in order to determine what is in your best interests. If a plea deal is not something we think is of benefit to you, then we are trial lawyers that can fight for you in the courtroom in order to achieve the best possible results for your charges.

The following are the common cases where our Florida Criminal Defense Attorneys at Whittel & Melton can appear on your behalf:

If you are facing misdemeanor charges – When you are charged with a misdemeanor in Florida, you may be issued a Promise to Appear (PTA). This can provide you with the option to waive your presence in court and allow an attorney who is representing you to appear on your behalf. This will also allow your lawyer to accept a plea deal on your behalf.
If your charges qualify for Pretrial Diversion (PTD) – If you are facing felony charges, but the offense in question qualifies for PTD, then you may be able to waive your presence for certain court appearances.

Keep in mind that if you are arrested for a DUI while vacationing in Florida, then you will need to appear in court under the Interstate Drivers License Compact. Failing to appear will result in your driver’s license privileges being suspended and a warrant for your arrest may be issued. Your attorney will advise you on how to proceed after a DUI arrest and what you must do to avoid further consequences. Continue reading

Published on: January 11, 2021

Broward County Deputy and 4 Others Arrested in Palm Beach County for DUI | Palm Beach County DUI Defense Lawyers Whittel & Melton

by Whittel & Melton, LLC

A Broward Sheriff’s Office Deputy was arrested for DUI just before Christmas 2020 by the Palm Beach County Sheriff’s Office. His 4 door silver 2014 BMW was stopped in Delray Beach after the vehicle was apparently involved in an accident that involved property damage.

The BSO Deputy was booked into the Palm Beach County Jail at 1:03 a.m. and released just two hours later, at 2:42 a.m., according to jail records.

While the deputy’s case was the most high profile, several others were arrested around the same time just before the holidays when DUI arrests started to stack up. In fact, for 2020, PBSO and Delray Beach Police reported much higher rates than normal.

Two women were arrested for DUI on separate occasions around the same time as the deputy. Two other men were arrested on DUI charges in separate incidents as well.

It is important to be clear that DUI arrests are only accusations and does not mean any of these people arrested are actually guilty of driving under the influence of alcohol or drugs. Innocence or guilt can only be determined in a court of law.

At the start of 2020, when the COVID-19 pandemic first came to the attention of the U.S., police reported DUI arrests were down. However, as the state of Florida opened up and the holiday season came into full swing, DUI arrests started creeping back up. More people gathering together and the work season slowing down for some, means more time to spend enjoying the company of others often makes people drink a little more than they usually do. While consuming more alcohol than normal is not necessarily a bad thing, it can be if you choose to get behind the wheel of a car.

Getting arrested for a DUI anytime of the year can put you in a sour mood. Not to mention the costs associated with an arrest. A first-time DUI in Florida can set you back $1,000 in fines alone, this does not cover other court costs, probation fees or attorney fees. You could also have your driver’s license suspended anywhere from 6 months up to a year. You could be looking at around $3,500 for a misdemeanor first-time DUI.

If this is not your first DUI arrest, the costs only go up. A second DUI offense can result in fines of $2,000 and a third or subsequent DUI arrests will be an automatic felony and fines of around $5,000. A judge could also order that an ignition interlock device (IID) or breathalyzer be installed in your car. These machines only allow your car to start if you blow a .0%. They will also require you to breathe into the machine at random times while the vehicle is in motion. These devices are not cheap to have; installation can cost around $150 and the monthly lease and calibration can cost you around $100. Depending on your situation, you may have to have an IID in your car for six months or years.

Regardless of who you are, it is very important to remember that drinking and driving or operating a car under the influence of drugs of any kind, including prescriptions, is always a bad idea. If you have any alcohol in your system when driving and make any type of error, you can be arrested and charged with DUI even if your blood alcohol concentration is under the legal limit of 0.08%. Continue reading

Published on: May 15, 2017

Drunk Driver Hits 5 Students At Florida School Bus Stop – 1 Killed

by Whittel & Melton, LLC

A suspected drunken driver hit five middle school students as they walked home from the bus stop last month. One student later died of his injuries.

A witness at the scene pointed out the car that had allegedly just crashed into the children.

The black vehicle had hit another car about 4,000 feet (1,219.2 meters) down the road. The driver then stumbled out of the vehicle. A woman who was four months pregnant was injured in that crash, according to authorities.

The 48-year-old was arrested. He is apparently a former police officer.

Officials said a 13-year-old died of his injuries at an Orlando hospital. Another child was in intensive care with orbital fractures. Three other children suffered minor injuries.

The man arrested has made his first appearance in court. He faces 11 charges, including DUI manslaughter and vehicular homicide. He was being held on $600,000 bail.

Regardless of the situation, a car accident that results in a death is always traumatic. Adding a DUI charge to this just exacerbates the situation. DUI manslaughter charges can be confusing, which is why you need to get legal help right away. It is imperative that you understand the charges you are facing, what the consequences are, and what defense options are available to you.

Yes, a DUI manslaughter conviction can result in severe penalties. However, please understand that there are ways to defend yourself. Knowing your defense options are crucial. If you or a loved one is facing a DUI manslaughter charge in Polk County, you need to consult with a Polk County Criminal Defense Lawyer at Whittel & Melton as soon as possible. We are former prosecutors so we are armed with the knowledge and experience you need to achieve a successful outcome from DUI manslaughter charges.

Published on: September 21, 2016

Jacksonville Man Faces 25 Years In Prison In Fatal New Year’s Day 2013 Crash

by Whittel & Melton, LLC

A man arrested after a fatal crash New Year’s Day in 2013, which killed one passenger and seriously injured two others, was found guilty Tuesday of multiple charges.

The 23-year-old man was found guilty of DUI manslaughter and two counts of driving under the influence with serious bodily injury.

The man was driving down Beach Boulevard with three other people in the vehicle after leaving a New Year’s Eve party when he lost control of the vehicle while attempting to make a right turn.

He struck a metal pole, which fatally injured a 20-year-old passenger. The other two passengers suffered serious injuries, but recovered. The investigation revealed that the man was intoxicated, with a blood alcohol level of .178.

He faces up to 25 years in prison. He will be sentenced the week of Oct. 31.

No matter what the situation, a car accident that results in a death is always a tragedy. Adding a DUI charge to this just makes the situation that much worse. Knowing what to do after you have been charged with DUI manslaughter can be confusing if you do not seek the legal help you need. It is crucial that you understand the charges you are up against, the potential consequences, and your viable defenses.

Published on: September 9, 2016

Teen Charged In Fatal Crash in Winter Springs

by Whittel & Melton, LLC

A 16-year-old Winter Springs teen was arrested Thursday on charges of DUI manslaughter and vehicular homicide in a crash that claimed the life of an 18-year-old friend, according to Winter Springs police.

The teen was driving east on Shepard Road near Lisa Loop about 4:45 a.m. Aug. 27 when he lost control of the car, which left the road and hit a tree.

The passenger, died.

The teen allegedly had bloodshot eyes and slurred speech. The teen’s blood-alcohol content was apparently over the legal limit for Florida drivers.

It should also be noted that people younger than 21 cannot legally consume alcohol.

The teen was going at least 75 mph in a 25 mph zone.

The teen was booked into the Seminole County Juvenile Assessment Center on Thursday afternoon.

There are defenses in DUI manslaughter cases, which our Seminole County Criminal Defense Lawyers at Whittel & Melton can use. Even if the evidence stacked against you seems overwhelming, there are certain circumstances that could lead to such evidence being thrown out of court.

Being charged with DUI manslaughter is a very serious offense that will forever impact your life if convicted. Florida is one of those states that imposes strict DUI laws to deter drivers from driving drunk, and these penalties are enhanced on a regular basis.

Published on: May 5, 2016

Orlando Officer Charged With DUI, Hit & Run In Manatee County

by Whittel & Melton, LLC

According to the Florida Highway Patrol, an officer with the Orlando Police Department was arrested this past weekend in Manatee County for DUI and hit-and-run.

FHP claims that on Saturday, troopers investigated a hit-and-run accident involving two unattended parked cars at 7085 46th Ave. W. in Bradenton.

Reports indicate that the cop was stopped in the area after a Manatee County deputy observed him swerving on the roadway. Troopers said he was off-duty and driving his personal vehicle.

During the investigation, troopers allege they were able to link the DUI and hit-and-run to the police officer.

He was arrested and charged with DUI and hit-and-run.

The Orlando Police Department said the man has been with the force since 2012 and is assigned to the midnight patrol. Reports indicate that the man has been relieved of his law enforcement duties, credentials and firearms pending an internal investigation.

Anyone can be charged with DUI, as this case shows. Your actions following a DUI arrest are critical to the outcome of your case, and it is very important to obtain legal help as soon as possible. There are various defenses available for a DUI charge, and if used successfully, these defenses could lead to a reduction or even dismissal of charges.

While there are numerous defenses available, two that are often brought up involve the reason behind the stop and the method used to test the driver’s BAC. In order for a DUI stop to be legal, police must must have a legal reason to make a stop before administering tests to determine the driver’s BAC levels. If the officer cannot provide a reason for stopping the driver, the stop itself may be illegal and the charges could very well be dismissed.

If the stop is legal, then it is very important to assess the process that was used to determine the driver’s BAC. It must be evaluated that the right method was used and that the sample was analyzed properly.

Published on: November 25, 2015

Avoid a DUI & Criminal Penalties Thanksgiving Weekend

by Whittel & Melton, LLC

Thanksgiving is a time of year when families get together to celebrate memories and honor traditions. However, this is also the time of year when law enforcement agencies gear up to catch drunk drivers on our roadways.

Most law enforcement agencies, receive federal grants to increase their staffing levels during the holiday season, which typically begins with the four-day Thanksgiving weekend and continues to New Year’s Day. Arrests for DUI are highest during this time period.

The following are a few tips that may prove helpful to avoid a Thanksgiving DUI:

Do not drink and drive. If you have been drinking, call a cab, a friend or use a ride share app like Uber or Lyft to get home safe. If you know you will be drinking, designate a sober driver to take you home.
If you are pulled over, do not talk to law enforcement about where you were or what you were doing. Remember, you have the right to remain silent until you have your lawyer present.
If you are involved in an accident, stop immediately and remain at the scene. Do not admit to anything and request to speak with a lawyer as soon as possible.
Do not fall asleep inside your vehicle. You could get arrested if the officer observes that you have the keys in the ignition or if the engine is running.
Drive cautiously. Police will be closely monitoring motorists for any mistakes they make. In particular, they will be on the lookout for motorists who may be driving too fast or too slow, or running red lights or failing to stop at stop signs.