DUI Category Archives — Page 2 of 4 — Florida Criminal Attorney Blog Published by FL Crime Lawyer Whittel & Melton — State - Federal Criminal Investigation Lawyers Robert Whittel and Jason Melton

Published on: January 29, 2015

Avoid a Criminal Arrest During Gasparilla Pirate Fest

by Whittel & Melton, LLC

This Saturday, Tampa Bay will be celebrating the 2014 Gasparilla Pirate Fest. This day-long celebration welcomes the public to partake in a spectacular parade and festival inspired by Jose Gaspar. This annual festival accommodates more than 300,000 people every year, which results in large crowds of rowdy and excited guests.

While a fun time, it is important to remember that as with most things, larger crowds usually means more arrests for various violations. Reports from earlier Gasparilla Parades recount numerous arrests for open container violations, as well as various citations for civil infractions. Arrests for alcohol-related criminal offenses are also very high this weekend, particularly for disorderly conduct, DUI, Boating Under the Influence and underage drinking.

During this Gasparilla weekend, it is very important to practice safety in order to avoid a potential arrest. It can be quite helpful to prepare your agenda for the day ahead of time and make all necessary arrangements to get home safely at the end of the night. You can protect yourself as well as the safety of others by following the guidelines provided by the City of Tampa.

Plan your day in Advance. Save time by planning where you will park and familiarize yourself will the street closures so that you can map your route there accordingly.
Pick a meeting place for friends and family. By selecting a spot ahead of time, you and the rest of your party can know where to go in the event you get separated.
Know the “Wet Zones.” The parade route does allow participants to drink alcohol openly, but only from select vendors selling along the route. Keep in mind that no coolers, kegs or open containers are allowed elsewhere on the streets. Police are stressing that no glass containers of any kind are permitted.

Published on: December 30, 2014

Tips for Avoiding a DUI this New Year’s Eve

by Whittel & Melton, LLC

You want to avoid getting arrested for DUI in Florida on New Year’s Eve and “becoming a statistic.” New Year’s Eve is a holiday that it is both cause for celebrating and relaxing. After the stress of getting ready for Christmas, people usually take this time to enjoy the end of the holiday season and contemplate their goals for the new year. However, because this is the last holiday of the year, there tends to be an increased number of people who drive under the influence of alcohol or drugs. Listed below are several tips to help drivers avoid a DUI this New Year’s Eve.

Limit Drinks

If you are at a party that has an open bar, and you know you are driving, know exactly how many drinks you are having so that you can watch your personal limit. Remember that once you start drinking it can be difficult to stop yourself from having too many. Be mindful of the exact amount you have had to drink.

Call a Cab or Uber or Lyft

Public transportation can save many people from DUI-related accidents and arrests. Save the number of a local cab company in your phone, use a ride share app on your phone or attend parties or social gatherings close to a bus route.

Don’t Go Solo

Don’t go to a party or social gathering by yourself. Bring along at least one other friend and make sure to determine who the designated driver is for the entire group before any alcohol is consumed.

Eat!

While many people have New Year’s resolutions about weight loss, New Year’s Eve is one of those nights where you should eat. Food fills the stomach, making less room for alcohol. Try to snack on foods like meats or dark chocolate, which are known to keep you fuller longer.

Offer Alternative Drinks

If you are hosting a party, include “mocktails,” sodas, punch, or even just water on your drink menu.

Make Accommodations for Guests

If you know your guests have a far trip ahead of them, arrange for them to stay with you or at a nearby hotel. That way, no one drives home drunk.

Leave the Party Early

New Year’s Eve is one of the busiest nights of the year. You can expect delays for taxis and other modes of public transportation, so be prepared. Leaving your party or social gathering early can also ensure that you get home safely and at a reasonable hour.

Published on: October 30, 2014

Halloween 2014: Buzzed Driving is Drunk Driving

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration is urging all party-goers to recognize that Buzzed Driving is Drunk Driving this Halloween. As with all other holiday weekends, Halloween can bring about an increase in parties and celebrations in Florida and across the United States. Sadly, this also means that there will be an increase in drunk driving related injuries and deaths. Because of this, law enforcement officials are expected to be out in full force on Halloween night all across the state of Florida.

If you plan on drinking this Halloween, make sure to designate a sober driver before hitting the town. Consuming even just “a few” drinks could still place you over the legal limit. You do not want to place innocent trick-or-treaters and other roadway users in danger. Avoid drinking and driving entirely. Police will be ready to pounce if they believe they spot a drunk or buzzed driver, so save yourself the terrifying ride to jail and the horrifying costumed mug shot as well.

Halloween Drunk Driving Facts

Nearly half of all car crash fatalities on Halloween night involved a drunk driver in 2012.
In 2012, 26 people were killed in car accidents involving drunk drivers on Halloween night.
In 2012, 10,322 people were killed in drunk driving crashes across the nation, accounting for a third of all traffic crash fatalities for the year.
Young drivers between the ages of 21 and 34 years old make up the largest group of drunk drivers involved in fatal collisions.
In 2012, 18 percent of all drivers under the age of 21 involved in fatal crashes were impaired.

The best way to make sure your Halloween is happy and safe is to be smart and stay sober if you plan on driving. Just one drink can be one too many – buzzed driving is still drunk driving. If you plan on consuming any amount of alcohol, make sure you have a safe ride home lined up. Pre-program a cab company’s number into your phone or make plans with a designated driver.

Published on: August 20, 2014

Chris Kattan Gets Probation for Drugged-Driving DUI

by Whittel & Melton, LLC

Former Saturday Night Live funnyman Chris Kattan received his sentence six months after he was arrested on suspicion of a DUI.

The 43-year-old comedian is required to pay a $500 fine, attend a three-month alcohol program, 104 Narcotics Anonymous classes, and will be on probation for the next three years, according to reports. Moreover, he is banned from driving with any drugs in his system, unless he has a valid prescription, and has been ordered to participate in the Hospital and Morgue Program, which is designed to show people the potential tragic consequences of their reckless behavior.

The Night at the Roxbury star was arrested in mid-February early in the morning after he crashed his Mercedes into a Department of Transportation vehicle that was parked on the side of a Los Angeles freeway doing maintenance work. While no one was injured in the accident, Kattan did fail a field sobriety test and was arrested and booked into the Van Nuys jail. He was released a short time later on a $15,000 bond.

Since receiving his sentence, Kattan has not commented on the incident.

The case is not completely settled just yet. Next month, a restitution hearing will be held to determine how much money Kattan owes the state for damage to the truck he hit.

DUI charges for driving under the influence of drugs are usually treated just the same as DUI charges stemming from alcohol use. There is one difference between the two, which is how police measure impairment. For an alcohol-related DUI, police usually measure a driver’s blood alcohol concentration using a Breathalyzer device or blood test and then compare the results to the legal limit, 0.08 percent. For a drug-related DUI, the methods law enforcement uses to determine impairment is much more subjective.

Police commonly rely on observations made during field sobriety tests, which allows an officer to observe a suspected DUI driver’s attention level, state of mind, balance, physical ability and other factors that the officer then will use to decide whether the suspect is impaired. While the presence of drugs can be found using blood tests, the existence of drugs in a person’s blood stream may not solely be an indicator that a person was driving under the influence of the substance.

Published on: July 2, 2014

Florida Underage DUI Defense Lawyer :: Disney Star Billy Unger Arrested on Suspicion of DUI

by Whittel & Melton, LLC

Disney Channel star Billy Unger was arrested over the weekend on suspicion of drunk driving after he was stopped in his Nissan Altima on Pacific Coast Highway, according to authorities.

Unger is best known for his role on the Disney sitcom “Lab Rats.” He was reportedly going 65 mph in a 45 mph zone on PCH around 12:10 a.m. Saturday when he was pulled over near Las Tunas Beach, according to the Los Angeles County Sheriff’s Office.

The arresting officer approached the 18-year-old actor’s Altima and claims he could immediately smell the odor of alcohol.

The officer also alleges that Unger’s eyes were bloodshot and watery.

Unger’s blood alcohol level was reportedly 0.08, right at the legal limit for an adult, and he allegedly did not pass a sobriety test. He was immediately arrested for suspicion of drunk driving.

Unger was later issued a citation and released on his own recognizance, which is standard procedure in DUI cases.

The detective did mention that Unger was very cooperative.

Unger issued the following statement Monday on Twitter:

“As I move forward responsibly in this matter, I simply ask the public, and more importantly my fans, to reserve judgment and allow the opportunity for me to address this issue properly through the legal system.”

When a driver under the age of 21 is pulled over for suspicion of driving under the influence of alcohol in Florida, they can be charged with DUI if their blood alcohol content is .02 percent or higher. While the legal limit for driving for those over the age of 21 is .08 percent, Florida has a strict zero tolerance policy for underage drivers that choose to get behind the wheel of a car after drinking.

If you are charged with underage drinking and driving, you face a license suspension. For any underage driver that submits to a breath test and blows a .02 or higher, their driver’s license will be suspended for six months with a 30 day hard suspension following a first time DUI arrest. This means that the driver cannot drive anywhere for any reason for those 30 days. Following the hard suspension period, the driver may be able to obtain a hardship license for “business purposes only” or for “employment purposes only.” Now, if the underage driver refuses to submit to a breath, blood or urine test then their driver’s license will be suspended for one year with a 90 day hard suspension.

Additionally, if you are arrested for underage drinking and driving and your blood alcohol content was .05 percent or higher then you must complete a DUI program.

Published on: April 23, 2014

Florida Shows Alleged Decrease in Crime in Broward and Palm Beach Counties

by Whittel & Melton, LLC

According to reports released by the Florida Department of Law Enforcement on Wednesday, crime in Broward and Palm Beach counties took a plunge in 2013 and stayed in line with the state’s total decrease in criminal offenses.

In its 2013 Annual Uniform Crime Report, the state agency concludes that criminal activity, ranging from rapes and murders to robberies and burglaries, have steadily dropped in Florida over the past five years.

The overall crime rate fell by about seven percent in Broward County. With that said, the report relays that there were 46 more forcible rapes in 2013 compared to 2012. The biggest category of crimes to drop was robberies, decreasing by about 13 percent.

In Palm Beach County, the overall crime rate plunged by about three percent in 2013. Conversely, there were nearly 100 more vehicle thefts than in 2012.

FDLE computed the same number of murders in 2012 and 2013 in both counties — 80 in Broward and 74 in Palm Beach.

When you are charged with a crime in Florida, the consequences can be devastating. Criminal charges have the ability to haunt you for the rest of your life, sometimes going as far as limiting your ability to find a job, own or rent a home and even maintain or build new relationships. Even if you do not serve any jail time, a criminal conviction can still negatively impact your life.

A criminal investigation can progress rather quickly. What you may think is nothing right now could lead to your arrest tomorrow. The sooner you involve a criminal lawyer with your charges, the better the outcome for you. A South Florida Criminal Defense Attorney at Whittel & Melton can thoroughly analyze every aspect of your case and begin evaluating possible defenses and strategies right away. From early on, we will look for ways to help you avoid a criminal conviction.

We handle all of the following types of criminal cases, including:

Sex offenses, including rape, child molestation, child pornography, prostitution, indecent exposure, child abuse and sexual assault
Drug crimes, including possession, sale, distribution, grow house and trafficking
Violent crimes, including kidnapping, burglary, assault, battery, robbery, domestic violence, murder, manslaughter and weapons charges
White Collar Crimes, such as Internet crimes, fraud, forgery, identity theft and RICO
Juvenile Offenses
DUI Charges, including DUI Manslaughter and DUI Serious Bodily Injury

Published on: March 28, 2014

Palm Beach County Criminal Defense Attorney :: Boca College Bar Site for Nearly 100 Arrests since its Opening in June

by Whittel & Melton, LLC

A bar popular with college students in downtown Boca Raton was the scene of two fights earlier this month, and has been the place of nearly a hundred arrests since its opening last June, according to Boca Raton police records.

Police are now saying that the high number of disturbances at 101 Cantina in downtown Boca must be dealt with.

The bar’s Boca Raton location had its grand opening party on June 8, 2013. Since then, officers have responded to 92 calls for service for incidents including fights, vandalism, beverage violations and other disturbances, according to police records.

The total number of arrests at this point is 98. Of the total arrests, the majority are due to underage drinking.

In fact, according to police records, 78 of the 98 arrests were for possession of alcohol by a minor. While underage drinking charges do not generally result in the suspect being taken to jail, police still give suspects notices to appear in court at a later date, which counts as an arrest.

The suspects arrested at 101 Cantina range in age from 17 to 20. Police claim they are working with state regulators and the Palm Beach County State Attorney’s office to address issues at the bar.

As for the two fights earlier this month, one involved an 18-year-old Boca Raton man who was allegedly jumped by a group of about six to eight males as he was leaving, according to the incident report. Police noted that “there were over 200 people in the area” when the fight happened, and no witnesses were able to describe the suspects. No arrests have been made.

The second fight, apparently happened at about 2:30 a.m. and resulted in the arrest of a 21-year-old man who faces a charge of causing a disturbance.

In the state of Florida, it is considered illegal for any person under the age of 21 to possess or consume alcoholic beverages. A conviction for underage drinking can vary depending on the details of the case, but maximum penalties generally include up to 60 days in jail and a fine up to $500. In addition to time behind bars and fines, the defendant could also face driver’s license suspension or revocation. In order to protect yourself from the strict consequences that come along with an underage drinking conviction, you must act quickly and enlist the help of a criminal defense attorney.

Published on: November 7, 2013

Broward County Criminal Defense Lawyer :: Broward Judge Charged with DUI

by Whittel & Melton, LLC

A veteran Broward County circuit judge has been charged with driving under the influence after her car was allegedly seen by police driving erratically and nearly hitting another vehicle in Boca Raton.

According to a Boca Raton police report, the woman was pulled over along the 2400 block of West Palmetto Park Road around 10 p.m. Tuesday.

The report alleges that police were called earlier in the evening police about the same vehicle, a white Mercedes-Benz, after someone witnessed the car driving erratically near 49 Northeast Second Street.

A Boca Raton police officer wrote in his report that he observed that the woman’s eyes were red and glassy, her speech was slow and slurred and that her face was red and flush. He also said he detected a strong odor of alcohol coming from her breath.

When the woman was asked if she knew why police stopped her, she apparently mentioned that her vehicle had been weaving.

She was placed under arrest just after 11 p.m. and reports indicate that she refused to take a breath test.

The woman was booked into jail around 1:30 a.m. and released shortly after 7 a.m. Wednesday.

Whether or not this woman’s DUI arrest will affect her role on the bench remains unclear at this time.

The Broward chief judge said there are no exact rules set forth in how to handle a judge involved in a situation like this.

The woman was first appointed to the bench in Broward County by then-Governor Jeb Bush in 2003 and has since handled a number of high-profile cases.

This case goes to show that anyone can be arrested for DUI. Everyone makes mistakes, and that includes police officers and even judges. Fortunately, if you are arrested for a first-time DUI the charge will likely be a misdemeanor, unless there are aggravating circumstances.

Published on: October 25, 2013

Volusia County Criminal Defense Lawyer :: Deputy Arrested for DUI had Child in Car at Time of Arrest

by Whittel & Melton, LLC

A Volusia County deputy sheriff who was arrested Saturday night on a DUI charge will also face a child-neglect charge because a 7-year-old girl was apparently in the patrol car with her.

The 37-year-old woman has been placed on administrative leave with pay, according to the Sheriff’s Office.

She was off duty at the time of her arrest, but driving her patrol car, the Sheriff’s Office said Sunday.

The woman has been with the agency since 1999 and works at the Volusia County Courthouse Annex in Daytona Beach.

No further information has been released at this point.

The consequences of a DUI charge alone can result in jail time, stiff fines and the loss of your driver’s license. Having a minor in your car with you when you are stopped by law enforcement can tack on additional penalties, including child neglect and child endangerment charges. These charges are counted as separate offenses from a DUI charge, meaning that the combined penalties could result in longer time behind bars and increased fines.

DUI cases involving minors travelling as passengers in the car are highly emotional and require the help of a DUI defense attorney who can apply a powerful defense based off the facts and not what the prosecution speculates. When faced with child neglect charges stemming from a DUI, you must protect your rights starting from your arrest all the way through the conclusion of your case. A Volusia County DUI Defense Attorney at Whittel & Melton can help you pursue a positive outcome that you can live with. As trial attorneys and former prosecutors, we fully understand how the State builds its case against those charged with DUI and child neglect. We are available 24/7 to discuss your case with you and make sure you understand what can be done to defeat the serious charges against you.

Published on: October 16, 2013

Dixie, Levy & Gilchrist County Criminal Defense Lawyer :: Why You Need a Criminal Defense Lawyer in Levy, Gilchrist & Dixie County

by Whittel & Melton, LLC

If you have been arrested for or charged with a crime in Dixie, Levy or Gilchrist County, it is important to that you obtain legal representation as soon as possible. Why? Despite the severity of the charges you face, a good criminal defense lawyer can explain your rights throughout all stages of the criminal process and help you make the most informed decisions regarding your case. Most importantly, a criminal defense attorney can be the difference between a reduction of charges or dismissal and a jail or prison sentence.

At Whittel & Melton, our Dixie County Criminal Defense Lawyers have extensive experience in defending people that have been arrested and accused of every type of criminal offense. Our firm handles all types of criminal charges – from Driving While License is Suspended or Revoked and serious DUI offenses to drug crimes, violent crimes and even juvenile offenses. We stand ready to defend clients at every stage of the criminal process, beginning with the arrest. If you have been arrested in Cross City, Horseshoe Beach or the surrounding area, a Dixie County Criminal Defense Attorney at Whittel & Melton can make sure you understand the charges you are up against. Contact us today online or call 866-608-5529 to learn more about how we can assist you.