DUI Category Archives — Page 4 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: September 30, 2008

Fashion Emergency: Mini-skirt Wearing Male Officer Charged with DUI

by Whittel & Melton, LLC

It was a fashion 911 of sorts. News 4 in Jacksonville reports that a Panama City male probation officer wearing a blond wig, black miniskirt and fishnet stockings was pulled over by law enforcement last week. The “guy”–Ryder Laramore– also happens to be the son of a public defender.

According to police, several drivers called about Laramore’s dangerous driving, and when he was pulled over, a bottle of vodka was sticking out from under his seat. Laramore said he had just left a party but had not been drinking and told police that he was a probation officer and he would lose his job. Bay County officials charged Laramore with DUI, possession of marijuana, possession of methamphetamine and possession of drug paraphernalia.

At this point, losing his job appears to be the least of his worries.

Published on: September 22, 2008

Baker County Man Sentenced in DUI Injury case

by Whittel & Melton, LLC

Joel Addington of the Baker County Press reported this week that more than two years after Jack Baker III slammed head-on into another vehicle in Glen St. Mary, he was sentenced to six months in county jail and five years probation in exchange for a no contest plea to DUI involving serious bodily injury, a third degree felony.

The DUI crash occurred in May 2006, when Baker, who was 20 years old at the time, crossed the center line on N. CR 125 and struck the van driven by a Julie Michaud of Cuyler. Ms. Michaud suffered life-threatening injuries in the crash, still walks with a severe limp and only recently regained the ability to write with her natural hand.

Mr. Baker’s blood alcohol level measured .066 three hours after the accident and had the case gone to trial The Baker County State Attorney’s Office was prepared to put on expert testimony to establish that at the time of the accident the that the defendant’s alcohol level exceeded the .08 legal limit.

Judge Moseley, who presided over the plea, warned Mr. Baker that if he violates any provision of the probation, he could face between two and five years state prison.

Published on: September 14, 2008

Florida’s DUI Breath Test Machine Under Attack Again – This Time in Arizona

by Whittel & Melton, LLC

Over the last two years, countless Florida DUI lawyers from Tampa to Brooksville to Gainesville have argued that the makers of the Intoxilyzer 8000 should have to turn over “source codes” under Florida discovery rules. The Intoxilyzer 8000 is the machine Florida law enforcement uses to test Blood Alcohol Content (BAC) which is run by software–called source codes.

Up until this point, most Florida courts were unwilling to require the Intoxilyzer machines’ manufacturer, CMI, to disclose the source code information to Florida citizens facing criminal prosecution for DUI because the source codes were considered trade secrets, which are protected. This past week however, Judge Deborah Bernini of Arizona, ordered that the source codes, despite CMI and Arizona prosecutors’ arguments to the contrary, are not a trade secrets. According to news reports, the judge based her ruling on a finding that the Florida Breath test machine is not patented, nor are the source codes protected by copyright law.

Results from Florida’s breath testing machines are already not allowed in Tennessee courtrooms because of its perceived unreliability. Hopefully, the State of Florida will take this recent development to do the right thing and either use an alternate breath test machine– one that is completely transparent with no “secrets”–or discontinues use of the Intoxilyzer 8000 until the source codes are turned over and experts throughout Florida have time to perform a full examination of the machines for reliability.

Published on: September 11, 2008

From Gainesville to Ocala to Tampa – Florida CDL Drivers Beware of New DHSMV Rules

by Whittel & Melton, LLC

Florida DMV Offices already hold CDL drivers to a high standard – and that standard just got higher.

Starting October 1st, commercial driver license holders convicted of a DUI will be ineligible to drive a commercial vehicle for 12 months after the first conviction and will be permanently suspended after a second conviction. This new rule also applies even if when the DUI was received in a personal vehicle of the CDL holder.

DHSMV already forbids CDL holders from obtaining temporary permits during the DUI Formal Review process. This new rule is just another example of how the State of Florida holds CDL drivers to a higher standard than the other millions of drivers on Florida’s highways.

Published on: September 9, 2008

Republican Vice Presidential Nominee Sarah Palin Answers Questions About Husband’s Old DUI

by Whittel & Melton, LLC

Although many– including those at the Law Offices of Whittel & Melton, LLC— argue that a political candidate’s spouse receiving a DUI over two decades ago is not newsworthy, media coverage of Sarah Palin’s husband’s old DUI does bring to light an interesting topic with respect to DUI convictions.

Unlike most other criminal charges, under Florida law, a DUI or DWI conviction can never be sealed or expunged. The DUI exception was carved out by the legislature for public policy reasons. The reason DUIs are never removed from traffic or criminal histories is because of the charging and sentencing structure used in Florida and around the country. A first DUI will always be treated differently than a second DUI and a second DUI will be treated more harshly than a third DUI and so on and so forth. With that DUI sentencing structure in mind, the legislature wants prosecutors and law enforcement to have easy access to a person’s DUI history and if DUIs are expunged, then judges would not know to sentence repeat offenders harshly and prosecutors would not know when subsequent DUIs should be charged as a felonies.

In addition, the fact that a DUI occurred in the past is only half the story, when the DUI occurred is also important. For example, a second DUI that occurs more than five years from the first is treated differently from a DUI that occurs within the five year period- namely the latter is subject to harsher mandatory sentences.

Published on: August 30, 2008

Ex-Jacksonville Jaguar Jimmy Smith Arrested for Possession of Marijuana and Drunk Driving during DUI Roadblock

by Whittel & Melton, LLC

Despite a previous DUI arrest and the Florida media reporting on the exact whereabouts of DUI roadblocks, Jimmy Smith has been arrested for DUI for a second time. Both the DUI and accompanying Possession of Marijuana charge are misdemeanors–however it’s likely that State Prosecutors are aware that Smith’s prior 2001 DUI charge was dropped and will treat this DUI more like a second DUI.

Reports state that Smith was pulled over during a DUI roadblock, which under Florida law, holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case–where cops are either called to the scene of an accident or stop an individual for a traffic infraction–in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community–a right the U.S Supreme Court has established as a fundamental constitutional right.

If you or a loved one has been charged with DUI, Possession of Marijuana, or have questions about DUI Roadblocks, contact North Florida DUI Attorney Jason Melton immediately at 866-608-5529.

Published on: August 11, 2008

Former Yankee Leyritz’ DUI Manslaughter Videotape Released

by Whittel & Melton, LLC

In late December, former Yankee Jim Leyritz was involved in a car crash that left a 30-year old woman dead. Following the crash, Florida law enforcement conducted a DUI investigation and Jim Leyritz was subsequently arrested for DUI Manslaughter.

DUI Manslaughter is a serious criminal traffic charge that can land an individual in Florida State Prison for upwards of 15 years, with a mandatory minimum of three years if convicted. If taken to trial, a Florida jury may ultimately get to see the videotape of his arrest. However, I was not overwhelmed by the video as a means to show that Mr. Leyritz was impaired. This video may prove to be a great cross-examination source for Leyritz’ defense team.

Specifically, when watching the tape, I was struck by how composed and smooth Leyritz’ performed the physical sobriety tests. While the media seemed interested in the fact that he showed no emotion when learning of the death of the other driver — we should remember he will be tried for Driving Under the Influence. Leyritz’s reaction to causing a death is only remotely relevant to show an admission of some sort, not that he responded the way he did to that information. I suspect the judge may entertain a motion to redact that portion of the tape as it really does nothing to show impairment and could only taint the jury.

Published on: July 25, 2008

Hulk Hogan’s son to serve sentence in Pinellas County Jail for Reckless Driving

by Whittel & Melton, LLC

It appears that Nick Hogan, son of professional wrestler Hulk Hogan, should heed his dad’s advice to say his prayers and eat his vitamins. He is scheduled to be sent to an adult section of Pinellas County jail to serve an eight month sentence in relation to his involvement in a car crash last August that left Hogan’s passenger with brain injuries. The Clearwater Police investigation into the crash revealed Hogan had been drinking the night of the accident.

E! Online reports that Hogan, aka Nick Bollea, made a request last month to be transferred out of the solitary confinement cell where he was housed because he was a juvenile. The Pinellas County Sheriff’s Office spokesperson indicated on Wednesday that the move is scheduled for June 27th, which incidentally is also Hogan’s 18th birthday. After the transfer, he will be housed with other adults who are who have been similarly sentenced.

In May, Hogan plead no contest to Reckless Driving involving Serious Injury, a felony that can subject an adult to upwards of five years in prison. If you have been charged with Reckless Driving or DUI our Tarpon Springs, FL DUI Firm can represent you during your case from start to finish and help you obtain the best Pinellas County Result possible for your case.

Published on: July 17, 2008

DUI Arrest Pending for Former Gainesville, FL UF Gator Jevon Kearse

by Whittel & Melton, LLC

According to news reports, the former Gainesville, FL, and Alachua County resident was charged with DUI after a traffic stop in Nashville, Tennessee, where it was alleged the former UF Gator was speeding and swerved several times. Kearse refused the breathalyzer or breath test, but during the criminal investigation, he allegedly made an admission to police that he drank one vodka with Red Bull.

According to reports, a field sobriety test was also conducted, but Kearse did not perform to the officer’s satisfaction.

If the stop of Kearse’s vehicle occurred in Gainesville, where Florida Law applies, a Judge would have to determine whether the Police had Probable Cause to believe a traffic infraction had occurred (example – speeding or weaving) OR whether or not the Police had Reasonable Suspicion to believe a crime was occurring (example – DUI)- which could justify the reason for the police pulling over Kearse.

Published on: July 15, 2008

Hernando County Sherriff’s Office Employee escapes DUI charges in Brooksville, FL single car accident

by Whittel & Melton, LLC

According to both Joel Anderson of the St. Pete Times and Kyle Martin of the Tampa Tribune, the Finance Director of the Hernando County Sherriff’s Office was involved in a single-car accident in Brooksville, Florida after allegedly running several cars off the road while being under the influence of both wine and sleeping pills. However, it should be noted that no sobriety tests were performed.

While the driver potentially faced charges for DUI, DUI property damage, Reckless Driving and Leaving the Scene of an Accident, the Deputy involved in the investigation elected not to go forward due to the unavailability of a “wheel witness”. What does this mean?

In this case, to prove DUI, Reckless Driving or even LSA – the State of Florida, represented by the Hernando County State Attorney’s Office, has to prove beyond a reasonable doubt that the defendant was driving at the time of impairment or the alleged criminal act (like for example, driving recklessly or leaving the scene of an accident). The State usually accomplishes this by simply having a witness (“wheel witness”) testify that the defendant was driving or behind the wheel. It can also be proven by what is called “Actual Physical Control.” These situations, commonly referred to as APC cases, usually come in two forms: 1) a defendant is slumped over the wheel in the middle of traffic, the side of the road or in a parking lot, or 2) after an accident.