Florida Criminal Attorney Blog

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 16, 2008

Brooksville, FL Undercover Prostitution Sting Leads to Arrest of 32 Alleged Johns

by Whittel & Melton, LLC

The Hernando County seat Brooksville, FL was the site for the Brooksville Police Department’s most recent undercover prostitution sting. This operation, according to Kyle Martin from the Hernando Today, took in 32 arrests this week.

Arrests for Prostitution, are often the target of Motions to Dismiss or Motions to Suppress Evidence due to the Entrapment issues that arise in these scenarios. Although Entrapment defenses arise in other cases–most notably drug crimes, sex crimes and theft cases–countless prostitution cases have also been dismissed where courts have found that a particular defendant was not predisposed to commit the crime, but for the persuading and manipulation of the undercover officer.

Like DUI, Prostitution has a tiered sentencing structure for multiple convictions. For the first violation, the State Attorney can charge a misdemeanor of the second degree. For the second violation, the State Attorney can charge a misdemeanor of the first degree, and for a third or subsequent violation, the State Attorney can charge a third degree felony.

Published on: September 15, 2008

Ocala Man Sentenced to Life in Florida Prison for Rape

by Whittel & Melton, LLC

Despite the Marion County State Attorney’s Office offering forty years Florida State Prison and the defendant’s Florida Felony Score Sheet permitting a lower sentence of eleven years, a Circuit Judge in Ocala sentenced a man to life imprisonment this past week.

Under the advice of the assigned Public Defender to his case, the defendant who was charged with burglary, sexual battery and theft chose to “plea open” to the court with no specific resolution agreed to– apparently hoping for a lenient sentence from the court. Often times the court will look to the Florida Felony Score Sheet for guidance in this type of situation. Prosecutors use the formula in score sheets to determine whether a person’s charge and criminal history requires the court to impose prison time, the amount of prison time or to determine if jail or probation is allowed by law. But as this man and his Public Defender found, the score sheet was merely the start of the process. Although the score sheet in this case permitted a prison sentence of eleven years, it also permitted life. The judge chose to sentence life in 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 27, 2008

Chief Middle District of Florida U.S. District Court Federal Judge Releases Inmate for Help in Sumter County Prison Drug Conspiracy

by Whittel & Melton, LLC

Sumter County’s only Federal Prison, Coleman Federal Correctional Complex, and only one of two Correctional Complexes in the South East United States, was also home to a conspiracy of five corrupt guards and other civilian workers who, according to reports, were paid to facilitate and bring in contraband into the facility. This prison scheme was unearthed in large part by the work of an inmate.

The inmate, and former cocaine dealer, additionally helped dismantle a sixteen person marijuana syndicate and draw attention to an eleven member prison-gang who distributed heroin. At the time of the hearing, the convicted drug trafficker, had served nineteen (19) years in Federal Prison.

For the work of this inmate, Chief U.S. District Judge Elizabeth A. Kovachevich, converted two consecutive life sentences to “Time Served”. A Motion to Modify or Correct Sentence can be brought on behalf of defendants in rare situations. But in cases like this one, if properly argued and for a great reason, a judge is always able to modify the terms and conditions of their sentence.

Published on: August 22, 2008

Tampa Judge Sentences Con Artist to 30 Years Florida State Prison for Violation of Probation

by Whittel & Melton, LLC

Tampa, Florida Circuit Court Judge Daniel Perry sentenced a man to the maximum 30 years of Florida State Prison and included as a term of his probation, restitution in the amount of approximately $60,000, according to Tampa Tribune’s Kevin Graham.

Florida has long been considered one of the most punitive states in the union for several reasons. The foremost being the way in which it deals with Violations of Probation. Not only are the violation of probation hearings void of any 5th amendment rights to silence and often very quick, but the Florida Rules of Criminal Procedure require far less proof than the usual burden of beyond a reasonable doubt.

In this case, the defendant clearly offended the court by the nature in which he violated probation. The original criminal fraud case alleged that he defrauded over $400,000 from area residents. The violation of probation allegation was that during his probation he was witnessed claiming to be the grandson of Frank Sinatra and in need of small loans due to a banking error. These scams were alleged to have taken place in cities like Austin, Texas and Las Vegas, Nevada.