We all know the dangers of drinking and driving. A driver under the influence is less alert and more prone to cause an accident, sometimes causing serious injury to other motorists. The way a DUI is treated varies from case to case, but the one constant seems to be the test results that led authorities to issue the citation for DUI. DUI’s are most commonly filed after an officer obtains a breath test result that shows the driver was over the legal limit for alcohol in their bloodstream. On the defense side of a DUI case, it is common to challenge many aspects of the case, including the test results. But what do you do when a traffic violation is not the result of drinking and driving, but might still involve driving while… Continue reading
Most times a traffic ticket is given in person, by being pulled over by an officer. But, with the number of drivers on the road being significantly higher than the number of police cruisers, authorities are looking for new ways to issue tickets. One way that has been implemented in cities across Florida is by use of a red light camera, a device that captures images of traffic offenders and generates a citation. The use of these devices has recently come under fire, and there is some good news for those that received tickets as a result.
News reports on the issue claim some offenders may be receiving a refund of fines paid. Here are the facts:
● A lawsuit against the company that manages the cameras and the program utilized to create traffic citations was filed in federal court.
● The suit seeks… Continue reading
It’s no secret smoking is harmful to your health. The tobacco companies recently paid out a historical settlement to the states for misleading advertising regarding the possible impact smoking has on your health, and chances are at least one person in your social media feed is dealing with a loved one or knows someone with a loved one that has cancer. In the wake of all the reports on how bad cigarettes are for you came the next best thing to actual tobacco: e cigarettes. These products are advertised as “safe” smoking, and millions of people have jumped on the vape bandwagon.
While vapes may be less harmful than cigarettes, one important drawback is how the chemicals show up in your system. In some cases, there is a possibility of being charged with DUI when the real culprit was your e cigarette.… Continue reading
Even if you are in charge at work, when you take the wheel of a car you are just another driver. You are required to obey the traffic law and operate your vehicle in a way that doesn’t endanger other motorists. This includes the prohibition on drinking and driving, and no matter who you are you might face criminal charges if you are pulled over and charged with drinking and driving.
Popular baker, Buddy Valastro (aka the Cake Boss) was arrested for DUI, but the incident has done little to slow his pace as the boss of the bakery. Valastro was charged with DUI as follows:
● The star’s car was seen swerving in and out of traffic in NYC.
● Valastro’s BAC was over the legal limit, at either 0.08% or 0.09%.
● The baker was said to have told the police he… Continue reading
Earlier in the year we reported on a crime so bizarre it could have been taken from a primetime police drama; the so called “cookie monster”. The case centered around a woman who was very vocal about how easy it was for her to steal money from girl scouts selling cookies. But that wasn’t the woman’s only crime. Stefanie Woods was currently on probation for a felony charge, and her antics proved to be a violation of that probation.
The final word is now in on the punishment Woods will face for violating probation:
- The 24 year old will be nearing her 30th birthday before she is released from prison, in close to four years.
● Woods had been on a six year probation term for the felony charges of robbery with a firearm, and kidnapping.… Continue reading
When you agree to resolve a criminal case by going on probation, you are expected to fully comply with all the terms of your probation. In most instances this means you cannot be arrested for any new crimes. An arrest for a new crime is not only a new arrest and new case, but also a violation of the probation terms of your old case. When this happens, you will now face punishment in both cases and the consequences can be severe.
Leaving town while on probation, and especially when there are other pending charges or an investigation, will lead to a search for you and a request that you be brought back to face the music. Richard Fero, the subject of a nationwide search, now sits behind bars in Florida. Fero:
● Fero’s time in a Florida jail will be… Continue reading
This seems to be the year of the wrong way driver. Many drivers have been pulled over for driving the wrong way on I-275, and a good number of those have faced DUI charges in addition to traffic charges associated with driving the wrong way. In response, officials have beefed up their presence on the interstate, and the result has been more and more drivers are facing DUI’s.
In late October police narrowly avoided colliding with Josean Carrasquillo. The Tampa Bay Times reports that Carrasquillo was going the wrong direction when the near accident happened. The officer immediately turned around and made a traffic stop. At the time of the stop:
- Carrasquillo had red eyes and slurred speech.
● Officers detected an order of alcohol.
● Two field sobriety tests were administered, both showing a BAC over the legal limit.
Whatever the circumstances… Continue reading
Two years ago, in 2012, Polo Club founder John Goodman was convicted of DUI manslaughter. But, on further review that verdict didn’t stand because there was evidence of juror misconduct. So, the State took a second crack at the case. This time, the State got their conviction. Make no mistake though, this conviction will also be appealed. There are serious legal issues left unresolved, and the decision to question the jury’s verdict is sound.
Goodman’s defense team claims the verdict is subject to attack for the following reasons:
● Goodman’s vehicle was released from evidence before the defense had the opportunity to have tests performed on the vehicle’s possible malfunction.
● Errors in the blood testing were present, but the Judge denied the defense request to put on expert testimony supporting this claim.
In any criminal case it is necessary to go over all… Continue reading
Olympic superstar swimmer Michael Phelps has had his fair share of legal troubles. A photo of the athlete smoking marijuana quickly went viral in 2009. The Olympic hero quickly recovered from that media frenzy, but is now in the spotlight again for actions outside the pool. Phelps has been arrested for DUI, and faces some pretty harsh consequences.
In addition to the legal battle that lies ahead, Phelps has also been disciplined by U.S. Swimming. Those punishments include:
- A prohibition from competition meets for 6 months.
● A mandatory withdrawal from the 2015 world championship team.
● Giving up funding for the 6 month suspension period.
Phelps’ reaction to the punishment is a statement that he will use the break to attend an in house treatment program. This is the 2ndDUI case for the swimmer in the past ten years. Employment… Continue reading
When you’ve had too much to drink, its best to find a designated driver or call a taxi. If those options aren’t available to you, it is wise to give yourself the time needed to “sober up” before taking the wheel of a car. Driving under the influence is a crime, and if convicted leaves a permanent mark on your criminal history and driving record. To avoid the negative consequences associated with DUI, you are well-advised to avoid driving in a drunken state. But, the one place you should not take shelter in while waiting out the effects alcohol has in your system is your car!
A Gainesville man learned this lesson, as he was arrested for DUI after being awoken in his vehicle. The report tells the story like this:
● The man was in his running car, at a McDonald’s.
● The… Continue reading