Articles Posted in DUI

According to a recent news report from TC Palm, Florida Representative Cary Pigman is now on probation after being convicted on DUI charges.  He pleaded no contest to a single charge of driving under the influence of alcohol.  He was not sentenced to any jail time, but he was sentenced instead to one year of probation.

Broward DUI defense He also has his driver’s license suspended for a period of six months and was ordered to pay a fine.  In his case, the fine was $500.  He was also ordered to complete 50 hours of community service and attend a traffic alcohol program with an emphasis on driving. Continue reading

When the police place a suspect under arrest on suspicion of drunk driving, they will likely tell the suspect that they must take a breath test to determine if their blood alcohol level is above the limit. This machine is what most people still refer to as a Breathalyzer.

Broward DUI Defense This is actually the brand name of alcohol breath testing machine that was developed in the 1950s and used for a number of years. Basically, this is an old trademark that has become a generic term for alcohol breath testing machine.  These days, police forces are much more likely to use a machine made by CMI called the Intoxilyzer, a machine made by Draeger, or an Intoximiter EC/IR II.  The Broward County Sheriff’s Office, for example, uses the Intoxilyzer 8000.  This is part of their Breath and Alcohol Testing (BAT) Unit. Continue reading

A breath alcohol ignition interlock device, also known as a BAIID, IID, or ignition interlock device is a device that is mounted on the dashboard of a car near the steering wheel.  It requires a driver to blow into a sample collection tube, and it will register the user’s blood alcohol content (BAC) as measured in grams of ethanol per 100 milliliters of blood.  Ethanol is the type of alcohol that is approved for human consumption in beverages.

Broward DUI Defense If the BAC does not read 0.00 or within the tolerance limit closet to 0.00, the car will not start.  Depending on the system, it will likely alert the company that monitors the BAIID, and this in turn will notify the defendant’s probation officer. This will likely result in a major problem for the defendant.Under current Florida law, BAIIDs are required for second DUI offense convictions, but not for first offenders.  According to a recent news article from WUFT News, Florida state representative Cord Byrd has proposed a new bill that would require first time DUI offenders to have an ignition interlock device in their vehicles. Continue reading

If you are arrested on suspicion of drunk driving in South Florida, there are certain things you can do to help your situation, and there are certain things you should never do.  Before we get into the specifics, the first thing is you should always be polite and respectful to the investigating or arresting officers.  This does not mean you must agree to do everything they ask of you, but you should let your DUI defense lawyer do the fighting for you at a more appropriate time.

Broward Criminal Defense LawyerOne of the issues is that you often start off in a less than ideal position following being pulled over or the officer or trooper is approaching your vehicle following a suspected drunk driving traffic accident. One recent example of this can be seen when a Florida man was arrested for allegedly crashing into a “Don’t Drink and Drive” police cruiser while under the influence of alcohol, as discussed in a recent article from the Palm Beach Post. Continue reading

The drunk driving statute (Title XXIII, Ch. 316 Section 193) states that a defendant must be in actual physical control of a vehicle to be convicted of driving under the influence. While we will get to a more specific explanation of what that means later in this post, keep in mind that actual physical control, or “APC” as it is often called by DUI defense lawyers, does not necessarily mean driving the car.

Broward DUI Defense By now, most people have probably heard that world famous golfer Tiger Woods was arrested in Jupiter, Florida for driving under the influence.  We have all seen the mug shot of him that was taken at 3.a.m. in which he looks less than his best.  However, in this particular case, it should be noted that he was given a breath test and blew 0.000, as discussed in a recent news article from CNN.  This reading, coupled with his own alleged admissions about taking prescription drugs, means this is what is known as a DUI drugs case. Continue reading

Field sobriety tests are heavily relied upon in criminal prosecutions of DUI in Florida. However, that does not necessarily mean they are 100 percent accurate. And while motorists are required by the implied consent law in F.S. 316.1932 to submit to breathalyzer or urine tests upon request from an officer, the same is not true of field sobriety tests. More often than not, the outcome is not in your favor and serves only to add to the evidence against you.

Recently, daughter of “Matrix” actor Lawrence Fischburne was arrested shortly after requesting advice from a traffic officer on how to successfully complete a field sobriety test. A better approach would have been to simply decline.

Broward DUI Lawyer According to a recent news report from My Statesman, she made headlines for an arrest in Fort Lauderdale on suspicion of drunk driving.  Authorities have said Montana was driving her vehicle on Interstate 95 in the Fort Lauderdale area when she allegedly crashed into an SUV. Continue reading

Assault and battery arrests in Florida may arise from a quickly-evolving altercation, but have the potential for long-term impact on one’s life.

These cases may be charged by prosecutors as either misdemeanors or felonies. F.S. 784.03 outlineBroward Criminal Defense Lawyer s felony battery in Florida as occurring when a person intentionally and actually touches or strikes someone against their will or intentionally causes bodily harm to another person. One can also be charged with a felony if they have a prior battery conviction. As a third-degree felony, it carries a maximum five-year prison term. First-degree misdemeanors, meanwhile, carry a maximum one-year in jail.

One high profile battery arrest in South Florida recently involved an actor in the hit movie, “Straight Outta Compton.”  It was the big budget biopic that was about the early life and career of the members of the legendary rap group NWA.  The film was about the lives of Dr. Dre, Ice Cube, Suge Knight, Easy-E, and others.
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Most people are familiar with Mothers Against Drunk Driving (MADD).  The organization’s main stated goal is to reduce the number of drunk driving fatalities in the U.S.  In addition to their many advertising campaigns like you might see reflected on billboards as you drive on I-95 in Fort Lauderdale, they also have many educational programs.

Broward Criminal DefenseOne of these programs, called the Victim Impact Panel (VIP), is generally only attended by people ordered to do so in connection with a DUI plea or following trial.  According to a recent news article from The Moultrie Observer, a woman was arrested at one of the VIP meetings for allegedly showing up drunk and causing a public disturbance. Continue reading

From time to time, drivers in the Fort Lauderdale area will get arrested on suspicion of DUI when they have a child in the car.  Whether it’s a teenager or a small child, the charges imposed will likely be the same.

Broward DUI Lawyer Whenever this happens, the prosecutor tries to make it seem like the driver is the worst parent in the world. They may even threaten to charge the driver with additional charges related to child endangerment or neglect. But those accused in these situations need to bear in mind that neglect charges are typically predicated on the underlying DUI charge, which requires proof of intoxication or impairment. This is an assertion we can work to challenge.  Continue reading

Authorities made a South Florida arrest for DUI and child endangerment in Boynton Beach after allegedly discovering a woman drunk behind the wheel of a car in a parking lot with four children jumping in and out of the sunroof.winebottle

According to The Sun Sentinel, the engine of the vehicle was running. It was about 7:30 p.m. and the vehicle was parked in a Publix grocery store parking lot. In the front passenger seat, police say, was a half-empty jug of sangria. The 34-year-old woman in the driver’s seat allegedly had a blood-alcohol concentration of .358, which is more than four times the legal amount of 0.08. This was after she agreed to undergo a blood alcohol test.

Police reported they were called to the parking lot after several witnesses said they had tried to chase the young children out of harm’s way, as they were running around the parking lot and were almost struck by vehicles entering and leaving. One witness called dispatchers and said they had seen the driver drinking in the car from a large jug of wine.  Continue reading