Articles Tagged with DUI attorney Fort Lauderdale

Fort Lauderdale DUI arrest lawyerGetting arrested for DUI in Broward County can be a frightening experience. Your mind races with questions: Will I lose my license? Can I keep my job? What happens next? As a Fort Lauderdale criminal defense attorney who has represented countless DUI clients, I can tell that worry is completely normal – but spiraling won’t help. But what you do in the first 24 hours after your arrest can impact the outcome of your case.

The 10-Day Window: Your License Is at Immediate Risk

Here’s what most people don’t realize when they’re released from jail: the clock is already ticking on your driver’s license. Under Florida Statute 322.2615, you have only 10 days from the date of your arrest to request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). Miss this deadline, and your license will be automatically suspended.

This administrative suspension is completely separate from any criminal charges you’re facing. Even if you’re ultimately found not guilty in criminal court, failing to request this hearing within 10 days means losing your driving privileges. In Broward County, where public transportation is limited and most people depend on their vehicles for work, this can be devastating.

During those first 24 hours, one of your top priorities should be contacting an experienced DUI attorney who can immediately request this formal review hearing on your behalf. The hearing gives you an opportunity to challenge the suspension and, in many cases, obtain a hardship license that allows you to drive for work and other essential purposes.

Protect Your Right to Remain Silent

In the moments or hours following your release, you may feel compelled to explain yourself—to the arresting officer who calls with follow-up questions, to investigators, or even to friends and family on social media. Don’t.

Anything you say can be used against you in court. That social media post about “only having two beers” or your detailed explanation to a friend via text message can become evidence for the prosecution. It doesn’t matter if your social media page is private or the person your texting is your best friend. These can be accessed via subpoena. Law enforcement officers are trained to build cases, and seemingly casual conversations can provide them with ammunition.

You have a Fifth Amendment right against self-incrimination. Exercise it. Politely decline to answer questions without your attorney present. This isn’t about appearing guilty—it’s about protecting your constitutional rights.

Document Everything You Remember

While you shouldn’t discuss your case with others, you should write down everything you remember about your arrest while the details are fresh. Your attorney will need this information to build your defense.

Document the following:

  • Where you were coming from and where you were going
  • What you ate and drank that evening (including times and quantities)
  • The reason you were pulled over
  • Everything the officer said and did during the stop
  • The field sobriety tests administered and any physical conditions that might have affected your performance (injuries, medical conditions, footwear, road conditions, weather)
  • Whether you were read Miranda rights and when
  • The conditions at the breath test facility
  • Any witnesses who were present

Don’t rely on your memory weeks or months from now. Create a detailed timeline as soon as possible — while these facts are still clear in your mind. If you haven’t already met with your attorney, have this information ready when you do.

Secure Evidence and Witnesses

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If you are arrested for drunk driving in Fort Lauderdale, one of the worst things you can do is try to navigate the legal system on your own. Even first-time offenders can face severe penalties and long-term consequences – some they may not even realize are at stake – when they don’t have someone who knows the law advocating on their behalf. Fort Lauderdale DUI attorney

More than 32,000 people each year are arrested in Florida for drunk driving, according to the Florida Department of Law Enforcement. An analysis based on data from the U.S. Centers for Disease Control & Prevention indicated there was a 30 percent increase in the Florida DUI arrest rate from 2014 to 2018. Although we don’t yet have statewide data on 2020 DUI arrests in Florida, a report by the National Institute on Alcohol Abuse and Alcoholism indicated alcohol sales spiked sharply during the pandemic (increasing in Florida by nearly 8 percent). That could be linked with an uptick in arrests for DUI.

Our Fort Lauderdale DUI attorneys are committed to helping those accused of drunk driving or impaired driving fight the charges and the most serious repercussions associated with them. Continue reading

A Weston man recently pleaded guilty to killing a pedestrian last year while driving drunk. Bryce Samartino, 23, pleaded guilty to DUI manslaughter in the death of 66-year-old Elourdes Ostange, a mother of 10. beer4

In exchange for entering a plea, as opposed to taking his case to trial, he was given the minimum mandatory sentence of four years in prison. An attorney representing the victim’s family said her survivors expressed their wishes for leniency to prosecutors because this was “a tragedy for everyone involved.”

Although four years is still a substantial amount of time, per F.S. 316.193, the charge of DUI manslaughter carries a maximum 15-year prison sentence – which means the outcome could have been much worse for the defendant. The case is an example of how the express wishes of the victims, as well as other mitigating factors, can play a role in sentencing. This is true whether you choose to enter a plea deal or take your Broward criminal case to trial.  Continue reading

The driver who rear-ended an Oakland Park food truck in September, causing fatal injuries to one of the passengers, is believed to have been under the influence of alcohol, according to investigating troopers with the Florida Highway Patrol. martini

According to a newly-released search warrant obtained by The Sun-Sentinel, driver Joseph Decaro Jr., co-owner of a Bonefish grill in Plantation, told the trooper he was taste-testing holiday martinis with the bartenders just an hour before the crash. Decaro, who has not been arrested or charged with any crime as of this writing, allegedly told the trooper he had left work about a half hour prior to the crash and had nothing to drink a half hour before he left the restaurant.

Authorities say Decaro was operating an F-150 truck when he rear-ended a food truck in which 54-year-old Patsy Jane D’souza was riding. She wasn’t wearing a seat belt and was ejected onto the highway, where she died. The 48-year-old food truck driver suffered minor injuries.

Decaro, 45, of Miami, reportedly told the investigating troopers on scene that he and his staff were instructing bartenders on how to make certain martini drinks to ensure they were properly mixed. As he described it, he consumed, “A sip of this one, a sip of that one. Make another one, sip of this one, sip of that one.” Continue reading

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