Articles Tagged with DUI defense attorney Fort Lauderdale

A Florida woman who allegedly rode her horse slowly down a busy highway while intoxicated was arrested for DUI recently. Although Florida is practically infamous for it’s bizarre news, even this seemed a bit over-the-top. Plus, it raises a number of questions about the scenarios in which F.S. 316.193, Florida’s drunk driving law, can be applied. DUI Defense attorney

The law allows penalties for those who “are driving or in actual physical control of a vehicle within the state” and are also either under the influence of alcohol to the extent his or her normal faculties are impaired OR the individual has a blood-alcohol concentration that exceeds 0.08 or more grams of alcohol per 100 milliliters of blood. But is a horse a vehicle? What about a motorized wheelchair or shopping cart or lawn mower or bicycle?

Florida residents have been arrested for DUI for operation of each of these scenarios. And while there is legal precedent that could support a conviction, our experienced Fort Lauderdale DUI defense attorneys recognize there may be ample opportunity to fight for either a reduction of charges, if not an outright dismissal, in these non-conventional DUI arrests.  Continue reading

A Palm Beach County man accused of DUI manslaughter and leaving the scene of a fatal bicycle accident received a sentence of 12 years behind bars, following his conviction on the latter charge this summer. He’d been acquitted of DUI manslaughter, the Palm Beach Post reported. DUI defense attorney

This case was in the headlines for a number of reasons, most obviously because it involved the death of a 65-year-old bicyclist. However, there was more to it. Initially, the defendant’s girlfriend, who had been in the passenger seat, agreed to tell officers at the scene that she had been the one driving. The pair reportedly made the decision due to the fact her boyfriend had a prior conviction for driving with a suspended license, and they knew whatever sentence was to be received was harsh. She spent more than a year on house arrest before providing prosecutors with evidence – both emails and text messages shared between the pair – that indicated his alleged guilt.

The DUI manslaughter charge was a difficult one to prove from the outset because responding officers never tested defendant’s blood-alcohol concentration at the scene of the crash, given that they did not believe him to be the driver. However, a change in Florida law pursuant to hit-and-run crashes means drivers who flee the scene of a deadly crash, per F.S. 316.027, face the same minimum mandatory sentence – four years – as someone convicted of DUI manslaughter, per F.S. 316.193. The change in law was meant to serve as an incentive to possibly impaired drivers to remain at the scene of serious crashes and render aid, as required by law.  Continue reading

Florida’s Fourth District Court of Appeal recently denied Wellington polo magnate John Goodman’s motion for a rehearing in his DUI manslaughter case. However, the court did submit several questions “of great importance” to the Florida Supreme Court. drivein

In Goodman v. Florida, Goodman asked the court to rehear his evidence regarding the testing of his blood following a fatal accident in 2010 that killed 23-year-old recent college graduate Scott Patrick Wilson. Goodman allegedly was drunk at the time of the collision and reportedly left the scene of the crash without calling emergency services. Wilson’s vehicle was later found overturned in a canal, where he drowned.

Goodman had been convicted two years later of DUI manslaughter and failure to remain at the scene of the crash. However, that conviction was later tossed due to juror misconduct and the case retried. Goodman testified he wasn’t drunk, and insists his vehicle malfunctioned and that was the cause of the crash. This was despite the fact that his blood-alcohol level was reportedly more than twice the legal limit some three hours after the crash, according to the testing that was done on his blood. He was ultimately convicted again, sentenced to 16 years in prison and fined $10,000.  Continue reading

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