Fort Lauderdale DUI

July 7, 2025

The Role of Dashcam and Bodycam Footage in Fort Lauderdale DUI Cases

By The Law Offices of Richard Ansara, P.A.

In today’s digital age, video evidence has become increasingly crucial in DUI cases throughout Florida. As a Fort Lauderdale DUI defense attorney for over two decades, I’ve seen how police dashcam and bodycam footage can dramatically impact the outcome of DUI prosecutions. This technology presents both opportunities and challenges for defendants, and understanding its implications is essential for anyone facing DUI charges in Broward County.

The Double-Edged Sword of Video Evidence

Video footage often reveals crucial details that can strengthen a defense case in ways that written police reports simply cannot capture. Dashcam and bodycam footage can be used to demonstrate:

Improper traffic stops. Florida law requires reasonable suspicion for a traffic stop under Terry v. Ohio and its progeny. Video evidence may show that officers lacked adequate justification for the initial stop, potentially leading to suppression of all evidence under the exclusionary rule.
Field sobriety test irregularities. The National Highway Traffic Safety Administration (NHTSA) has established standardized protocols for field sobriety tests. Video often reveals that officers deviated from these protocols, administered tests on uneven surfaces, or failed to provide proper instructions — all factors that can undermine the reliability of these tests.
Contradictions in police testimony. Officers’ courtroom testimony sometimes differs from what video evidence shows. In State v. Meador, 674 So. 2d 826 (Fla. 4th DCA 1996), Florida’s Fourth District Court of Appeal emphasized the importance of objective evidence in evaluating officer credibility.
Normal Driving Patterns. Dashcam footage from the defendant’s vehicle or nearby traffic cameras sometimes shows normal driving behavior that contradicts police claims of erratic driving or impairment indicators.
Physical Coordination.: Bodycam footage may actually demonstrate that a defendant exhibited better balance, coordination, and cognitive function than described in police reports.

On the flip side, video evidence isn’t always favorable. Prosecutors frequently use officers’ footage to support their cases. Video evidence may show:

Clear Signs of Impairment. Slurred speech, bloodshot eyes, difficulty following instructions, or obvious balance issues captured on camera can be compelling evidence of impairment.
Admission of Alcohol Consumption. Many defendants make spontaneous statements about drinking that are captured on bodycam footage, which can be used against them at trial.
Failed Field Sobriety Tests. When properly administered and recorded, failed field sobriety tests can provide strong evidence of impairment.
Dangerous Driving Behavior. Dashcam footage showing weaving, speeding, or other traffic violations can support the prosecution’s case for impairment.

To Record or Not to Record

Just as officers may record interactions during traffic stops or other police encounters, suspects, defendants and members of the public may do the same. The First Amendment protects the right to record officers in public, as established in Gilk v. Cunniffe, decided in 2011 by the U.S. Court of Appeals for the First Circuit. This principle has been consistently applied by Florida courts as well.

Recording police interactions on your cell phone during a DUI investigation can provide several advantages. Among these: Continue reading

December 3, 2024

Protecting Your Rights After DUI Arrest in Fort Lauderdale Festival Season

By The Law Offices of Richard Ansara, P.A.

South Florida’s festival season is a time of celebration, drawing thousands to events like the Fort Lauderdale International Boat Show, the Riptide Music Festival, Tortuga Music Festival, and The Big Easy Cruise. While these events offer unforgettable experiences, they also bring heightened law enforcement activity, particularly targeting DUI offenses. If you are arrested for DUI in Fort Lauderdale during this festive season, understanding your rights and the unique legal issues at play is crucial to mounting an effective defense. Hiring a Fort Lauderdale criminal defense lawyer can make all the difference when it comes to minimizing the potential and severity of consequences.

Festival Season in Florida Means More Law Enforcement Presence

Prime festival season in South Florida runs from fall to spring, with January, February, and March typically being the peak.

Specifically in Southeast Florida, upcoming festivals include Art Basel in Miami Beach, the Winterfest Boat Parade in Fort Lauderdale, Art Deco Weekend in Miami Beach, the Big Easy Cruise in Fort Lauderdale, the Country Music Cruise in Fort Lauderdale, Groundup Music Festival in Miami Beach, and Ultra Music Festival in Miami.

These festivals take a lot of planning – and there’s a fair amount of coordination with local law enforcement agencies.

As our Fort Lauderdale criminal defense attorneys can explain, police departments recognize that these festivals tend to result in an uptick of alcohol consumption and drug use. Don’t be surprised if you see an uptick in DUI sobriety checkpoints, saturation patrols and the use of mobile breathalyzer units to identify and apprehend suspected impaired drivers. Such measures are designed to promote public safety, but they’re also going to increase the likelihood of DUI arrests. Keep in mind, though, that an arrest does not necessarily equal a conviction. A criminal defense lawyer can help you fight the charges, or at the very least, argue for reduced penalties.

Are DUI Checkpoints Legal in Florida?

Short answer: Yes.

This is a question that comes up a lot during festival season because we have so many visiting from out-of-state, and each state has slightly different ways of doing things. It’s worth noting that the U.S. Supreme Court upheld the legality of sobriety checkpoints under the Fourth Amendment in the 1990 case of Michigan Dept. of State Police v. Sitz, albeit with some protocols aimed at minimizing arbitrary enforcement and intrusiveness. Continue reading

November 6, 2024

Can You Get a DUI Charge Dismissed? Common Defense Strategies of Fort Lauderdale DUI Lawyers

By The Law Offices of Richard Ansara, P.A.

Facing a Fort Lauderdale DUI charge can be an overwhelming experience. But it’s important to remember that an arrest doesn’t necessarily mean conviction. In Florida, DUI charges are serious, with potentially life-altering consequences that include hefty fines, license suspension, and even jail time. However, there are ways to fight these charges. Working with an experienced Fort Lauderdale criminal defense attorney can open up several defense strategies that may lead to reduced charges—or even a dismissal.

Here’s a look at some common and effective DUI defense strategies in Fort Lauderdale and how they might apply to your case.

1. Challenging Field Sobriety Tests

Field sobriety tests, which typically include the “walk-and-turn,” “one-leg stand,” and “horizontal gaze nystagmus” (eye movement test), are often administered by a deputy or police officer at the scene of a DUI stop. These tests are supposed to help law enforcement officers gauge whether someone is under the influence. But they are far from foolproof. In fact, many factors unrelated to alcohol consumption can influence performance on these tests, such as anxiety, fatigue, weather conditions, and physical limitations.

For example, in the case of State v. Bastos, 985 So. 2d 37 (Fla. 2008), the court acknowledged that field sobriety test results could be questioned if the testing environment was compromised or the instructions were unclear. If an attorney can demonstrate that the test was improperly administered, or that external factors made the results unreliable, these test results might be deemed inadmissible in court. An experienced Fort Lauderdale DUI lawyer can thoroughly investigate how the test was conducted and whether it was fair.

2. Questioning Breathalyzer Accuracy and Reliability

Breathalyzer tests are a cornerstone of DUI evidence, but these machines aren’t infallible. Factors such as calibration, operator error, and even the defendant’s physiological conditions (like acid reflux or certain medical conditions) can all impact the reliability of breath test results.

In Robertson v. State, 604 So. 2d 783 (Fla. 1992), the Florida Supreme Court recognized that breathalyzer devices require strict maintenance and calibration to provide accurate readings. Florida law mandates regular calibration of breathalyzer devices under stringent guidelines. An attorney skilled in DUI cases can investigate whether the device used in your case was properly maintained and calibrated. If the breathalyzer wasn’t correctly calibrated or maintained, the attorney can file a motion to exclude the results from evidence, which may significantly weaken the prosecution’s case. Continue reading

October 2, 2023

Can I Really Get a Fort Lauderdale DUI on a Golf Cart?

By The Law Offices of Richard Ansara, P.A.

Golf carts are a way of life in some Florida communities. They’re easy-to-operate, low-speed, agile, and perfect for traversing short distances when the weather is good. That said, it is absolutely possible for someone to get a Fort Lauderdale DUI on a golf cart if they are operating one while intoxicated. What’s more, Florida has become increasingly strict on golf cart operators in recent years, going so far as to raise the minimum age and license requirements in a law that just went into effect.

As our Fort Lauderdale DUI defense lawyers can explain, driving a golf cart under the influence of alcohol or other intoxicating substances is just as illegal as if you were driving a car. F.S. 316.193 indicates that drivers shouldn’t operate “a vehicle” while under the influence of alcohol or drugs. In another statute, F.S. 316.003(108), a “vehicle” is defined as every device in, upon, or by which a person or property can be transported or drawn upon a highway. That’s a broad definition, and it can include not just golf carts, but ATVs, bicycles, mopeds, and even riding lawn mowers.

In F.S. 320.01(22), golf carts are defined as a motor vehicle designed & manufactured for operation on golf courses and/or for sporting and recreational purposes. They aren’t typically made to go faster than 20 mph, and owners aren’t statutorily required to carry personal injury protection insurance or bodily injury liability insurance. Florida law limits golf cart operation to roads with a posted speed of 30 mph or less, though local government entities can pass more restrictive rules. Operators have to comply with whichever rule is more strict.

Just recently in South Florida, a 20-year-old was arrested by authorities in Monroe County for allegedly driving a stolen golf cart while intoxicated down the U.S. 1 highway. (The only time golf carts can be operated on part of the state highway system, per Florida law, is either it’s been designated by the DOT or local government as safe OR if to cross a portion that intersects with a county or city road or trailer park/golf course subdivision that allows golf carts.)

A new law was passed just this year to tighten the rules on golf cart operation. Continue reading

November 1, 2020

Consequences of Florida DUI With Kids in the Car

By The Law Offices of Richard Ansara, P.A.

Recently, a Florida woman was arrested for DUI manslaughter and child neglect after she allegedly crashed her SUV with four children and another adult in the car. One child, her 3-year-old daughter, died.

Although this is a profound loss this mother will grieve the rest of her life, the law does not allow for this alone to be “punishment enough.” Per F.S. 316.193, DUI manslaughter is a second-degree felony charge that carries a maximum prison sentence of 15 years.

Most DUI arrests, even those that involve crashes, do not involve deaths. However, courts in Florida take very seriously DUI cases involving minor passengers under 18, even if no one was hurt. Continue reading