Fort Lauderdale DUI defense

July 6, 2016

U.S. Supreme Court: DUI Warrantless Breath Tests OK, Blood Tests Not

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

The U.S. Supreme Court handed down an important Fourth Amendment decision recently in the case of Birchfield v. North Dakota, which dealt with warrantless breathalyzer tests and blood tests, ultimately invalidating implied consent laws that pertain to warrantless blood draws.

Essentially, the court decided that while the government cannot require a person to submit to a blood draw without first obtaining a warrant, the government can require a person arrested for drunken driving to submit to a warrantless breath test.

The case was the result of consolidated appeals from three separate drunk driving arrests in which the defendants were prosecuted – or threatened with prosecution – for refusing to take a blood or breath test. Continue reading

April 9, 2016

DUI, Hit-and-Run Charges for Hollywood Man

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

A Hollywood man has been arrested for DUI and hit-and-run after he allegedly caused a fatal crash and then failed to remain at the scene.

According to The Sun-Sentinel, 53-year-old Gabriel Tommie could be facing up to 5 years in prison.

Officials report defendant was driving a pickup truck in January when he reportedly struck a vehicle at the Stirling Road and South University Drive intersection. The driver of the other vehicle involved in the crash was reportedly injured, but Tommie left the scene. Continue reading

December 21, 2015

Troopers Suspect Drunk Driving in Fatal Crash on I-75 in Oakland Park

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

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.

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