DUI / BUI - Drunk Driving Category Archives — Page 5 of 12 — Jacksonville Criminal Defense Lawyer Blog Published by Jacksonville, Florida Criminal Defense Attorneys

March 19, 2012

Woman Arrested for DUI Following Bike Week

Florida Highway Patrol (FHP) arrested 77 year old Barbara Dunn for DUI after crashing into a group of Bikers. According to the report, Dunn was driving North on Oceanshore Blvd. when she swerved into the Southbound lanes. Once heading in the wrong direction, she struck a group of bikers heading South. Unfortunately, one biker died as a result of the accident and two others were injured. Dunn is currently in Volusia County Jail for a DUI charge.

As a Jacksonville Criminal Defense Lawyer this story comes as no surprise. Last weekend was a big weekend all around Florida; especially in Daytona. In Daytona Bike Week was wrapping up and St. Patrick’s Day celebrations were occurring as well. It was a time of fun, sun, drinks, and more. But, some, like Dunn, over indulge and take to the wheel. Driving under the influence is a Criminal Offense and can hold some severe penalties. As a Jacksonville Criminal Defense Lawyer I can assist you in your defense and make sure your rights are being protected along the way.

Driving under the Influence happens, but sometimes the Officers get it wrong. Was the breathalyzer broken or malfunctioning? Was there another reason you did not perform well on field sobriety test? Did you refuse the test? What evidence does the State have against you? All these questions and more can be answered by a Jacksonville Criminal Defense Lawyer during your initial FREE consultation. As a Jacksonville Criminal Defense Lawyer I can make the determinations as to what defenses apply and make sure your rights are being protected. Therefore, if you or a loved one are facing a Florida DUI, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your Florida Criminal Case.

March 17, 2012

Happy St. Patrick’s Day Jacksonville!! Remember DUI is a Criminal Offense

by David M. Goldman

Jacksonville, its St. Patrick’s Day, a time of celebration and all things green! But remember that driving under the influence can lead to both civil and criminal liability. So, lets make this St. Patrick’s Day safe and enjoyable for everyone. Don’t Drink and Drive!!

As a Jacksonville Criminal Defense Lawyer, I can tell you that driving under the influence will open a person to both criminal and civil penalties. Furthermore, drunk driving is the most preventable Jacksonville criminal offense. That is why Budweiser and AAA have come together to get Jacksonville home safely this St. Patrick’s Day. Their program “Tow to Go” will send a tow truck to your location and take both the driver and his or her vehicle to their home; safely. The best part is that it is a completely FREE service!

The number to call is 1-800-AAA-HELP.

March 16, 2012

St. Paddy’s Day Brings Stronger DUI Enforcement by FHP

by David M. Goldman

Florida Highway Patrol (FHP) has been stepping up their DUI enforcement in Jacksonville, Clay, St. Johns, Nassau, and else where this week leading up to St. Paddy’s Day on Saturday. The FHP and other law enforcement agencies are joining the national campaign of “Drive Sober or Get Pulled Over” that has been geared to reducing the amount of accidents and injuries from reckless, speeding, or negligent drivers.

This National Campaign stems from Florida accident reports of 2010. During that year, there were approximately 18,000 alcohol-related accidents in Florida alone. As a result of those accidents almost 800 people lost their lives and another 12,000 suffered injuries.

Jacksonville residents and residents in the surrounding areas, as you head out this weekend, remember not to drink and drive. It could be the difference between a hangover and a Jacksonville Felony Charge. Therefore, if you find yourself facing a Jacksonville DUI or other Criminal Offence, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the proper approach in moving forward.

February 24, 2012

I was Caught Boating Under the Influence (BUI), What can I do?

by David M. Goldman

In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville’s boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, “I was caught boating under the influence (BUI), what can I do?”

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person’s normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver’s license suspension. However, it will suspend your boating privileges.

February 23, 2012

Underage Drinking and Those Who Serve Them

by David M. Goldman

Jacksonville is filled with Community Colleges and the University of North Florida. Not to mention the very active nightlife Jacksonville downtown and the beach area can provide. With this active nightlife comes numerous bars and drinking establishments were a person could go to find a goodtime. Unfortunately, those goodtimes are not always engaged in by patrons who are of legal age to drink. Children today are leaving the home at 18 years old and believing their bulletproof head to the local bar for a drink or two. However, these underage drinkers can end up it a whole lot of trouble when the police discover their illegal activities. Furthermore, their criminal activities and penalties do not just end with the child, but those who served alcohol to the child could be held liable as well. In Jacksonville, Florida Statutes § 562.111 and § 562.11 regulate the underage drinking and those who serve them.

Under Florida Statute § 562.111, which regulates the possession of alcoholic beverages by persons under 21 states, “it is unlawful for any person under the age of 21 years old…to have in his/her possession alcoholic beverages.” If the person were to be found guilty of the charges would face a misdemeanor of the second degree. A misdemeanor of the second degree holds a penalty of up to 60 days in jail and/or fines not to exceed $500.00. In addition to criminal penalties, the DMV will be notified and the person, if under 18 years old, could face his/her license revoked or suspended for at least 6 months and not to exceed 1 year.

Also, Florida Statute § 562.11, regulates the selling, giving, or serving alcoholic beverages to persons under 21. The statute reads, “it is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 OR to permit a person under 21 to consume such beverages on the licensed premises. If convicted the person would face a misdemeanor of the second degree; which hold a penalty of up to 60 days in jail and/or $500.00 in fines. In addition to criminal penalties, the DMV will be notified and the person, if under 18 years old, could face his/her license revoked or suspended for at least 6 months and not to exceed 1 year.

February 14, 2012

Jacksonville Criminal Defendants and Miranda Warnings

by David M. Goldman

Crime can happen anywhere in Jacksonville and can happen to anyone, but just because you have been arrested for an alleged Jacksonville Criminal Offense does not mean you don’t have rights. The right I want to bring to the attention of Jacksonville Residents today is one’s rights under Miranda v. Arizona, 384 U.S. 436 (1966). These rights are more commonly referred to as your “Miranda Warnings.”

Under your Miranda Warnings, upon arrest and taken into custody, the police must notify the criminal defendant of the following rights:

The right to remain silent

February 3, 2012

Can You be Charged with DUI on a Zamboni?

by David M. Goldman

As a Jacksonville resident and Hockey fan, I have seen many a Zamboni driver resurface the ice at a rink. But, this is a first for me. A local Zamboni driver in Minnesota was recently arrested on the suspicion of driving under the influence (DUI). Although located outside of the state of Florida the DUI laws are similar in many aspects.

According to the reports, the hockey coach of a local PeeWee team notified the police of the erratic behavior. The notification to the police was made after parents, players, and spectators witnessed the Zamboni driver weaving, running into the rink, and taking extended amount of time to resurface the ice. When the police arrived, they conducted a Field Sobriety test; which the Zamboni driver failed.

Florida’s DUI laws are governed by Statute. Florida Statute § 316.193, which defines DUI as driving or in actual physical control of a vehicle within this state and the person, is under the influence of alcoholic beverages…[with] a BAC of 0.08 or more. The penalties range depending upon number of convictions and other aggravating factors. This is a peculiar case, as in the motor vehicle is a Zamboni, occurred in an enclosed area, and on ice. However, the statute just requires a “motorized vehicle” and driving or physical control.

January 15, 2012

Italian Cruise Ship Sinks Resulting in Captain’s Arrest

by David M. Goldman

The captain of an Italian cruise ship was arrested and will be facing several charges. Francesco Schettino and hist first mate, Circo Ambrosia face potential charges of manslaughter and abandoning ship.

According to the New York Post:

“Prosecutors said the ship had been gliding extraordinarily close to the island of Giglio, off Tuscany, when it slammed into the rocky spur in ‘an awkward way.’ Some passengers charged that at the time of the crash, 9:45 p.m. local time, the captain was hanging out with elegantly dressed vacationers in the main dining room and that his crew hogged the lifeboats to save themselves… By the time the captain got around to ordering an evacuation, about 100 terrified passengers had taken matters into their own hands and were already bobbing up and down in the freezing Mediterranean Sea.”

January 6, 2012

I have a DUI, What do I do?

by David M. Goldman

As the New Year begins, some Jacksonville residents may be in a position that was not anticipated as they went out for their New Year’s Eve Celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an “implied Consent Law.” Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

January 3, 2012

What Happens to the Person who put up the Bond for someone that does not return to Court?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer many Criminal Defendants are out on bail. Bail comes in many forms and is determined by the judge during the initial appearances of the defendant. Furthermore, a bail can be set in a monetary amount, ROR, or surety. But, what happens if bail is paid and subsequently the Jacksonville Criminal Defendant does not appear at the required court hearing?

Florida Statutes Chapter 903 specifically deals with all matters relating to Bail. The Statute of particular importance in this blog is § 903.26 “Forfeiture of the bond…” According to the Statute, a bond can be forfeited for a breach of the conditions set forth in the bond and/or failure of the Defendant to appear at a required Court hearing. Failure of a Defendant to appear at a required Court hearing can have serious adverse consequences in your pending Jacksonville Criminal case. Additionally, up failure to appear the Court will issue a capias or a bench warrant for your arrest. A warrant will only compound the Criminal issues that are presently before you.

What about the person who paid the bond for your release? They will not have criminal or civil charges brought against them, unless they aided or assisted in your bail jumping. However, they will have lost the amount of money given to the Courts guaranteeing your return. This can be a substantial loss for some. It could mean the loss of your home, car, or a large sum of money. My advise for those who decide to post bail for another, make sure the Jacksonville Criminal Defendant is going to return to court before deciding to post their bail. It will not benefit either party if the Defendant does not return to Court.