Articles Posted in DUI / BUI – Drunk Driving

Simply put, no. Intent is not an element of the offense of DUI and lack of intent is not a recognized defense to DUI. A recent Writ of Certiorari went before the 1st District Court to determine whether it was proper for the trial court to grant the State’s motion to preclude the petitioner from giving testimony and evidence regarding his lack of intent to drive as a defense and to negate his charges of Driving Under the Influence (DUI). This Court ruled the trial courts decision to grant the State’s motion was proper and therefore denies the petitioners Writ of Certiorari.

This petition stems from the criminal DUI trial of Eugene McCosky. At the beginning of the trial the State filed an Omnibus Motion in Limine (basically a motion to limit testimony and evidence pertaining to a certain issue). The State wanted to prevent the defendant from arguing the State was required to prove intent to drive in order to convict him of DUI.

The defendant wanted to argue that on the night in question he had no intention of driving the vehicle, but was just waiting inside with the radio on until a friend came and picked him up. The court granted the State’s motion on the grounds that under Fla. Stat. 316.193, a person is guilty of DUI of the person is driving or in actual physical control of the vehicle… The State argued and the court agreed intent is not an element of the crime charged and although defendants are allowed to argue defenses, intent in this regards is not a valid defense theory under Florida law. Therefore, the defendant’s testimony and evidence would only confuse, mislead, and prejudice the jury.

On Saturday night, a pedestrian was hit by a Chevrolet pickup truck in Jacksonville, Florida on Normandy Boulevard in Jacksonville near Parrish Cemetery Road. Jacksonville reports suggest that a 47-year-old woman named Virginia Kosobud was driving the truck. After hitting 22-year-old Crystal Brown, Ms. Kosobud left the scene of the accident in Jacksonville, Florida, and Ms. Brown died due to her injuries from the Jacksonville accident. Later, Ms. Kosobud was located. Police arrested Ms. Kosobud for Jacksonville leaving the scene of a crashing involving death and driving without a valid driver’s license. It appears that police suspected that Ms. Kosobud was driving under the influence of alcohol in Jacksonville, Florida, because the results of an alcohol test is pending (News4jax).

Because police are waiting for the results of an alcohol test, I am assuming that this case involved a DUI blood-draw. Florida has extensive laws that cover blood-draws in Jacksonville DUI cases. While police may request a forcible blood-draw for a Jacksonville DUI accident that involves death or serious bodily injury, there are certain requirements that must be met first. Therefore, the entire case should be investigated and evaluated. If the blood-draw was unlawful, it may be suppressed. If it is suppressed, it cannot be used as evidence against the Jacksonville DUI defendant.

Middleburg resident, Milton Lee Minier, was sentenced to 10 years in the Florida State Prison. He plead guilty to the charge of Florida DUI (Driving Under the Influence) Manslaughter as part of a plea deal with the Clay County State Attorney’s Office. According to the Florida Times Union (Jacksonville.com):

“Police said Minier drove into a cement wall in the 7900 block of Old Kings Road in the early morning hours of March 6, killing his passenger, 21-year-old Tiffany Manzano of Jacksonville. A sample of Minier’s blood taken shortly after the crash revealed he had a blood-alcohol level of 0.185 percent, more than twice the legal limit, his arrest report said.”

In Clay County, the legal limit is a BAC of 0.08 percent or below. This blood-alcohol level is used as evidence in Clay County Florida DUI trials against the Defendant to help prosecutors prove the crime of Driving Under the Influence. It is important to investigate the DUI case and the circumstances surrounding the blood draw when defending a DUI charge. There could be a problem with the blood draw or the manner in which it was obtained. If you have been arrested for DUI in Clay County, Florida, contact a Jacksonville Criminal Defense Lawyer to discuss your case, make the proper determinations as to mitigation, and to protect your rights during your Jacksonville Criminal Case.

The Florida-Georgia game is the largest football game of the year in Jacksonville, Florida. People begin tailgating around the stadium days before the game. This college football game attracts Florida Gator and Georgia Bulldog fans of all ages. Naturally, this college football game is bound to attract University of Florida and University of Georgia fans alike. Most college students are under 21 years of age and therefore unable to legally consume alcohol. However, this does not stop most of them from drinking. The Florida Times Union has reported that “last year, the Jacksonville Sheriff’s Office and the Florida Division of Alcoholic Beverages and Tobacco wrote 213 citations for underage possession of alcohol during the big weekend.” Many of the police officers will be dressed in plain clothes, so it will be easier for them to find offenders.

This is a Big time for Jacksonville and Visitors alike, but we must make sure the environment stays safe and orderly. Therefore, if you choose to indulge in the festivities and games of this weekend make sure you are of legal drinking age (21 in Florida) and be safe. Everyone wants to have a fun weekend, lets make sure we keep it that way!

However, If you are cited or arrested for an alcohol offense, do not plea guilty or no contest to the Jacksonville criminal charge without first consulting with a Jacksonville Criminal Defense Lawyer. Even if you merely pay a citation, you may be doing something that will later affect your criminal record. Contact a Jacksonville Criminal Defense Lawyer today to discuss your case and determine what we can do for you.

The Florida-Georgia Game will take place on Saturday, October 29, 2011. College students from all over the Southeast will flock to Jacksonville, Florida for one of the biggest tailgates of the year. While, most fans will have the time of their lives, others may end up with a not-so-friendly police encounter. In my experience as a Jacksonville Criminal Lawyer, many people get arrested at the Florida-Georgia game for alcohol-reltated offenses. Many underage college students will consume alcohol, and the Jacksonville Sheriff’s Office is on the lookout for underage drinking. Quite often, the police officer will issue a notice to appear in court to the underage drinker. This is not something that should be taken lightly. It is still a crime in Florida and will go on the college student’s criminal record. Therefore, before taking any action and entering a plea of guilty or no contest, it is imperative that the student discuss the case with an Jacksonville Criminal Attorney.

There are other alcohol-related crimes that occur at the Florida-Georgia game. These Florida crimes includes disorderly intoxication, indecent exposure, trespass, and resisting an officer with or without violence. If you are confronted with a police officer at the game, do not over react and treat the police officer with respect. Your reaction can make things worse. Additionally, you should know your rights. You do not have to speak to a police officer. In some cases, you may give him evidence that he can later use against you. If you are arrested, you should talk to a Jacksonville Criminal Attorney before making any decisions in your case.

The Jacksonville Mayor’s Spokesman, Abel Harding, was arrested for Driving Under the Influence (DUI) on Saturday night. A police officer stopped him for speeding. Thereafter, he suspected that Harding was under the influence of alcohol. The police report stated that he had a strong alcoholic odor and performed poorly on the field sobriety test (News4jax).

As a Jacksonville Criminal Defense Lawyer, I would like to see the other evidence in the case before making a determination. He was only driving 11 mph over the speed limit (55 mph in a 60 mph zone) when he was stopped; he was not driving erratically. An odor of alcohol can be attributed to one or ten beers, so this alone is insufficient. Additionally, field sobriety tests are not easy to perform, so I would like to see if a video exists in order to make my own decision.

If you have questions about a Jacksonville DUI arrest, contact a Jacksonville Criminal Defense Lawyer to review your case and to protect your rights.

On May 21, 2011, Florida Highway Patrol (FHP) arrested Pedro Terrero Leyva for Florida Driving Under the Influence (DUI) causing serious bodily injury, careless driving, and having an open container. Leyva has been accused of hitting an off-duty Florida Deputy, Gary Lee Edwards, and causing a crash that seriously injured Edwards. He was taken to Shands hospital. Since Leyva was charged with Floirda DUI Causing Serious Bodily Injury, he was facing the penalties of a third-degree felony which is punishable by up to five years in prison (See Suwannee Co. Deputy Hurt in Crash).

However, Leyva will face a larger Florida sentencing range. Edwards died at Shands hospital (See FHP: Deputy Hit By DUI Driver Dies). The State Attorney’s Office will likely charge him with Florida DUI Manslaughter, a second-degree felony. In Florida, a second-degree felony is punishable by up to 15 years in prison.

If you have been charged with DUI in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer, to discuss your case and to make sure your rights are being protected.