Jacksonville Criminal Defense Lawyer BlogThis Friday night, the Jacksonville Sheriff’s Office will be conducting a DUI inspection of vehicles (Jacksonville DUI Checkpoint). Jacksonville First Coast News reports that “the safety checkpoint will last for four hours in the 7000 block of Powers Avenue — between University and Old Kings — Friday night starting at 9:30.” Under Florida law, it is well-established that Jacksonville DUI checkpoints must have and follow sufficient guidelines. If this does not occur, the stop may be invalid (Read Florida Court Rules on DUI Checkpoint and Road Block Case and Jacksonville Roadblocks: Are DUI Checkpoints Legal?).
Articles Posted in DUI / BUI – Drunk Driving
Florida Court Declares that Florida DUI Stop was Valid
The Florida Fifth District Court of Appeals heard a Florida DUI appeal and ruled that the stop of the driver was valid. In State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA March 10, 2011), the trial court granted the Florida DUI defendant’s motion to suppress evidence that was seized during a Florida DUI traffic stop.
The police officers saw the car stopped at 4:00 a.m. at a four-way stop for 20 minutes. The driver, Gentry, had his head down. When an officer tried to approach the vehicle, Gentry tried to drive off. Officers followed him and pulled him over. They held him the back of the patrol car when they determined that he did not have a valid license. Police officers searched the car, found drugs, and confirmed that the car was stolen.
The Florida appellate court ruled that an officer is justified in stopping a vehicle to determine the reason for the vehicle’s unusual operation. If an officer observes a vehicle operating in an unusual manner, there may be justification for a stop even when there is no violation of vehicular regulations and no citation is issued. The officer may be determining if the driver is ill, tired, or driving under the influence. In this Florida DUI case, the Florida court held that the officer’s suspicion that Gentry was impaired or ill was reasonable and justified the stop. Since the car was stolen, Gentry did not possess standing to challenge the search of the vehicle (Read Search of a Stolen Car in Jacksonville Vehicle Theft Cases).
Atlantic Beach Florida Bar Manager Dies Due to Alcohol-Related Car Accident, but not Driving Under the Influence
In Atlantic Beach, Florida, a local bar manager was hit by a van. Kathleen Bryson Lamb died two days later at Shands Jacksonville hospital. After the Jacksonville Sheriff’s Office conducted a traffic homicide investigation, they determined that the car accident was related to alcohol. As an Atlantic Beach DUI (Driving Under the Influence) Lawyer, I have represented many drivers charged with DUI in Jacksonville, Florida and the surrounding areas (Atlantic Beach, Neptune Beach, and Jacksonville Beach).
Therefore, whenever I hear about a car crash that is alcohol-related, I assume that the driver is being accused of DUI. However, this was not the cash with Ms. Lamb. She was a manager of Culhane’s Irish Pub in Atlantic Beach, Florida. Reports state that she failed to yield to oncoming traffic and did not cross at the crosswalk. She had a blood-alcohol level of .20 which is over double the legal limit of .08. Police cleared the driver, James Robert Etheridge, and he was not charged with Atlantic Beach DUI or any other criminal offense or civil traffic infraction.
If you are charged with Driving Under the Influence or a Criminal Traffic Infraction in Atlantic Beach Florida, contact Atlantic Beach DUI Lawyer, Chris Walsh at Law Office of David M. Goldman PLLC in Jacksonville, Florida.
Jacksonville DUI Convictions Cannot Be Sealed
Under Florida law, you cannot seal or expunge an arrest record if you have been convicted of a crime. With a Jacksonville Driving Under the Influence (DUI) arrest, if you plead guilty or no contest to DUI, this will result in a conviction. Florida Law does not allow the court to withhold adjudication (conviction) in Jacksonville DUI cases. This will not only affect your ability to seal the DUI arrest, but it will also effect your ability to seal any other Florida arrest.
You cannot seal or expunge a criminal arrest record in Florida if you have been adjudicated guilty (convicted) of any crime. If you have a conviction for Driving Under the Influence in Jacksonville, you cannot have an unrelated crime sealed. For example, John Smith is arrested for battery in 2005. The charges are dropped. In 2002, he was arrested and pled no contest to a Jacksonville DUI charge. Normally, he would be eligible to get his battery arrest expunged. However, since he has a DUI conviction, he is not eligible to get the battery expunged.
Therefore, if you are arrested for Driving Under the Influence in Jacksonville, Florida, it is important for many reasons that you defend the case in the best manner possible. If you are facing Jacksonville DUI charges, contact Jacksonville DUI Attorney.
Ponte Vedra Beach DUI Checkpoints
Ponte Vedra Beach DUI Checkpoints must pass certain constitutional standards. In Florida, two major cases govern the constitutionality of DUI checkpoints: Campbell v. State, 679 So. 2d 1168 (Fla. 1996) and State v Jones, 483 so. 2d 433 (Fla. 1986). The police officers conducting the DUI roadblock must have written guidelines that lay out detailed procedures for them to follow. The guidelines must “set out procedures regarding (1) the selection of vehicles, (2) detention techniques, (3) duty assignments, and (4) the disposition of vehicles.” Jones, 483 So. 2d at 438. Indeed, other Florida cases have addressed this issue such as the Florida Second District Court of Appeals (See
Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008)). For more information about this case, read “Florida Court Rules on DUI Checkpoint and Road Block Case” by Ponte Vedra DUI Attorney.
Florida Court Rules on DUI Checkpoint and Road Block Case
The Florida Second District Court of Appeals reversed a case in 2008, because the Florida DUI checkpoint did not have sufficient guidelines. In
Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008), the police department set forth a plan for a DUI checkpoint. The plan states that every vehicle would be stopped and checked, but if the traffic backed up, the supervisor “would develop a contingency plan either temporarily closing the checkpoint until the traffic cleared or changing the number of vehicles to be stopped.” Id. at 79. This DUI checkpoint violated the guidelines set forth by the Florida Supreme Court, because if left “the vehicle selection procedure to the discretion of a field officer to develop a contingency plan on the spot in the event of a traffic backup.” Id.
The court held that “the State did not show that the operational plan sufficiently limited the discretion of the officers as to the selection of vehicles and, to a lesser extent, the testimony showed that the officers did not strictly adhere to the written plan.” Id. at 80. Therefore, the Defendant’s motion to suppress should have been granted. Id.
Florida District Court Held that Florida Drivers’ Consensual Blood Tests were Admissible Evidence
On January 7, 2011, the Florida Fifth District Court of Appeals released its opinion in State v. Murray and Brink (36 Fla. L. Weekly D88b). In this Florida Driving Under the Influence (DUI) case, Murray and Bring, the DUI Defendants, were street racing and were involved in a crash that killing another driver. The Florida State Troopers responded to the crash. Neither Florida DUI Defendant appeared to be under the influence, and they did not smell like alcohol. They did not have probable cause to request a breath, urine, or blood sample, and they did not have probable cause to arrest. Still, the Florida State Troopers asked if the drivers would be willing to consent to a blood test. Both men consented.
According to Chu v. State, 521 So. 2d 330 (Fla. 4th DCA 1998), Florida’s Implied Consent Law requires submission only to a breath or urine test, and a blood test is offered as an alternative. In this case, since the Florida DUI Defendants consented to the blood test, it was admissible. It did not fall under the Florida Implied Consent Law. The Florida Fifth District Court of Appeals also noted that the holding in Chu sweeps to broadly.
If you have been charged with DUI in Jacksonville, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.
Ponte Vedra Driving Under the Influence (DUI) Cases and Florida’s Implied Consent Laws
Look at your Ponte Vedra Florida drivers license and read the fine print: “Operation of a motor vehicle constitutes consent to any sobriety test required by law.” In essence, the Florida Implied Consent Law states that when a person accepts the privilege of operating a vehicle in Florida, he or she is consenting to taking a breath, urine, or blood test.
If a Ponte Vedra driver is arrested for Driving Under the Influence (DUI) and refuses to submit to a blood test, the Florida Department of Highway Safety and Motor Vehicles will automatically suspend his or her license for 12 months for the first refusal and 18 months for the second. He or she is entitled to a hearing to contest the suspension, but must request one within 10 days of the arrest. Therefore, it is important to act quickly.
Additionally, a second refusal will result in additional criminal charges (Jacksonville Criminal Refusal) being filed, so it is important to speak with a Ponte Vedra Florida DUI Attorney.
St. Augustine Florida DUI Lawyer Shares What Police Look for in Driving Under the Influence Cases
In St. Augustine Florida DUI Cases, police officers look for indicators of impairment. They are looking for certain phyical symptoms that they believe show that a driver is impaired by drugs or alcoholic beverages. The most commom symptoms that they look for are:
- blood-shot, watery eyes;
- a flushed faced;
Search for a Missing Woman Leads to St. Augustine Florida DUI Charge
Police Officers in St. Augustine, Florida received calls from concerned persons regarding a woman named Renee Birchall. As the St. Augustine Beach Police Department was in the process of searching for Ms. Birchall, one of the police officer’s vehicles was rear-ended. Police were suprised to discover that Ms. Birchall was the driver of that vehicle. Local reports stated, “the first arriving St. Augustine police officer who went to check on Birchall said she was sitting in her vehicle drinking from a bottle of vodka.” She was arrested for St. Augustine Florida Driving Under the Influence (DUI).
You do not need a St. Augustine DUI Lawyer to tell you that drinking a bottle of liquor while sitting in your vehicle is a good way to pick up a St. Augustine Driving Under the Influence charge. Likewise, rear-ending a police vehicle will not help your case either. There are some less obvious indicators of impairment that police look for (See St. Augustine Florida DUI Lawyer Shares What Police Look for in Driving Under the Influence Cases).