Articles Posted in DUI / BUI – Drunk Driving

A Jacksonville, Florida, Duval County Court was confronted with a Jacksonville DUI case that involved refusal and recantation of DUI field sobriety exercises. In STATE OF FLORIDA vs. JESSICA MOON. County Court, 4th Judicial Circuit (Case No. 2009-CT-15139), Officer Waldrep of the Neptune Beach Police Department requested that Moon perform Jacksonville DUI field sobriety exercises. She refused and was immediately arrested. “Immediately thereafter, while being handcuffed, defendant agreed to perform the FSEs and begged Officer Waldrep to allow her to do so. He refused to let her do them. Though defendant continuously and repeatedly requested to be allowed to perform the FSEs, Officer Waldrep continuously refused to allow her to do them.”

The Jacksonville court found that Moon’s “retraction of her initial refusal came moments after her refusal, that she was continuously in the presence of the arresting officer, that no inconvenience resulted, and that the results of any FSEs would not have been affected had she been allowed to perform them upon her request to do so.” Since the officer did not, Moon’s refusal could not be used against her in this Jacksonville DUI case. Therefore, the evidence would be suppressed.

In State v. Taylor, the Florida Supreme Court ruled that although field sobriety tests are voluntary, the refusal to submit to them may be admitted in evidence against a defendant if defendant is advised that adverse consequences would result from refusal to perform them only because such refusal may be “probative of the issue of consciousness of guilt.” In Taylor, the Florida DUI Defendant refused to take the Florida DUI field sobriety tests. Not once did Mr. Taylor change his mind and decide to take the tests. Mr. Taylor’s Florida DUI case may have turned out differently if he did change his mind.

In Jacksonville, Florida, a Duval County Court ruled a Jacksonville DUI defendant’s initial refusal could not be used against her, because she recanted her initial refusal only moments later and asked to take the Jacksonville Driving Under the Influence Field Sobriety Tests (State v. Moon).

In a Jacksonville Driving Under the Influence (Jacksonville DUI Case), police officers are looking for “indicators of impairment.” According to the Standard Florida Criminal Jury instruction for Driving Under the Influence:

Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.

Although the actions listed above are indicators of impairment, a person can exhibit these indicators based on other reasons. Therefore, it is important to discuss the facts of your case with a Jacksonville DUI Lawyer. If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact Jacksonville Criminal Defense Lawyer to review your case and make sure your rights are being protected moving forward.

I recently came across a 2001 Hillsborough County, Florida DUI case (State v. Annis) that reminded me a Jacksonville DUI (driving under the influence) case that Law Office of David M. Goldman PLLC had in 2006. We represented a young lady that was charged with DUI in Jacksonville, Florida. She was charged with a Jacksonville DUI based upon the police officer’s observations alone. The police officer noted several “indicators of impairment” and arrested the woman based on the fact that he believed she was impaired and under the influence of alcoholic beverages or a controlled substance.

He took her to the Duval County Jail. At the jail, she submitted to a breath test which detected no alcohol particles. Then, the police officer requested a urine sample, and she refused. She spent the next few days in jail. After we received the case, we presented this Jacksonville DUI case to the Assistant State Attorney assigned to it. Eventually, the State dropped the charges, because there was not enough evidence to convict the Defendant.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact a Jacksonville Criminal Defense Lawyer today.

As a Jacksonville DUI Attorney, I have represented many Jacksonville DUI (Driving Under the Influence) Defendants. The State can charge a driver with DUI based on impairment by alcohol or controlled substances. In order to obtain a conviction, the State must have evidence to prove the DUI. If the State is trying to prove that a Jacksonville DUI Defendant was impaired by a controlled substance, this can be difficult without a urine sample.

In State v. Annis, 8 Fla. L. Weekly Supp. 421d, the police officer testified that he found the Defendant slumped over the steering wheel, passed out, with his car running in an intersection, and seemed totally lethargic. He urinated on himself and was slobbering and incoherent. He arrested him for DUI. The Defendant gave two breath samples with the results of .000 and refused the urine test. The trial court granted the Defendant’s Motion for Judgment of Acquittal (JOA), and the case was dismissed.

The State failed to present enough substantial, competent evidence to prove a prima facie case that the Defendant’s impairment was caused by a controlled substance. The circuit court agreed with the trial court, because the state failed to present evidence from which the jury could exclude every reasonable hypothesis of guilt.

Jacksonville DUI Lawyers will are no strangers to increase in Jacksonville Driving Under the Influence (DUI) cases over the holiday season. Between football games and holiday parties, drinking and driving is bound to occur. While it is not illegal to drink and drive, it is illegal to drink too much and drive. To prevent this from occurring, Triple AAA and Budweiser have teamed up. They are offering a service, during the holiday season, that will transport a driver and his vehicle home. The service is called “Tow To Go.” This service is free for AAA and non-AAA members and is offered in Jacksonville, Florida.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact Jacksonville DUI Lawyer, at (904) 685-1200.

Jacksonville Driving Under the Influence of an Alcoholic Beverages occurs in two situations. First, the State of Florida must prove that the person is driving (or in actual physical control) of a motor vehicle. Second, the State of Florida must prove either the driver (1) was under the influence of alcoholic beverages to the extent that his normal faculties were impaired or (2) had a breath or blood alcohol level of .08 grams of alcohol or higher.

This begs the question: “How much is too much?” The first scenario is the easiest to determine. Normal faculties are your ability to see, walk, talk, hear, and to function normally. Therefore, if a Jacksonville driver’s ability to so if impaired, he cannot legally drive. As for the breath or blood alcohol level, this is a bit tricky. In general, studies show that if a person has one drink (12 oz. beer, 4 oz. wine, or 1 oz. 80 proof liquor), that person should be below .08 alcohol level. However, there are so many other factors involved, such as the person’s size and whether or not the person has eaten. Thus, there is no way to technically determine the blood alcohol level based on consumption alone.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact a Jacksonville Criminal Defense Lawyer today.

A local Jacksonville Driving Under the Influence (DUI) crash case wrapped up today. Sarah Pringle was charged and tried for DUI manslaughter, vehicular manslaughter, and leaving the scene of an accident causing death. The accident occurred on the Buckman bridge in Jacksonville, Florida resulting in the death of a 41-year-old woman. Pringle’s Jacksonville DUI conviction was not based on alcohol impairment. Instead, the State argued that Pringle was impaired by marijuana, pain killers, and anti-anxiety drugs.

Pringle’s Jacksonville DUI Lawyers argued that the state lacked evidence sufficient to lead to a conviction. In particular, they argued that there was no evidence that Pringle’s car made contact with the other vehicle. Pringle was represented by the Office of the Public Defender in Duval County, Florida (pictured in the Florida Times Union). She will have a sentencing hearing on November 9, 2010.

When a driver is stopped and being investigated for Driving Under the Influence of Alcohol or Controlled Substances in Jacksonville, Florida, police officers will often ask the driver to perform field sobriety tests. The driver can decide whether or not he wants to participate in the tests. If he does, the test results and the police officer’s observations will be used against him. If he does not take the tests, his refusal will be used against him if he is charged with Jacksonville Driving Under the Influence (DUI). The Florida Supreme Court has address the issue of field sobriety refusal and the right against self incrimination in a Florida DUI refusal case, State v. Taylor, 648 So. 2d 701 (Fla. 1995).

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact a Jacksonville Criminal Defense Lawyer at 904-615-1200 today.

The Florida Supreme Court has ruled that if a driver refuses to take a field sobriety test, his or her refusal can be used against him or her. In State v. Taylor (648 So. 2d 701 (Fla. 1995)), the Florida DUI Defendant was stopped for speeding. The police officer suspected that he was driving while intoxicated, because Taylor was staggering and smelled like alcohol. Taylor refused to take the Florida DUI field sobriety tests. The Florida Supreme Court held that his refusal did not constitute compelled self-incrimination. Therefore, the Fifth Amendment privilege against compelled self-incrimination was inapplicable. The Florida Supreme Court reasoned that Taylor had a choice whether to submit to the DUI tests or not, the DUI tests were noninvasive, painless, and commonplace, and he was not misled concerning the consequences of refusal of the Florida DUI tests. Furthermore, the court reasoned that the refusal was relevant evidence that showed consciousness of guilt, because Taylor was aware of the purpose of the tests and the consequences of refusal.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, it is important to discuss this Jacksonville DUI charge with a Jacksonville DUI Lawyer. While the Florida Supreme Court in Taylor ruled that the evidence of refusal was admissible, your case may be different, like State v. Moon, a Jacksonville DUI Case.