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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.

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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.

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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.

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Jacksonville Child Abuse Attorneys for the Defense and State were set to try a Jacksonville Aggravated Child Abuse and Second-Degree Murder case on November 29, 2010 before Judge Soud. However, that trial did not take place. Instead, Jacksonville Criminal Defendant, Chaddrick Banks, plead guilty to the murder charge on November 23, 2010. It appears that he entered into a plea deal with the Duval County State Attorney’s Office. He was sentenced to 25 years in Florida State Prison followed by 10 years probation.

Banks Jacksonville Child Abuse case started as an Aggravated Child Abuse arrest, but escalated to second-degree murder when the child died as a result of the injuries she sustained.

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On Thanksgiving morning, Jacksonville resident, Kyle Davis, witnessed a burglary occurring at his next door neighbor’s house. He confronted the burglar and discovered that the burglar was armed with a gun. Burglary to a Dwelling that is in unoccupied is a second degree felony in Jacksonville, Florida. Under the Florida sentencing guidelines, this crime will usually carry a minimum guideline of 21 months in Florida State Prison or higher. Due to the fact that the burglar was armed with a gun, this offense will carry a minimum mandatory sentence of 10 years in prison.

If you have been charged with burglary, contact a Jacksonville Burglary Attorney.

To read more about this story, visit News4Jax.

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As a Jacksonville Criminal Attorney, I have seen minor offenses become major crimes due to a change in circumstances. A prime example of this occurred this weekend in August, Georgia (story: News4Jax). The United States Marines were collecting toys for underprivileged children at a local Best Buy store. A man was caught shoplifting a laptop computer. Assuming that the value of the lap top was greater than $300, this shoplifter would be facing a charge of grand theft, if the theft would have occurred in Jacksonville, Florida. However, the crime escalated when the shoplifter tried to escape. He was confronted by a marine when exiting the store. The marine stopped him, and the man stabbed the marine in the back. Now, the shoplifter will not only be facing grand theft charges. In Jacksonville, Florida, he would be charged with aggravated battery with a deadly weapon.

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A Jacksonville criminal sentence can be concurrent or consecutive. A concurrent sentence it one that runs at the same time as another. Consecutive sentences run one after another. For example, imagine a Jacksonville criminal defendant is convicted of aggravated battery and possession of marijuana. She is sentenced to one year in the Duval County jail on each charge. If her sentence is concurrent, she will serve a total of one year, less any gain time. If she is sentenced to consecutive time, she will serve a total of two years in jail (one year for each charge).

Obviously, a Jacksonville criminal defendant in this situation would seek concurrent sentences. However, there are offenses that may mandate consecutive sentences, such at the 10-20-Life Statute.

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In many Jacksonville Florida criminal cases, the State Attorney must prove possession. Examples of “possession” crimes are possession of marijuana, cocaine, or other controlled substances. There is also possession of a firearm by a convicted felon. Possession can be actual or constructive.

Actual Possession occurs when the Defendant has the item in his hand or on his person, the item is in a container in his hand or on his person, or the object is so close as to be within ready reach and is under the control of the person. Constructive Possession means that the object is in a place that the Defendant has control or in which he has concealed it.

In most criminal “possession” cases, constructive possession is easier to negate. Just because the Defendant is close to the item, this does not mean that he was in possession of it. You must look at the circumstances surrounding the situation to determine if there is constructive possession.

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Possession of a Firearm by a Convicted Felon is a second degree felony in Jacksonville, Florida. As a second degree felony, this crime is punishable by up to 15 years in Florida State Prison. In a Jacksonville Possession of a Firearm by a Convicted Felon Case, it is important to distinguish wether the defendant was in actual or constructive possession of the firearm. If the Jacksonville criminal defendant is in actual possession, there is a minimum mandatory prison term of three years, pursuant to Florida Statute 775.087 (Florida’s 10-20-Life Law). If the Jacksonville criminal defendant is in constructive possession of the firearm, this minimum mandatory sentence does not apply.

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In Jacksonville, Florida, a defendant that commits certain crimes while using a firearm. In 1999, Florida enacted the 10-20-Life Law. The 10-20-Life statute mandates the following minimum mandatory sentences:

1. 10 years in prison for certain felonies, or attempted felonies, in which the offender possesses a firearm or destructive device;

2. 20 years in prison if the firearm is discharged; and

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