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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.

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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.

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As a Jacksonville Criminal Lawyer, I find that when defending criminal cases, I often have to practice law as well as psychology. In Florida, if a person has committed a crime, the court must be certain that the defendant is psychologically able to assist in his or her defense and to understand the nature of the crime with which he or she is charged. If a defendant’s competency is challenged, the court must order a psychological evaluation. If the evaluation evidences existence of a mental infirmity, the defendant cannot stand trial and must be admitted to a psychological facility until his or her mental competency has been restored.
Recently, in Jacksonville, Jumar Henry was charged with first degree murder for the murder and decapitating his mother. Jacksonville Judge, David Gooding, ordered the man to a mental health facility to evaluate his competency. If Mr. Henry’s competency is not restored, he will not be tried in court for the crime.

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In some Jacksonville criminal drug cases, police conduct an illegal search and/or seizure. For instance, a police officer may search a person or a person’s home in a manner that violates the 4th amendment of the Constitution. If a Jacksonville illegal search occurs and police find drugs (or other incriminating evidence), that evidence may be suppressed. If the evidence is suppressed, the State Attorney cannot introduce this evidence at trial.

Recently, the Florida Third District Court of Appeal ruled on the legality of a residential search. In State v. Ojeda (opinion filed Oct. 27, 2010), the defendant, Ojeda, filed a motion to suppress marijuana on the grounds that his consent to search the residence was coerced by an unreasonable display of police force. Seven police officers went to Ojeda’s residence. Some officers went to the door and others spread out around the residence. When Ojeda answered the door, a detective stated that he had been given a tip that pot was being cultivated inside the house. Ojeda invited police into the house and stated post-Miranda that he was willing to cooperate with the investigation. Five officers entered the house, and Ojeda signed a consent-to-search form and led to the discovery of a large amount of marijuana.

The court ruled that, unless there is valid consent or exigent circumstances, the police must obtain a warrant to search private property. Therefore, the motion to suppress was granted. The court reasoned that the unreasonable display of police presence outside the residence would have made a reasonable person believe that he had no choice but to acquiesce. There were no exigent circumstances present, and the police should have taken the time to get a warrant.

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In Jacksonville, Florida, people are often arrested for possession of marijuana. In my career as a Jacksonville Possession of Marijuana Lawyer, I have handled hundreds of possession of marijuana cases. In some instances, the defendant is in actual possession of the marijuana (cannabis). In other cases, the defendant is charged with the crime based on constructive possession of marijuana.

Jacksonville constructive possession occurs when a defendant has the ability to exercise dominion and control over the marijuana. The Florida Supreme Court recently heard a case, Petion v. State. In Petion v. State, the defendant was in a vehicle with three other males in it. After searching the vehicle, police officers found marijuana.  The defendant was charged with possession of the marijuana.  The Court ruled that the State must prove that the defendant had knowledge of the marijuana and dominion and control over it to establish constructive possession.  The evidence must rule out that the marijuana belong to another passenger in the vehicle.  Because the State could not prove this, Petion should not have been convicted of the crime. 

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Only days before the landmark decision in the Jacksonville Juvenile case of Graham v. Florida, Jacksonville judge, Elizabeth Senterfitt, sentenced juvenile Daryl Thomas to life in prison without the possibility of parole for armed robbery, a non-homicide felony. In Graham, the United States Supreme Court ruled that juveniles charged with non-homicide felonies cannot be sentence to life without parole. Therefore, Thomas’ case was sent back to Judge Senterfitt to resentence him in compliance with the ruling in Graham. She sentenced him to fifty years in Florida State Prison. The Jacksonville Juvenile Criminal Case will be appealed (Jacksonville.com).

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Jacksonville Child Custody LawyerAs a Jacksonville Child Custody Lawyer, we often have clients in Jacksonville who need help financing the costs of Florida child custody issues. The Orlando Sentinel reported that a father stole air conditioners to fund a Florida child custody battle. A Florida father is in jail after allegedly stealing from neighborhood homes in order to raise money to get custody of his daughter. It may be possible to discuss financing arrangements or borrow money from friends or family so that you can protect your children. It is important to discuss your facts and options with a Jacksonville Child Custody Lawyer.

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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.

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As a Jacksonville Driving Under the Influence Lawyer and a Leaving the Scene of an Accident Lawyer, I have seen many cases that involved both crimes. While most people understand know that both of these offenses are crimes, they may feel to realize the serious ramifications of the crimes. For example, Florida Statute Section 316.027(1)(b) states that any person that leaves the scene of an accident “that results in death while driving under the influence… shall be sentenced to a mandatory minimum term of imprisonment of 2 years.” Sometimes, a driver may not know if a crash is serious, so it is always important to check on the other driver. However, in some cases, a driver may not be able to render aid. Therefore, every case is different and should be analyzed.

If you are arrested for Jacksonville Leaving the Scene of an Accident, contact a Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200.

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In Jacksonville, Florida, 16 people were arrested on Sunday for Jacksonville underage drinking. Not only are the underage drinkers being arrested, but the police are especially interested in cracking down on individuals that give alcohol to underage drinkers. Both Jacksonville underage drinking and selling, giving, or serving alcohol to minors are misdemeanors which are governed by Sections 562.11 and 562.111 of the Florida Statutes.

To read more about Jacksonville Underage Drinking at Jacksonville Jaguars Games, go to First Coast News.

If you have been arrested for Jacksonville Underage Drinking or Selling, Giving, or Serving Alcohol to a Minor contact a Jacksonville Criminal Defense Attorney.

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Jacksonville, FL 32207
Phone: (904) 685-1200
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822 A1A N #310
Ponte Vedra Beach, FL 32082
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