In Florida and other states, when the police arrest a a person they suspect is guilty of DUI (driving under the influence), the police will almost always ask that person to submit to a blood alcohol test. First, as many people are unaware, this request and the actual test in…
One of the more common cocktail party questions criminal defense attorneys get asked is whether you can get a DUI while driving a golf cart, or even riding a bicycle. In Florida, the answer is yes. You can be arrested, charged, convicted and sentenced for DUI (Driving Under the Influence)…
In Florida, most DUI cases result from a police officer claiming to observe a person violate a traffic law. The police officer conducts a traffic stop, claims to observe signs of impairment from alcohol or drugs and then initiates a DUI investigation. DUI investigations normally involve various questions about where…
With some exceptions, police officers generally work for a county or city department. In Florida, we do have the Florida Highway Patrol and officers who work for multiple agencies and federal law enforcement officers, but most cases of common crime, like DUI cases, will involve a county or city police…
A recent DUI case near Jacksonville, Florida had a couple of interesting issues. Essentially, a police officer was in his patrol car but out of his jurisdiction. He came across a person riding his motorcycle who had just crashed. She went over to assist and ultimately determined that he had…
In most DUI (driving under the influence of alcohol or drugs) cases in Florida, a police officer will observe a person driving erratically or violate a traffic law and pull that driver over. The police officer will claim to observe evidence that the driver is impaired from alcohol or drugs…
In a recent DUI case in Massachusetts, the state sought to prove that the defendant was impaired from marijuana while driving, thereby rendering him guilty of driving under the influence under that state’s DUI laws. At the trial, the prosecutor had the arresting police officer testify that based on his…
In Florida, there is a law called implied consent. This means that when you agree to accept driving privileges and a driver’s license in Florida, you agree to submit to a breathalyzer test if the police have probable cause to believe you have driven while impaired from alcohol. This does…
The case we wrote about in our previous post was a DUI manslaughter case near Jacksonville, Florida that involved some interesting legal issues. A crash occurred at about 1:00 a.m. involving two vehicles. The victim’s vehicle was forced off of the road into a canal. The defendant initially fled the…
When the police want to search a person’s property, or search a person, they normally need consent from that person or a search warrant signed by a judge. However, that general rule does have exceptions. In most DUI cases, the police officer will request that the subject submit to a…