Most DUI cases start with a police officer observing a suspect driving a vehicle in an erratic manner or at least in such a way that one or more traffic laws are violated. This allows the police officer to stop the driver and have an encounter. However, occasionally, we see…
In Florida, many DUI investigations and arrests begin with a simple traffic stop. Sometimes the police officer suspects the driver is driving under the influence of alcohol before he/she makes the traffic stop and sometimes the police officer claims to develop suspicion after making contact with the driver. Police officers…
In Florida, the police generally cannot search a person’s vehicle without consent, a search warrant or specific indications of illegal activity occurring within the vehicle. However, police can often come up with certain observations that allow them to search a person’s vehicle under certain circumstances. In a recent case near…
As a criminal defense firm in Jacksonville and Orlando, we often get asked the question, “Should I take the breath test if I’m stopped for DUI?” While this is a very specific question, we always give a wider answer. When someone is pulled over, it is usually for a traffic…
In Florida, it is a misdemeanor crime to drive a vehicle if your driver’s license has been suspended. The Florida Department of Highway Safety and Motor Vehicles can suspend your driver’s license for a variety of reasons – a DUI arrest, failing to pay traffic tickets, a possession of marijuana…
As people in Jacksonville, Florida and along the east coast know, there was a lot of discussion about Hurricane Joaquin last week and the various paths it might take. Some meteorologists had Hurricane Joaquin partially contacting the east coast of Florida while others predicted that it would pass well east…
As most people with a basic understanding of the criminal justice system understand, the state always has the burden of proof in a criminal case. That means the state is obligated to prove, with evidence, that the defendant committed the crime with which he/she is charged. A person is always…
That is sort of a convoluted title, but the issue is when police can arrest someone for resisting an arrest. In Florida, resisting arrest can be a misdemeanor or felony charge in Florida. It is a misdemeanor if a person resists arrest without violence; it is a felony charge if…
One thing people in Florida do not always realize is that driving is considered a right, not a privilege. This does not mean that the DMV in Florida is going to withdraw drivers’ licenses for no reason, but it does mean that when the DMV does revoke a person’s driving…
In Florida, there are a lot of drug cases and gun cases that involve the concept of constructive possession. Actual possession is when the police find a gun or drugs on a person i.e. in his pocket, in his hand, in his waistband, sees him throw the drugs on the…