Jacksonville Criminal Lawyer Blog

The Florida Crime of Boating Under the Influence of Alcohol or Drugs

Published on: June 27, 2008 | by Lasnetski Gihon Law

In Duval County (Jacksonville), Florida, there are over 34,000 boats registered. As we approach the Summer months, boating becomes increasingly popular, and the Jacksonville area water ways become more crowded. As a result, boating under the influence of alcohol (BUI) arrests also increase this time of year.

In the Jacksonville, Florida area, there are law enforcement officials, such as the Florida Wildlife Commission, who patrol the water ways in Duval County, Clay County, Nassau County and all of Northeast Florida just like police officers and troopers patrol the roads. And also like police officers on the road, law enforcement officials on the water must have a valid reason to stop a boat. A boat can be stopped based upon probable cause which can arise if a boat is speeding or in violation of the various regulations that apply to boats. A boat can also be stopped for a random inspection related to fishing, equipment, registration or safety.

If an officer suspects that a boat driver is operating the boat under the influence of alcohol, the officer may request a field sobriety test. The field sobriety test is different from the one performed on a vehicle driver. Part of the test can be done on the boat on the water such as the alphabet, horizontal gaze and finger counting. However, other parts of the test should be done on land, such as standing on one leg, placing the finger on the nose and walking a straight line and turning. But there are other factors to consider in the boating context. A boater should be given a period of time after getting off of the boat to acclimate him/herself to land after spending time on the water. Also, these tests are often more difficult if the person is barefoot or in flip flops as supposed to regular, more stable shoes. At some point, in deciding whether to make an arrest for BUI or after a BUI arrest, the officer will make a note of and/or take pictures of any alcohol or alcohol containers in the boat.

In Jacksonville, Florida, How Fast Do You Have to be Driving to Get Arrested for Speeding?

Published on: June 25, 2008 | by Lasnetski Gihon Law

When does speeding result in more than a traffic violation and become a criminal offense that can get you arrested and thrown in jail? It is not clear, but two Jacksonville drivers were recently arrested for allegedly driving well in excess of the speed limit, according to an article on www.Firstcoastnews.com.

In Jacksonville, Florida, there is no standard or law that tells a police officer when to issue a ticket for speeding or when to arrest someone who is speeding. That decision can be made at the discretion of the particular police officer. In this case, two Jacksonville motorcycle drivers were reportedly driving 142 miles per hour in a 65 miles per hour zone on State Road 9A. The Jacksonville Sheriff’s Office officer stopped them and arrested them. The police officer decided that driving at such an excessive speed went beyond the normal conduct that is typically addressed by a speeding citation and actually became reckless conduct which placed the two motorcycle drivers and others in danger of being injured in an accident.

Former Florida Football Star Charged with DUI

Published on: June 24, 2008 | by Lasnetski Gihon Law

Jevon Kearse, who was one of the best defensive players ever to play for the University of Florida, was arrested and charged with driving under the influence of alcohol (DUI) after a traffic stop in Tennessee this past weekend, according to an article on ESPN.com. According to police, Kearse’s vehicle was weaving in the road and speeding which was the basis for the traffic stop. When the officer approached Kearse, police said that his eyes were red and watery, his speech was slurred and he emitted an odor of alcohol. Kearse then performed the requested field sobriety test but refused to take the breathalyzer test. He was then arrested for DUI.

This is a fairly common DUI arrest scenario. When the police see a vehicle weaving and/or speeding in the early morning hours on the weekend, their suspicion of a DUI is raised. Red, bloodshot eyes, slurred speech and an odor of alcohol are classic signs that police look for when deciding to initiate or continue a DUI investigation. Police will then often request a field sobriety test which the driver has a right to refuse. Police will often also request the driver submit to a breath or blood alcohol test which, if refused in Florida, subjects the driver to driver’s license suspension penalties, which are further detailed here on our website.

You Were Arrested for DUI in Jacksonville. How Do You Get a Hardship Driver’s License?

Published on: June 23, 2008 | by Lasnetski Gihon Law

After an arrest for drunk driving in Jacksonville, Florida the police officer is going to take your driver’s license away. If you are otherwise authorized to drive (i.e. your license is not suspended or revoked), the police officer will give you a ticket that will serve as a temporary driver’s license that lasts for 10 days. After ten days after your arrest for DUI, your temporary privilege to drive expires. However, even though your license will be suspended following the ten days after your arrest, you still can apply for a hardship license that allows you to drive in certain circumstances.

After your arrest for DUI in Jacksonville, there is also a procedure that allows you to challenge the suspension of your license with a Department of Motor Vehicles (DMV) officer. You must apply for a hearing within ten days of your arrest.

If that appeal of the suspension of your driver’s license after the DUI is unsuccessful, that does not affect your ability to get the hardship license. The procedure for getting the hardship license is as follows. If you submitted to the breath or blood alcohol test and your blood or breath alcvohol level was 0.08 or greater, you have to wait 30 additional days after the initial 10 day temporary driving period after your arrest to petition for the hardship license. So, on the 41st day after your DUI arrest, you may have the hearing to obtain the hardship license. If you refused to submit to a blood or breath alcohol test, you have to wait 90 days after the initial 10 day temporary driving period to try to get the hardship license. So, on the 101st day after your DUI arrest, you can go to the hearing to get a hardship license.

Financial Identify Theft Crime Examples

Published on: June 21, 2008 | by Lasnetski Gihon Law

Financial identity theft crimes are becoming more common in Florida as people resort to using less cash in favor of credit and debit cards. The following are a couple examples of increasingly common ways people are committing financial identity fraud to obtain the names and numbers on credit and debit card accounts so they can be later used without the cardholder’s authorization.

One method of financial identity fraud is referred to as key logging. It can happen in two primary ways. First, a person will attach a device to a computer through the keyboard port that can document a person’s key strokes when the computer is used. For instance, an offender may attach the device to a computer at a public library. When a victim uses the computer and types information on the keyboard, the offender can come back and remove the device and determine what keys the victim hit while using the computer. Alternatively, software is available that can serve the same purpose. After visiting a certain website, opening an email or getting a computer virus, a computer may acquire software that records a person’s keystrokes and sends the information to another location to be accessed by an offender.

Another method used to commit financial identity fraud is called skimming. This occurs when the offender uses a device that records the information on the magnetic strip on a credit or debit card as well as the information entered on the keypad. The device can be used in places where people swipe their credit or debit cards, such as ATM machines, gas station pumps and other such terminals. It can also be done in the various situations where a person gives a waiter, retailer or other vendor a credit card to be swiped and returned to the customer.

Florida Man Charged with Fraud for Allegedly Lying During Job Application Process

Published on: June 19, 2008 | by Lasnetski Gihon Law

Federal criminal charges were brought against a Florida man who allegedly attempted to obtain a high paying job with forged documents and false information, according to an article at www.Reuters.com. The Florida suspect has been charged with three counts of wire fraud by federal prosecutors after allegedly sending fraudulent documents to a company performing a background check on behalf of the company to which he applied for a job. The fraudulent documents were related to an SEC investigation that the suspect claimed was no longer ongoing. According to federal prosecutors, the suspect created a fake email from the SEC indicating that he cooperated with their investigation and provided valuable information. Federal prosecutors also allege that the suspect claimed that he was the vice president of finance for a Fortune 500 company, although he had been previously fired from that job.

The federal crime of wire fraud refers to any use of interstate wire communications to commit a fraudulent scheme to obtain money or other property. The use of wires encompasses telephone, radio, television and computer networks. Without knowing more about the facts of this case, the allegations of wire fraud likely involve an attempt to obtain money via a well paying job by using email and/or the telephone to transmit fraudulent information. If he is convicted of the wire fraud counts, he faces a maximum of 20 years in prison and a $250,000 fine.

Florida Police Officer Charged with DUI

Published on: June 18, 2008 | by Lasnetski Gihon Law

A law enforcement officer was charged with driving under the influence of alcohol (DUI) after he was found passed out in his truck which was stopped in the road, according to an article at www.News4Jax.com. The officer was given a field sobriety test which he reportedly failed, and was then arrested for DUI.

One question in the DUI context that may arise from this arrest is how a person can be arrested for drunk driving, or DUI, when he is not even driving the vehicle. In other words, does a person have to actual drive the vehicle to be arrested and ultimately convicted of a DUI defense? The answer is no. A person can commit a DUI if he/she is driving the vehicle when his/her normal faculties are impaired or with a blood or breath alcohol level of 0.08 or higher, or if he/she is in “actual physical control” of the vehicle. “Actual physical control” means the person has the capability to direct the vehicle even if he/she is not doing so around the time of the arrest. So, if a person is in the driver’s seat of a stopped vehicle with the keys in the ignition, that person may be at risk of a DUI arrest even if the person is not driving. If the vehicle is stopped in the middle of the road and the driver is passed out, as reported in the article referenced above, the risk of a DUI arrest increases.

Florida Residents Convicted of a Felony Retain the Right to Vote

Published on: June 16, 2008 | by Lasnetski Gihon Law

Previously, if you lived in Florida and were convicted of a felony crime, you lost your right to vote. With the presidential election approaching along with several local Jacksonville, Florida elections, it is important for people who have been convicted of a felony crime to be aware that you now can have your right to vote restored.

If you have been convicted of a felony in Florida and would like to restore your voting rights, you can visit the website for the Duval County Supervisor of Elections or find your local Florida Supervisor of Elections website here or go to www.Restoremyvote.org.

Jacksonville Store Looking for Notorious Shoplifter. What Stores Look for to Identify Shoplifting.

Published on: June 15, 2008 | by Lasnetski Gihon Law

A Jacksonville (Duval County), Florida woman is a known criminal who shoplifts at various department stores. She was most recently seen stealing items at a Target store on Monument Road in Jacksonville, Florida, according to an article on www.Firstcoastnews.com. Department stores in Florida and across the country lose a significant amount of money to shoplifters every year. As a result, they have taken steps to identify and arrest shoplifters before they can leave the store with the merchandise. Department stores now often have elaborate video surveillance, scanners that detect when a stolen item is leaving the store and undercover loss prevention officers inside the stores looking for potential shoplifters.

What signs do loss prevention officers and police officers look for to identify a shoplifter? There are several characteristics that shoplifters exhibit when they are in a store looking for something to steal. Loss prevention officers look for people who appear nervous and avoid eye contact with others, who wander around the store without buying anything, who leave the store and return within a short period of time, who linger in areas that are difficult to see, who keep looking around for people watching them and who come into the store with loose clothing, a big bag or other containers that can conceal a stolen item.

Federal Crimes Sentencing Guidelines Changed Regarding Crack Cases

Published on: June 14, 2008 | by Lasnetski Gihon Law

In March, federal sentencing guidelines, which help a judge determine what kind a sentence a person will get after he/she is arrested and convicted of a federal crime, were changed as they apply to crack cocaine related crimes. Prior to the change, a person arrested and convicted for possessing a small amount of crack would receive the same sentence as a person arrested and convicted for possessing a much larger amount of powder cocaine. The old sentencing guidelines were criticized since most people arrested for crack related crimes were African-American while most people arrested for cocaine related crimes were white. One of the original justifications for the disparity in sentencing between crack and cocaine related crimes is that government officials found that people arrested for crack related crimes were more likely to also commit a violent crime.

According to the U.S. Sentencing Commission Preliminary Crack Cocaine Retroactivity Data Report published in April of this year, 3647 inmates convicted of a crack related crime have applied to have their sentences reduced, and 3,075 of them have been successful. The Middle District of Florida, where Jacksonville is located, had the 5th highest number of prison inmates convicted of a crack related crime apply for, and have granted, a reduction in their prison sentence. Inmates in the Middle District of Florida who had their sentences reduced did so by an average of 19.4%.