Blog

May 20, 2018

Understanding DUI and DUI Manslaughter

“Drunk Driving,” the “Legal Limit,” “Under the Influence,” and Alcohol or “Drugs” Many people believe that you can only be charged with Driving Under the Influence (DUI) if you are driving drunk. This is not true. In Florida, the State must prove you were impaired, not drunk. Impaired means a diminishment, a lessening of your normal faculties. You can even be convicted without impairment if your alcohol level is above the legal limit, whether you are impaired or not. In Florida, the legal limit is 0.08. If the State proves your alcohol level was above 0.08, they need not prove […]
April 20, 2018

Florida Criminal Law: What to Do If You’ve Been Falsely Accused of Domestic Violence

Florida sees its fair share of domestic violence claims and the numbers seem to be rising every year. We are aware that not all of these claims, however, will be based on truth or actual events. Nevertheless, the system must investigate and determine that the claim is not valid. Here’s what you should do if you have been falsely accused of domestic violence. You have the right to remain silent. You may be compelled to “set the record straight” when the police arrive and give them your side of the events. You are not required to do this. In fact, […]
March 20, 2018

Know Your Rights: What Happens if I Refuse a Breath Test in Florida?

“To blow or not to blow?” is a question that DUI attorneys are asked very often. This is not surprising since there is ample discussion on the internet and in the courts about the inherent weaknesses of the approved intoxillyzer instruments and subsequent test results. “Failing” the test comes with the implication that you will be condemned by test results that have been proven to be faulty at times unless you refuse. However, this does not answer the fundamental question: do you blow or do you refuse? The only person who can truly answer that question is you at the […]
February 21, 2018

Panel Recommends Removal of Circuit Judge who Falsely Accused Malcolm Anthony

On Thursday, the Judicial Qualifications Commission (JQC) recommended the Florida Supreme Court remove Circuit Judge Scott DuPont for intentionally making material false statements about his 2016 judicial election opponent, Malcolm Anthony, and his family. For example, he accused Mr. Anthony of:  changing his name to “hide his past,”  being cited for several traffic infractions such as passing a stopped school bus while children were unloading and parking in handicapped spots. He accused Mr. Anthony’s wife of being arrested thrice and his daughter of being arrested 23 times. ALL ACCUSATIONS WERE FALSE, and easily verifiable as false. In its findings, the […]
February 20, 2018

Florida Gun Laws: 5 Things You Should Know About Your Right to Carry a Firearm

You have the right to keep and bear arms. It is the second amendment to the U. S. Constitution, and arguably one of the best known. That being said, however, the right to carry a firearm is also one of the most debated and legislated rights in America. As a Florida resident or even just a visitor here, it is important to take the time to really understand your rights when it comes to buying, owning, and carrying a firearm. Can I Carry a Concealed Firearm in Florida? The short answer is no. It is unlawful and a third-degree felony […]
February 10, 2018

What to Do if You’ve Been Charged with a White-Collar Crime

When watching the typical crime drama on television, one might come to the conclusion that white-collar crimes really aren’t that big of a deal. The individual charged gets a great attorney and is either found innocent or gets in minimal trouble. In real life, however, that is not the case. These types of crimes are taken very seriously by both Florida courts and Federal courts. The only thing that these crime dramas really get right is that you do need to get a great attorney if you want to have a reasonable chance at success! If you have been charged […]
August 21, 2017

Jacksonville Police Officer Faces Serious DUI Charges

Off-duty Jacksonville police officer Carl Edwin Frederick has been arrested and charged with DUI after having been pulled over and registering a blood alcohol content BAC of over twice the legal limit of .08. Frederick admitted to police officers at the scene that he was a “7 out of 10” for impairment. Incriminating factors that led police to suspect Frederick had been drinking were observing blood shot eyes, and more importantly, an open container of alcohol on the front seat of his vehicle. The police were notified of a vehicle driving recklessly veering right and left and jerking back onto […]
August 21, 2017

Tiger Woods and Florida’s DUI Diversion Programs

Recently, Tiger Woods was found at 2:00 am in his Mercedez Benz, unconscious and parked precariously on the side of the road. The car had damage to the right driver’s side although Woods denied having been in an accident. Woods was charged with DUI and blood toxicology testing revealed that he had recently used marijuana, two pain killers, and sedatives. The tests found the active ingredient in marijuana, THC and Woods also had taken Vicodin, Dilaudid, Xanax and Ambien. Woods is expected to take a plea to a lesser charge of reckless driving in return for his entering Palm Beach […]