Category Archives: Criminal Defense
Five Constitutional Rights in Drug Cases
When the Founding Fathers wrote the Constitution, they probably did not imagine the massive police powers that the government would later claim. Over the years, courts used obscure passages like the interstate commerce clause to create law enforcement bodies with powers that were unheard of in democratic states. This same Constitution, however, also guarantees… Read More »
7 DUI Checkpoint Requirements
On holidays like Labor Day Weekend, Treasure Coast motorists often encounter DUI roadblocks. Since these checkpoints allow police officers to circumvent the Fourth Amendment, they are very popular in law enforcement circles. But since they are very expensive to operate, they appear only at selected times. Sobriety checkpoints had been around in one form… Read More »
Enhanced Police Tactics and DUI Stops in Florida
Typically, when officers pull over motorists, they personally observe criminal activity. This activity could have nothing to do with DUI. The “criminal behavior” could be a non-working tail light or an expired registration sticker. Nonetheless, as far as Florida law is concerned, these reasons are valid. But in many situations, such evidence is either… Read More »
The Three Types of DUI Prosecutions in St. Lucie County
In key categories like the number of repeat DUI offenders, the percentage of high BAC offenders, and the number of alcohol-related crash fatalities per capita, Florida statistics are significantly above the national averages. So, prosecutors in the Sunshine STate are very aggressive when it comes to DUI prosecutions. When these cases go to court,… Read More »
Breaking Down the Three Types of DUI Prosecutions
Police and courts have worked for years to reduce the number of alcohol-related crashes. Most of these efforts involve tough new laws, like the per se intoxication law and the refusal-to-submit law. Yet despite these laws, all three kinds of DUI cases are winnable. They each require a different approach. Complete Refusal Most people… Read More »
Winning a Circumstantial Evidence DUI Case in Florida
Prior to 2016, Florida had one of the highest breath test refusal rates in the country. But then, lawmakers passed a refusal-to-submit law. Under Section 316.1932, refusing a lawful request to blow into a Breathalyzer is a separate misdemeanor offense. So, even if a Port St. Lucie DUI attorney “beats” the drunk driving charges,… Read More »
Port St. Lucie Man Exonerated in Fake Drug Case
Police recently discharged eleven individuals who were falsely charged with drug crimes. One man spent over a month in jail for possessing laundry detergent which a deputy insisted was heroin. All the cases were linked to disgraced former Deputy Steven O’Leary. Marin County Sheriff William Snyder said his office still had about eighty disputed… Read More »
What to Expect in a Florida Drugged Driving Case
Many states have very broad DUI-drug laws. For example, in 2016, a California man faced DUI charges because he was allegedly under the influence of caffeine. Prosecutors later dropped the case. But nonetheless, in states like California, it is possible to convict people for driving under the influence on a prescription painkiller, NyQuil, or… Read More »
Challenging The Circumstantial Evidence In A St. Lucie County DUI
If a DUI defendant provides a breath or blood chemical sample, the conviction rate is around 90 percent in many jurisdictions. Although it is not impossible to challenge the evidence in a chemical test case, it is very difficult to do so. But if the defendant refuses to provide a chemical sample, the conviction… Read More »
What To Expect In A St. Lucie County Criminal Case
Agreed plea bargains resolve over 90 percent of the criminal cases in Florida. That proportion has increased considerably since the 1980s. Most cases end the same way, and most criminal cases also follow the same basic procedure. Many cases, such as DUI matters, involve other proceedings as well. For example, most DUIs also involve… Read More »
