Tag Archives: Port Saint Lucie Criminal Defense Attorney
Common Issues In Weapons Possession Cases
Florida has a very broad concealed weapon law, but it does not apply in all cases. In fact, Section 790.01 infractions, the unlawfully carrying a weapon law, are some of the most commonly-charged offenses in Port St. Lucie. Quite commonly, these cases start with vehicle searches. After just a few questions, officers often arrest… Read More »
Should I Take A Breath Test In Port St. Lucie?
Florida has one of the highest refusal rates in the nation. As many as 40 percent of drivers in the Sunshine State refuse to take chemical tests when they are arrested for DUI. There is a very legitimate debate, even among DUI defense attorneys, as to whether refusal is a good thing or a… Read More »
5 Search Warrant Exceptions In Florida
In major drug trafficking cases, officers usually have search warrants. But in other areas, most notably drug possession and illegal weapons criminal cases, there are no warrants. The evidence that the officers seize may still be admissible in court, under certain circumstances. The Fourth Amendment, and the law that surrounds it, forbids unreasonable searches… Read More »
Circumstantial Evidence In A Florida DUI Case
The conviction rate in DUI test cases is usually quite high, although statistics vary. It is difficult to challenge the Breathalyzer results except in borderline BAC cases, such as a .08 or .09. Moreover, Florida has a per se DUI law. Defendants who have a BAC above the legal limit are intoxicated as a… Read More »
Challenging The Stop In A Florida DUI Case
This exercise is still worthwhile and necessary, even though the Supreme Court has made the task much more difficult recently. Over the last several years, the Justices have handed down a series of decisions that expanded police power. The latest was 2018’s District of Columbia v. Wesby. This case flew under the radar but… Read More »
Why The DUI License Suspension Process Matters To You
When Florida police officers stop drivers on suspicion of Driving Under the Influence, a drivers’ license suspension is almost inevitable. The only way to avoid this outcome is to provide a chemical sample that shows a BAC below the legal limit, and that almost never happens. There is an inevitability to the license suspension… Read More »
St. Lucie Sheriff’s Deputies Bust Marijuana Distribution Ring
Three people are in custody after deputies served a drug search warrant on a Northwest Belwood Circle residence. In the house, investigators seized roughly 316 grams of marijuana, which is enough to make about 1,200 joints. At the time, the marijuana was in clear plastic baggies. Deputies also seized pipes which contained trace amounts… Read More »
Countering The Field Sobriety Tests In A Florida DUI
Like most other states, Florida has a per se driving under the influence law. Defendants who agree to provide chemical samples of breath or blood and have BACs above .08 are guilty almost as a matter of law. But in about 40 percent of these cases, Florida defendants refuse to provide such a sample…. Read More »
Guilty Plea In Martin County Heroin Case
A 60-year-old tire shop owner pleaded no contest to multiple drug charges and is now awaiting sentencing. Prosecutors allege that the man used his East Stuart shop to distribute heroin. To avoid trial, the state’s lawyers agreed to reduce the most serious charge from trafficking in heroin over 28 grams, which carries a mandatory… Read More »
What You Need To Know About DUI Roadblocks In Florida
New Year’s Eve is associated with drinking and driving in the minds of many people. So, during this period and other similar holidays, like Memorial Day Weekend and Labor Day Weekend, Florida law enforcement agencies often roll out DUI checkpoints, hoping to catch drunk drivers in a police dragnet. Mostly because these roadblocks are… Read More »
