Tag Archives: Port St. Lucie Criminal Defense Lawyers
High Court Rules On DUI Evidence
The Supreme Court of the United States approved measures like Florida’s Refusal to Submit law while issuing more defendant-friendly orders in other areas. Facts and Procedural History Most states, including Florida, are “implied consent” states, which means that drivers agreed to provide either breath or blood BAC samples when they received their driver’s licenses…. Read More »
FSC To Review Refusal To Submit Law
As the national debate over the use and admissibility of DUI evidence continues, the Florida Supreme Court will decide if it is a crime to refuse to take a Breathalyzer test. Under current law, a second or subsequent refusal to provide a chemical sample results in an 18-month driver’s license suspension and a first… Read More »
High Court Throws Out Death Penalty Case
Although the United States Supreme Court is normally deeply divided, almost all the Justices agreed that racial bias during jury selection invalidated a Georgia man’s murder conviction. Facts Foster v. Chatman began in 1986 with the brutal slaying of an elderly woman from Rome. A black man allegedly confessed to the crime. During voir… Read More »
How To Stay On The Road
Losing a driver’s license is often one of the most crippling punishments in a DUI case; in many cases, this loss may be worse than the probation or its conditions, like community service. Fortunately, and contrary to popular myth, license suspension is not necessarily a part of every criminal prosecution. It is always a… Read More »
Circumstantial Evidence in Alcohol-Related Offenses
In most prosecutions, a breath sample creates a presumption of intoxication in a DUI case. This presumption can be overcome by introducing evidence concerning flaws in the test, such as a failure to account for elevated acetone levels, or flaws in the procedure, such as a failure to observe the suspect for at least… Read More »
What To Do When You See Flashing Lights
All 50 states have some form of move-over law among their statutes; these laws are essentially designed to reduce aggressive driving. According to a poll sponsored by the National Safety Commission, 86 percent of drivers are in favor of these laws; additionally, 90 percent of drivers believe that traffic stops are dangerous for police… Read More »
