Articles Posted in Dui

In many instances in which a person is charged with a DUI crime in Florida, it is because they are stopped while driving a vehicle under the influence of alcohol or drugs. If a person is suspected of causing a collision while intoxicated but the police have no proof that the person drove the vehicle involved in the crash, they may seek a warrant to obtain evidence such as blood samples. Recently, a Florida court issued an opinion in a DUI case, reversing an order suppressing evidence obtained via multiple search warrants, and in doing so explained the probable cause the State must demonstrate in order to obtain a warrant. If you are charged with a DUI offense, it is advisable to speak to a seasoned Florida DUI defense attorney to assess your options.

The Accident and Subsequent Investigation

It is reported that a fatal accident occurred at approximately 2:30 am at an intersection in Orange County. The passenger and driver of one vehicle both died due to their injuries. The other vehicle involved in the crash was registered to the defendant, who was sitting in the driver’s seat. He had seat belt burns across his chest, and the passenger of the vehicle stated that the defendant was impaired and drank too much to drive.

Allegedly, the defendant was transported to the hospital, where he refused to submit to a blood draw. The officer investigating the accident obtained a warrant and was permitted to seize a sample of the defendant’s blood. A second warrant was obtained a few days later to allow the office to obtain evidence from the defendant’s vehicle, and a third warrant was issued a month later to obtain a DNA sample from the defendant to determine if it matched DNA obtained from the car. The defendant filed a motion to suppress the evidence obtained from the warrants arguing the police lacked probable cause to seek such warrants. The trial court granted the motion, and the State appealed.

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In order to convict someone of DUI, the State generally must prove the person was driving while intoxicated, which it usually does through the introduction of evidence of the individual’s blood alcohol concentration. Thus, if the police improperly obtained a blood test and the results of the test are deemed inadmissible, the State may be unable to prove culpability. Recently, a Florida court discussed when the results of chemical testing should be suppressed in a case in which the defendant was charged with DUI manslaughter. If you are accused of DUI in Florida, it is critical to retain an assertive Florida DUI defense attorney who will fight to help you try to protect your rights.

Facts of the Case

It is reported that the defendant was involved in a collision that resulted in the death of another person. The police officer investigating the accident believed that the defendant was intoxicated and asked him if he would submit to a blood test. The defendant declined, after which the officer obtained a search warrant that allowed him to obtain two blood samples an hour apart. After securing the warrant, the office obtained two vials of blood from the defendant via a single draw and did not collect a second sample. The defendant filed a motion to suppress the results of the test, arguing the police failed to comply with the warrant. The trial court granted the motion, and the State appealed.

Grounds for Suppressing Evidence Obtained Via a Search Warrant

The trial court relied on established Florida law stating that the purpose of requiring specificity in the description in a warrant of the things to be seized is to prevent general searches. The duty for an officer to explicitly describe the objects that will be taken under the warrant bars general searches and avoids an officer from confiscating one thing when another thing is described in the warrant. In other words, the requirement that a warrant must be particular limits the discretion of the officer that is conducting a search pursuant to the warrant by preventing an exploratory search under a general warrant.

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One mistake shouldn’t rule the rest of your life. But that’s exactly what can happen if you’re convicted of operating a vehicle under the influence (OWI). Having an OWI on your record can make it difficult to find employment, housing, or affordable auto insurance. A driver’s license suspension can also last up to 6 months or even several years!

Here’s what you should do if you’re pulled over on suspicion of drunk driving.

Don’t Panic

Have you or a loved one been recently convicted of a Driving Under the Influence (DUI) offense? If so, you’ll want to read this blog post to learn how your life may change in the coming months. A DUI is a serious criminal charge that can affect multiple facets of your life.

A criminal defense attorney will be able to help you receive the best outcome for your case. A DUI conviction doesn’t have to define your life.

The Impact of a DUI

Who Can File for Wrongful Death in Florida? Attorney
In the state of Florida, the personal representative of the decedent’s estate is responsible for bringing a wrongful death lawsuit. If your loved one recently passed away as the result of another person’s negligence, call one of our wrongful death lawyers as soon as possible. We can help you prove that the other party neglected their duty to the decedent to exercise reasonable care.

If you have any questions regarding wrongful death’s in Florida, please feel free to contact us and we’ll get back to you with an answer as soon as possible.

Q: Who Can File for Wrongful Death in Florida?

How to Prove Wrongful Death After a Car Accident Florida Attorney
It’s unfortunate when a loved one passes away because of another driver’s negligence. We understand that this time is difficult for you and other surviving family members.

However, there is a limited window of time for the decedent’s estate to file a wrongful death lawsuit. Our wrongful death attorneys can help you win compensation for lost earnings, loss of companionship, and other damages.

Continue reading to learn the other ways we can help you prove wrongful death after a fatal car accident.

Cape-Coral-DUI-attorneyEveryone is familiar with that feeling of dread that hits the pit of your stomach when you see the flashing blue and red lights in your rearview mirror. Most, however, are fortunate enough to never experience this same feeling when behind the wheel and under the influence of alcohol or drugs. But, DUIs happen, and the situation can be overwhelming to handle on your own.

Imagine you are pulled over in Cape Coral after a night out with your friends. The police officer suspects you have been drinking, issues a breathalyzer test and arrests you for driving under the influence. You’re taken to jail, facing an unknown sentence and a criminal record.

You miss work, possibly lose your job, and will most certainly have a hard time securing new work with a DUI on your record. At the same time, your personal relationships suffer, your driver’s license is suspended, and all of your personal liberties start to feel like they are slipping away.

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