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Sarasota County Criminal Law Blog

Driver faces DUI charge in Sarasota rear-end crash

When there is a car accident in Sarasota or anywhere throughout Florida, it can be a harrowing experience for all involved. This is made worse when one of the drivers is alleged to have been under the influence and is arrested on drunk driving charges. An accident in which there were serious injuries to the other party can result in hefty penalties if there is a conviction for a DUI charge. Understanding the importance of a defense after allegations of being responsible for a DUI accident is imperative regardless of the circumstances.

A driver who rear-ended another vehicle was arrested for DUI. The accident occurred at around 1 a.m. when a Kia Sorrento driven by a 34-year-old man hit a Kia Optima that was stopped at a red light. The 22-year-old driver of the Optima was critically hurt and taken to the hospital. The driver of the Sorrento suffered minor injuries. When law enforcement investigated, they determined that he was under the influence and arrested him. He faces charges of DUI and causing serious bodily injury.

Can the police give a license suspension for underage DUI?

Florida is serious about stopping drivers from operating their vehicles under the influence of alcohol and will make traffic stops, have checkpoints and use other tactics to catch these drivers. In the summer, when there are more young people out and about, it is likely that some will consume alcohol and decide to drive. Drinking while underage is against the law. Underage drunk driving can lead to serious problems if there is a conviction. In fact, law enforcement has the right to immediately suspend the driver license of a driver who is under 21 and is found to have consumed alcohol. When this happens, drivers should make sure they have a strong legal defense to try and get the driver license back.

When a person under 21 drives and is stopped by law enforcement, the blood-alcohol concentration will be measured and if it is 0.02 or higher, the officer can suspend the driver license. This is done on behalf of the Department of Motor Vehicles. When seeking to determine the driver's BAC, a breath test will be requested. Drivers in Florida are bound by implied consent and must submit to the test if they are asked to do so by a law enforcement officer.

Aggravating factors in a Florida DUI

A DUI charge, on its own, can be bad enough. Potential repercussions can include criminal penalties such as fines and jail time and can also affect your right to drive.

In the presence of so-called aggravating factors, the penalties can increase even more. These factors generally include circumstances that make your offense substantially worse than the basic DUI offense of driving with a blood alcohol content of over 0.08 percent.

Man arrested on drunk driving charges after stop for speeding

When law enforcement in Bradenton and throughout Florida is out on patrol, they are watching for drivers who are possibly violating the law. Often, when there is one legal violation, it is possible that multiple offenses will be alleged after the traffic stop. This could include drunk driving charges. For drivers who are placed under arrest for DUI, having a legal defense against those charges and any other allegations that arise is a key factor in the case. This is even more important when other charges are filed.

A law enforcement officer who saw a Jaguar that was going more than twice the posted speed limit of 50 mph stopped the vehicle and found the driver allegedly under the influence of alcohol. The incident began at approximately 11:43 p.m. when the officer saw a vehicle going very fast behind him. After recording the speed at 110 mph, the vehicle was pulled over.

Florida reality show cast member faces drug charges

There is a continuing debate about marijuana, its dangers and whether it should be fully legalized or not. Some states have taken that step. Florida is not one of them. Since that remains the case, people who are caught with the substance will face an arrest and criminal charges. Depending on the amount of marijuana the person has, those charges can rise to the level of a felony. Considering the potential penalties that come with a conviction of a felony drug charge, it is imperative that the person take the necessary steps to develop a strong legal defense from the start.

A 26-year-old man who is a cast member of an MTV reality show was arrested for drug possession of marijuana. The man, who is on the show "Siesta Key," was under surveillance by law enforcement due to failing to appear when he had a warrant. The man's vehicle was stopped shortly before noon. During the traffic stop, the officer found that the man had a suspended driver's license. He was told that he had a warrant.

What are the penalties for fleeing police in a high-speed chase?

With a traffic stop or an attempted traffic stop by law enforcement in Florida, there is a natural fear for the person who is about to be stopped. This is true even if they do not believe they have done anything wrong and do not have any illegal items in their vehicle. In some cases, the person will decide not to stop and will flee. This often becomes a high-speed chase.

For people who have made the mistake of fleeing law enforcement in a high-speed chase or are accused of doing so, it is important to know the law for these circumstances and what the possible penalties can be so a proper defense can be lodged. When the officer is in an authorized law enforcement vehicle that has markings that make clear that it is such a vehicle and its siren and lights are on, a driver who flees and does so at high speed or in a way that shows a blatant lack of care about the safety of people and property, has committed a second-degree felony.

What are unlawful acts with an ignition interlock device?

For Florida drivers who are convicted on drunk driving charges, one of the potential penalties is that they will be required to place an ignition interlock device on their vehicle. This is done so the person can be monitored when getting behind the wheel of a car, to ensure that there was no alcohol consumption beforehand. Motorists are tested periodically to make sure they have not had alcohol in the interim. For people who need to drive, this is a useful way to be able to do so after a DUI. However, under Florida Statutes ยง316.1937 there are certain acts that are unlawful with the ignition interlock device. Violating them can lead to other penalties.

The person cannot circumvent the ignition interlock device or tamper with it. If the driver has a restricted license and asks another person to blow into the device so the vehicle will start and the restricted driver can then drive, this is against the law. If another person does blow into the device so the vehicle with an ignition interlock device installed and it is done so the vehicle will start, this is a violation.

3 ways to fight against drug possession charges

If there are charges of drug possession against you, you may have a lot of concerns and worries. You may be afraid of how a conviction will affect your life. Not only may you need to deal with fines and incarceration, but a drug conviction may also affect your career aspirations.

Thankfully, it is possible to defend against drug possession charges. If you successfully defend your case, your punishment may be much less harsh or you may not face a conviction at all. Here are some strategies for fighting drug possession charges with the help of a lawyer.

Man sleeping at intersection arrested on drunk driving charges

Not all Florida drunk driving charges are the same, nor do they come about in the same situations. In some instances, there is a traffic stop by law enforcement that leads to drunk driving charges. In other instances, there will be an accident police respond to that leads to drunk driving charges. In still others, there will be a driver who is sitting in his or her stationary vehicle, not realizing that this can be the foundation for drunk driving charges. Those who are facing any level of DUI allegations must remember that there are a variety of defenses that can be used to combat them.

A man whose vehicle was stopped at an intersection as he slept while behind the wheel was arrested for drunk driving. He now faces charges for drunk driving and had a warrant for other legal issues as well. The incident occurred at around 9 p.m. when another person came upon the truck that the 27-year-old driver was sleeping in. The person removed the keys from the ignition and put them on the truck's roof. Law enforcement was called as were emergency services. The man was taken from his truck and brought to the hospital.

Florida driver faces felony drunk driving and other allegations

Floridians who find themselves arrested on drunk driving charges will face a litany of possible penalties if they are convicted. If there are multiple offenses and allegations of felony drunk driving, the penalties can be significant and life-changing. In general, no one will approve of a person getting behind the wheel under the influence. However, simply because there was a DUI arrest and numerous allegations does not mean that the driver is guilty.

A series of incidents in which a driver in a Nissan Rogue is alleged to have fled from law enforcement and rammed a trooper's vehicle while driving under the influence led to his arrest on numerous charges. The man is said to have been driving in the wrong direction on the interstate at around 5 a.m. When troopers began pursuit, he exited the interstate. As a trooper caught up to and passed the driver, the driver ran into the police vehicle. He is also said to have tried to hit other police vehicles. A trooper's car hit the Nissan after which it spun and stopped. The 34-year-old driver was placed under arrest for numerous violations including DUI, causing property damage, operating the vehicle recklessly and other charges of battery on a police officer.

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D. Scott Rieth
9040 Town Center Parkway, Suite 103A
Bradenton, FL 34202

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