DUI lawyer

Goodman May Be Released After Appealing Conviction

Andrew Stine — Fri, 11 May 2012 14:17:54 GMT

Many people have been following the John Goodman DUI Manslaughter case almost as avidly as they followed the Casey Anthony case. Goodman was convicted in March of killing 23-year-old Scott Wilson in a car crash, he trudged his way through and arduous court process leading to conviction and controversy. Then, Goodman's defense lawyers made several claims that the conviction should be overturned because of jury misconduct. Now, after the hearing and questioning of the jury, the judge may release Goodman while he appeals his conviction.

John Goodman Sentencing

Goodman is scheduled to be sentenced today for a DUI Manslaughter conviction. Viewers can watch the sentencing hearing live when it begins. According to Florida law, Judge Colbath is actually able to release Goodman on bond after he has been sentenced - which is exactly what his criminal defense lawyers are pushing for.

Jury Misconduct

According to an article in WPTV News, Juror Dennis DeMartin, who wrote and self-published a book about Goodman’s trial, will return to court for a 'supplemental interview' before the sentencing hearing begins. He will be asked questions about the allegations of jury misconduct relating to his book. His answers may very well affect Judge Colbath's actions.

Goodman’s defense attorneys submitted 13 potential questions to the court Thursday that they plan to ask DeMartin during today’s interview, which is set to begin today at 1:59 p.m.

According to the article, DeMartin's book details an experiment he did to better understand how much Goodman might have had to drink the night he crashed his car into Scott Wilson. The experiment included that he drank three vodka and tonics between 9:00-10:00 p.m. the night before the verdict, and became disoriented walking around his apartment complex as a result.

In chapter 9 of DeMartin’s book, he writes, "When the alarm went off the next morning, I got up and felt relieved. The question in my mind the night before was answered to me. Even if a person is not drunk, 3 or 4 drinks would make it impossible to operate a vehicle. I got dressed and was in a fine frame of mind to go deliberate the evidence we had,” according to WPTV News.

Judge Colbath had specifically told the jurors to make their deliberations solely based on the evidence presented in the courtroom. DeMartin's experiment may be seen as a direct violation of the judge's orders, and could be ruled as jury misconduct.

Prosecutors filed a sentence recommendation Thursday, asking Judge Colbath to sentence Goodman to 20 years in prison.

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Grandparents in Sarasota Charged with Child Endangerment

Andrew Stine — Wed, 02 May 2012 11:52:00 GMT

Two Sarasota grandparents have been arrested charged with child endangerment, the charges also involve alcohol. Many times, child abuse, child neglect, and child endangerment often involves alcohol or drug abuse. When authorities are called to confront a set of parents or guardians, it's usually because a relative, teacher, or some sort of witness has personally seen the child's parents abuse or neglect the child. Often times the abuse or neglect only happens with alcohol. This can be a very tricky situation because the parents or guardians feel they have not done anything wrong.

Grandparents Charged with Child Endangerment

According to an article in WPTV News, two Florida grandparents have been arrested after police say they hooked their granddaughter's plastic toy car to their SUV and gave her a ride. A Sarasota County deputy said he spotted the 7-year-old wearing a bathing suit and no helmet as she was towed behind the SUV Sunday. Her toy car was tied to a trailer hitch with dog leashes. She was not harmed.

The Sarasota Herald-Tribune reports the vehicle was traveling less than 10 mph. Paul Berloni, the grandfather, was charged with driving under the influence, child endangerment and driving with a suspended license. Belinda Berloni, the grandmother, also faces a child endangerment charge. Both admitted they had been drinking. Belinda said they were just having fun and had been towing the child all day.

The couple remained in jail without bail.

Criminal Defense

If you have been arrested and charged with a DUI with a minor in the vehicle, the charges are much more serious than if you had been in the vehicle alone. This is a charge that is not taken lightly by the court and you are going to need all the experienced help you can get from a criminal defense lawyer. Call a DUI Lawyer immediately after your arrest.

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Judge in John Goodman Case Asked to Step Aside

Andrew Stine — Fri, 27 Apr 2012 13:04:12 GMT

John Goodman, founder of the International Polo Club Palm Beach, was found guilty of DUI Manslaughter and Vehicular Homicide in March of this year. While his case seemed to be resolved, his criminal defense attorneys were continuing to attempt to change the fate of Goodman's case by accusing several of the jury members of misconduct. This case continues to complicate, while Goodman still sits in a cell, convicted of drunkenly hitting another person's vehicle, sending that car careening into a canal where the victim drowned.

Jury Called in for Questioning

According to a previous post, the possible misconduct concerns were spelled out in a 77-page document and defense attorneys say they came from a fellow juror. Goodman's attorneys say that juror said members of the jury panel, throughout the trial, disobeyed instructions from the judge and talked about the case when they were not supposed to. The potential of jury members having tainted the case by talking about it when they were supposed to could have jeopardized the outcome of the trial, and possibly even Goodman's conviction.

Judge Asked to Step Aside

Apparently the case is becoming even more complicated because according to a WPTV News update, Goodman's defense attorneys are accusing circuit Judge Jeffrey Colbath of not tell them that Toni May, a former television host and executive director of South Florida Today on WXEL-TV, wrote him a letter in which she said she overheard a juror raise worries over possible jury misconduct at a Palm Beach Gardens restaurant the day after Goodman was convicted, before the judge agreed to interview jurors about the allegations, according to WTPV News.

The attorneys are asking for the court's "disqualification and reassignment" of the case, so that all of these potentially outcome-altering variables can be addressed.

Judge Colbath has recently denied a request for a new trial.

DUI Defense Attorney

If you choose to drink and drive, you are risking serious felony charges that will change the course of your life forever. Contact a DUI criminal defense lawyer immediately after your arrest to begin proactively putting together a strategy to represent your side of the story as quickly and effectively as possible.

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Need a DUI Lawyer?

Andrew Stine — Mon, 12 Mar 2012 16:03:00 GMT

A DUI conviction is something you cannot afford. In addition to restricting your driving privileges for 6 months to a year for a first offense, a DUI conviction will haunt you for the rest of your life on your criminal record. Landlords, employers, and anyone else performing a background check on you will see your DUI conviction. Being convicted of a DUI can completely hinder the way you life your life. A criminal defense lawyer is the best resource to have if you have been arrested for drinking and driving. There are many defenses against a DUI charge and only an experienced DUI lawyer can put them into motion effectively.

Driving Under the Influence Laws

It is critical to understand the law and the potential consequences you will be facing if you are convicted of a DUI. A criminal defense lawyer can further explain the potential consequences specific to your case. For most first offenses, your driver's license will be suspended from 6 months to 1 year. You could be facing fines anywhere from $250 - $1,000. If your blood-alcohol level (BAL) was over .20% or you had a passenger in the vehicle under the age of 18, the potential fines increase dramatically. You will also be facing jail time of up to 6 months (9 months if your BAL was over .20% or an underage passenger was in the vehicle.

Finding a Lawyer

Finding the right DUI lawyer for your case can be difficult because there are so many options out there. If you have been arrested and charged with a DUI, an experienced criminal defense lawyer can help you get a hardship license so your driving privileges are not completely revoked. It is important to find a lawyer who's expertise lies in DUI cases. For example, Andrew D. Stine understands the inconsistencies of the breathalyzer tests used here in Florida, which can be a viable defense. Make sure you find the right lawyer for you, someone who can actually help you pull through this situation with the least amount of damage.

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Assistant City Attorney Fired After Drinking and Driving Incident

Andrew Stine — Fri, 09 Mar 2012 05:15:00 GMT

In February, there was a significant incident involving the Assistant City Attorney Gabrielle Taylor and the city of Port St. Lucie that resulted in the termination of her career. On February 24th, I had posted about Taylor and how she had completely avoided a field sobriety test and a breathalyzer test after being pulled over on suspicions of drinking and driving. Instead of performing these tests which potentially could lead to an arrest, the officer on duty actually gave the attorney a ride home. The actions taken by law enforcement has caused an series of arguments and questions directed at city officials.

Drinking and Driving in Port St. Lucie

According to an article in WPTV News, Mayor JoAnn Faiella confirmed Thursday that Assistant City Attorney Gabrielle Taylor has been fired after her alcohol-related incident in February. Despite the announcement, City Council is moving forward with a meeting to question city and police officials regarding Taylor's suspicious traffic stop.

According to the article, Taylor, 45, was stopped by Officer N. Lovechio after she was seen speeding at 60 mph and swerving eastbound on Port St. Lucie Boulevard and northbound on U.S. 1, according to a memo written by the officer. It states Lovechio could smell the odor of alcohol as he approached Taylor's car, and when he recognized the assistant city attorney, he noticed her speech was slurred and her eyes bloodshot.

Although the memo states Lovechio believed Taylor was impaired due to alcohol, she was not given a field sobriety test nor was she cited or arrested. Instead, a police officer drove her home.

Orr has been publicly criticized by some residents for hiring Taylor despite her work history, which shows she left two previous jobs after alcohol-related incidents, according to public documents and newspaper reports. In 2005, she first resigned as general counsel for the Sarasota County Sheriff's Office and then was fired from the same position with Nassau County.

DUI Attorney in South Florida

A DUI conviction can result in so many serious consequences it will change your life. Starting with losing your driving privileges, and risking the inability to find certain jobs or live in certain places, it is a crime you cannot afford to be convicted of. If you have been arrested for a DUI you need to contact an experienced South Florida DUI lawyer immediately.

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Assistant City Attorney Avoids Potential DUI Arrest

Andrew Stine — Fri, 24 Feb 2012 14:57:23 GMT

It is not illegal to drink and drive in the state of Florida. As long as your blood alcohol level (BAC) is below a .08 and your normal faculties are not impaired, you are not breaking the law if you get behind the wheel. However, even if you meet these requirements you could still be pulled over. A Port St. Lucie assistant city attorney was recently in this situation but was driven home by the police officer. Her blood alcohol level was not measured, nor was she asked to perform a field sobriety test.

Driving While “Borderline” Intoxicated

According to an article in WPTV News, Police Chief Brian Reuther stopped Assistant City Attorney Gabrielle Taylor around 2:30 a.m. Saturday, and said it appeared “she had difficulty driving.” The police chief admits she may have been drinking. A police spokesman said officers did smell alcohol.

A field sobriety test nor breathalyzer test was performed and the police officers involved simply drove Taylor home. Later, Reuther said that the assistant city attorney was upset over a friend having a limb amputated and it could have contributed to her difficulty driving.

Reuther said there is no report about the incident and that routine traffic stops that do not result in an arrest or citation generally are not documented in a report. The city attorney was informed of the incident but is still looking into the issue, according to WPTV News.

What Does This Mean For You?

Again it is not illegal to operate a motor vehicle if you have been drinking and your normal faculties are unimpaired. As long as your blood alcohol level is lower than a .08, there is no reason for an arrest or citation based on consuming alcohol.

If you have been arrested for a DUI, you need to contact an experienced criminal defense lawyer immediately. A lawyer can help you get through the legal process as smoothly as possible and will have the resources necessary to make sure you don’t receive any unintended consequences. For example, if you do not request a DMV hearing within 10 days of your arrest, you will lose your driver’s license. A knowledgeable criminal defense lawyer can help you protect your right to drive as long as you contact him immediately after you have been arrested.

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Drunk Driving Laws in Florida

Andrew Stine — Mon, 26 Dec 2011 17:21:05 GMT

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the "Implied Consent Law". When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

1st Florida DUI Offense

First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail – 6 Months Maximum (BAL from .08 to less than .15)
Jail - 9 Months Maximum (BAL above .15)
Fine – From $500 to $1,000 (BAL from .08 to less than .15)
Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

1st Florida DUI Offense

2nd Florida DUI Offense

Second Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail - 9 Months Maximum (BAL from .08 to less than .15)
Jail - 12 Months Maximum (BAL above .15) or Minor in Vehicle
Jail – Mandatory 10 Days (If within 5 years of Previous DUI)
Fine – From $1,000 to $2,000 (BAL From .08 to less than .15)
Fine – From $2,000 to $4,000 (BAL Above .15) or Minor in Vehicle
License – Suspended for 5 Years (If within 5 years of previous)
License Suspension – Eligible for Hardship Reinstatement after 1 Year
Hardship Reinstatement - Complete DUI School
Ignition Interlock Device – Required for 1 Year (BAL from .08 to less than .15)
Ignition Interlock Device – Required for 2 Years (BAL above .15)
Vehicle Impound – 30 Days (If within 5 years of previous)

3rd Florida DUI Offense

Third Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Third Degree Felony (If Within 10 Years)
Jail – Up to 12 Months
Jail – Mandatory 30 Days (If 3rd Conviction within 10 Years)
Fine – From $2,000 to $5,000 (BAL from .08 to less than .15)
Fine –$4,000 Minimum (BAL above .15) or Minor in Vehicle
License – Suspended for 10 Years (If 3rd Conviction within 10 Years)
License Suspension – Eligible for Hardship Reinstatement after 2 Years
Hardship Reinstatement - Complete DUI School
Ignition Interlock Device - Required for 2 Years
Vehicle Impound – 90 Days (If 3rd Conviction within 10 Years)
More Information: Third Offense DUI in Florida

4th Florida DUI Offense

Fourth Drunk Driving Conviction
Fine - $2,000 Minimum
Jail – Up to 5 Years
License – Suspended For Life – No Hardship Reinstatement
New Florida DUI Laws

In 2010, Florida reduced penalties for four-time offenders if certain requisites are met. These requirements include a 10-year waiting period with no driving for the 10-year period and no manslaughter in the original charge. Restricted driving privileges will be imposed during the first year. Also, the defendant must participate in an alcohol treatment program within the first six-month period from the time the license is reinstated.

The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. You have rights and you may be able to get that DUI charge dismissed. There are many ways an experienced DUI lawyer can get your case thrown out. DUI/DWI attorney in Palm Beach County will fight for your freedom, your rights and your driver’s license privileges. Call DUI attorney today for a free consultation.

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Drunk Driving Charges in South Florida

Andrew Stine — Mon, 19 Dec 2011 15:45:25 GMT

Getting charged with a DUI (Driving Under the Influence) is a serious offense and it could impact your life forever if you are convicted. Each year, states impose tougher DUI laws and more severe drunk driving penalties. Florida is no exception. This is what can happen to you for a first time DUI conviction in Florida:

Jail – 6 Months Maximum - blood alcohol level (BAL) from .08 to less than .15
Jail - 9 Months Maximum - BAL above .15
Fine – From $500 to $1,000 - BAL from .08 to less than .15
Fine – From $1,000 to $2,000 - BAL above .15 or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

A stripper has spent the past week locked in the Broward County jail, accused of driving drunk and then shouting obscenities at a police officer and kicking his car- reported by Scott Travis, Sun Sentinel:

The incident began as a four-car accident on Interstate 595, east of Hiatus Road in Davie. A state trooper said Emerald Nicole Nguyen, 28, of Sunrise, appeared glassy-eyed, and he conducted a series of roadside tests in which he determined she was under the influence, according to an arrest report.
Nguyen, who identified herself as a stripper who works in Miami, called the police officer obscene and racist names, according to the report. After being placed in the vehicle, she tried to kick out the left side window and damaged the door panel of the newly tinted and painted vehicle, the report says.

She faces 11 charges, including felony counts of damaging property, battery on a law enforcement officer and resisting arrest with violence. She remained in jail Saturday with a combined bond set at $6,150.

Florida Point System

The Criminal Punishment Code Score Sheet is a point system that a judge reviews at the time of sentencing. Each current offense is scored as well as any additional offenses. Then the court also scores your prior record for prior offenses. For example, grand theft – greater than $300 but less than $5000 - is a level 2 and scores 10 points. However, DUI causing serious bodily injury is a level 7 and will get you 56 points.

If your total combined score is less than or equal to 44 points, the judge can impose a non-state prison sanction, which can mean county jail of a year or less, house arrest, probation, a fine - or even no punishment at all. If the total points are greater than 44 points, the court will impose mandatory state prison time. Your attorney will help you decide what course of action is best, depending on your charges and other factors unique to your case. No two cases are the same.

Do you see how complicated this system is? Attempting to take on the state by yourself can be intimidating and overwhelming. This is why you need to have an experienced Palm Beach County defense attorney by your side as soon as you get arrested.

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DUI Charges in Palm Beach County

Andrew Stine — Fri, 02 Dec 2011 16:39:31 GMT

Jail – 6 Months Maximum - blood alcohol level (BAL) from .08 to less than .15
Jail - 9 Months Maximum - BAL above .15
Fine – From $500 to $1,000 - BAL from .08 to less than .15
Fine – From $1,000 to $2,000 - BAL above .15 or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

The State of Florida has greatly enhanced the penalties for DUI in recent years. The first conviction may result in a term of imprisonment or probation, a substantial fine, community service time, and a loss of driving privileges. If the judge decides to give you probation rather than a jail sentence, you must be required to report to a probation officer once a month for a year and pay $55 per month for the costs of probation. Completion of DUI school and an evaluation for substance abuse is also mandatory. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the court, it is very difficult to successfully challenge that conviction after the fact.

A second conviction for DUI can carry with it a mandatory term of imprisonment for not less than 10 days. Subsequent DUI convictions carry even more severe penalties, including long-term jail sentences and mandatory revocation of driving privileges.

The State of Florida must prove a DUI beyond and to the exclusion of every reasonable doubt. The breathalyzer machine might have been in error and the results could be challenged. The circumstances of the arrest might also be subject to legal attack.

Here is something to consider. If you drink and drive, get the phone number of a good West Palm Beach DUI attorney and keep it in your wallet or pocketbook. The faster you have legal representation after a DUI arrest, the better your chances are for a dismissal and expungement. There is no way to predict the future. But you can prepare for it. If you get charged with a DUI in Palm Beach County, make sure you have the phone number of a good West Palm Beach DUI attorney right there in your back pocket.

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How to Avoid a DUI During the Holidays

Andrew Stine — Fri, 25 Nov 2011 15:32:11 GMT

The holidays are right around the corner and with them comes weeks of celebrating. The rate of DUI arrests rises sharply during the holidays as people spend more time at holiday parties. Drinking and driving is always a serious crime but law enforcement officers pay particularly close attention to the roadways during this time of year because of the expected rise in DUIs.

Florida DUI Law

A DUI in Florida is generally a misdemeanor. A first offense can cost you anywhere from 180 day license suspension to 1 year. You could also spend up to 6 months in jail and be forced to pay a $500 fine. A DUI conviction will stain your record for years.

A DUI involving serious injury to another is a 3rd degree felony. Your potential jail time, fines, and term of license suspension will increase dramatically if another person was injured or if you had a minor in the vehicle.

How to Avoid a DUI

A DUI in Florida is a very serious crime but can easily be avoided. According to WPTV News, AAA and Budweiser have teamed up in an effort to protect potential victims of DUI accidents. They created the Tow to Go program in 1998, designed to provide anyone who has had too much to drink a free and confidential ride and tow home from any bar or restaurant.

A Tow to Go program manager stated:

“The busiest time for the Tow to Go program is during the upcoming holiday season when more than 70 percent of the call volume is received.”

If you ever find yourself in a situation where you have had too much to drink and cannot manage a ride home, call the Tow to Go program at 1-800-AAA-HELP (222-4357).

It is extremely important to avoid drinking and driving as a DUI conviction is punished seriously in the state of Florida. You cannot afford a DUI conviction as it will restrict your freedom not only in the immediate future but possibly the rest of your life as well.

DUI Criminal Defense

It is important to use the resources available to you to avoid drinking and driving. If you do choose to make that mistake and are arrested for a DUI, you need to contact a criminal defense lawyer immediately. Again, the consequences are severe and costly. A DUI criminal defense lawyer may be able to negotiate your sentence down to community service. However, in order for you to have any chance at all to circumvent conviction, contact a lawyer immediately after your arrest.

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What Happens if I Have Multiple DUI Convictions?

Andrew Stine — Fri, 12 Aug 2011 15:13:19 GMT

By definition a person in Florida is guilty of a DUI if her or she is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages or any prohibited chemical substance to the extent that a person’s normal faculties are impaired.

DUI in Florida

Usually a DUI is a violation punishable by a fine of $500 to $1000 and a maximum of 6 months in prison for a first conviction. A second conviction could cost one year of placement of a mandatory ignition interlock device. A third conviction can cost two years of an ignition interlock device. What happens if a person is punished for more than 10 DUI convictions?

According to an article in the Palm Beach Post below, an Alabama man has been sentenced to over five years in prison after his 10th DUI conviction. He has 13 DUI arrests on his previous record:

PENSACOLA, FLA. — An Alabama man has been sentenced to five years and two months in prison after his 10th DUI conviction.
Fifty-four-year-old Michael M. Naramore of Mountain Brook, Ala., was sentenced Wednesday in Pensacola federal court. He pleaded guilty May 16 to driving under the influence and driving with a suspended license.
The Pensacola News-Journal reports that Naramore's driving history includes 13 DUI arrests and nine prior DUI convictions in Alabama.
The Florida case stems from a Nov. 24 arrest at the west gate of Eglin Air Force Base.
A U.S. Attorney's statement says Naramore reeked of alcohol and had trouble rolling down his window and opening the car door. The report also says he was unable to complete field sobriety testing.

DUI Defense

If you have been arrested for a DUI, you need a criminal defense lawyer’s help. A DUI can cost you your right to drive, the ability to get a job, and your freedom in general. An experienced criminal defense lawyer will aggressively negotiate on your behalf. He or she may even settle your case with a fine and an agreement to participate in an alcohol education class.

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Is a DUI a Misdemeanor or a Felony?

Andrew Stine — Fri, 22 Jul 2011 14:02:00 GMT

Being charged with a DUI will change your life. Whether it is a misdemeanor DUI or a felony DUI, the conviction will appear on your criminal record and will reflect badly on your character when you apply for a job, try to rent or buy a place to live, or in just about anything where a background check may be involved. If you speak with a criminal defense lawyer, you may be able to work to get the conviction expunged from your criminal record.

Is a DUI a Felony or Misdemeanor?

A DUI misdemeanor conviction is when any person driving under the influence causes property damage or personal injury to another. It is then considered a first-degree misdemeanor punishable by up to 1 year in prison and a $1000 fine.

A DUI Felony conviction usually refers to repeat offenders. A person is charged with a felony if he or she is convicted of a third DUI within 10 years or a fourth DUI, period. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. It is also a third-degree felony if a person causes serious bodily injury while driving under the influence.

DUI Manslaughter

In West Palm Beach on Thursday, Mark William Bradly, 46, was charged with DUI manslaughter for driving under the influence during a fatal crash in October that killed a 10-year-old girl.

Khonii Louis died shortly after the crash at St. Mary's Medical Center in West Palm Beach, where she was being treated for severe neck injuries.

The accident occurred just before 2 a.m. Bradley had either stopped or parked his Ford F-250 truck in the westbound lane, according to a preliminary report. A 2004 Honda four-door vehicle driven by Khonii's mother, Shiin, 44, was headed westbound on Northlake and struck the back of Bradley's truck. Khonii was in the back seat at the time of the crash.

DUI Criminal Defense

If you have ever been charged with a DUI, you are in for some serious stress. Dealing with a DUI conviction, whether it’s a felony or a misdemeanor can be life altering. Not only do you have to deal with going to court, dealing with insurance companies, and suffering from pain and embarrassment, but you have the fear of a potential conviction hanging over your head. Talk to a DUI criminal defense lawyer. Ask as many questions as you need to. A criminal defense lawyer is on your team and works to protect your rights.

Have you ever been charged with a DUI? Tell us your story.

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Can a Judge Overturn a Jury Verdict?

Andrew Stine — Fri, 01 Jul 2011 14:04:24 GMT

Have you ever wondered if a judge can overturn a guilty verdict, or even a not guilty verdict? The results of former West Palm Beach Firefighter Capt. Rick Curtis’s trial may leave people wondering – is a jury verdict the final word?

DUI Conviction Overturned

According to the Palm Beach Post, Rick Curtis is fighting to get his job back as a firefighter for West Palm Beach now that his DUI conviction has been overturned. The conviction was overturned after Curtis alleged that the judge had an “intimate relationship” with one of Curtis’ adversarial colleagues. Curtis claims he didn’t learn of the relationship until after the trial.

City officials are refusing to let Curtis return to the department and are claiming that the conviction wasn’t the sole reason he was fired. County Court Judge Paul Damico ordered a new trial Wednesday.

Can a Judge Overrule a Jury Verdict?

In any trial, the judge’s decision and opinion has higher authority than anyone else. The fact of the matter is that a judge is an expert on the law and the jury is not. The judge can overturn a guilty verdict and find the defendant not guilty, but not the other way around.

Instead of overturning a guilty verdict, the judge can order a new trial. This is a rare instance that can happen if the judge determines that there was a procedural error or an error with the evidence that was important to the case.

Ultimately, a judge overruling a jury verdict is very rare because jury verdicts are supposed to represent the sentiment of the community.

Criminal Defense

If you are facing charges and fear the results of your trial, you need a criminal defense lawyer on your side. An experienced criminal defense lawyer will know how to file a motion to vacate the conviction if you feel that you have been wrongly convicted based on errors during the trial.

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