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The Right to Obtain Blood Samples for DUI Charges

The Right to Obtain Blood Samples for DUI ChargesThe driver of a vehicle is involved in an automobile crash in Palm Beach County, FL. The driver is injured, but no one else was involved in the accident. An alert motorist calls 911 to report the accident and requests medical care to the location. Police and fire rescue show up at the scene of the accident. While the fire rescue personal are removing the driver, they notice the smell of alcohol coming from the immobilized driver. Fire rescue provides this information to the investigation police officer, who notes the information and begins the DUI investigation. The driver is transported to Wellington Hospital, where she is examined in the emergency room for head injuries and as “standard” protocol her blood is taken. The driver is released that evening, because her injuries do not require hospitalization. But her blood is left behind in the hospital, which was taken as “medical” blood […]
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Florida Trend Shows Misuse of Contempt Charges

Florida Trend Shows Misuse of Contempt ChargesIn Florida, trial judges use “contempt” proceedings when they feel aggrieved. The contempt proceeding, when used by wayward judges, shocks the conscience of the local bar association, the local citizens, and even the local judiciary as a whole. Bad judges are everywhere, but certain areas in Florida seem to tolerate more egregious judges than other areas of the state. While a broad brush should not be used to paint certain areas of the state to show the “bad” judges; it is fair to say that certain counties, mostly the smaller sized ones, have more pathetic jurist than others. Take, for instance, a judge in Indian River County, who recently placed a child in custody for simply answering a question. In A.W. (child) v. State of Florida, Indian River County Circuit Court Judge Hawley, put a child in jail for just answering a question. The facts of the case are as […]
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Andrew Stine Wins Dismissal of Felony Charges

Andrew Stine Wins Dismissal of Felony ChargesToday in Palm Beach Circuit Felony Court, Criminal Defense Attorney, Andrew D. Stine, of West Palm Beach, FL successfully got Mr. Alberto Felipe’s felony case dismissed. Mr. Felipe made world news for biting off his neighbor’s ear in an altercation over a cigarette in the Boca-Raton area. Mr. Felipe’s previous arrest record presented a challenging scenario and stacked the odds against him. However, West Palm Beach Criminal Defense Attorney Andrew D. Stine worked this felony case from the day after Mr. Felipe was released from jail and knew right away that Mr. Felipe was only acting in self-defense. Through a tireless effort, today in felony court, Attorney Andrew D. Stine was able to convince the Assistant State Attorney, through his own investigation into the events that transpired, that Mr. Felipe acted in self-defense and the felony case against him was dismissed. This victory is an excellent example of the difference […]
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Animal Cruelty and Abuse Charges in Florida

Animal Cruelty and Abuse Charges in FloridaCriminal charges of Animal Cruelty, in the State of Florida, can be brought as Misdemeanor or Felony crimes. There can also be local civil penalties associated with animal neglect or animal cruelty infractions. Law Enforcement Officers, like the Palm Beach County Sheriff’s Office and other local municipality Police Officers, are responsibility for investigation all criminal animal cruelty cases in the State of Florida. On the other hand, local Animal Care and Control Offices, like Palm Beach County Animal Care and Control, are responsible for investigating all ordinance infractions of the local county government. If the facts show that the actions of the animal owner fall into section 828.12 of the Florida Criminal Statutes, which in a nutshell hold that: A person who deprives of necessary sustenance or shelter, or kills any animal in a cruel or inhumane manner commits animal cruelty, a misdemeanor of the first degree. Punishable by up […]
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Are the Rights of the Accused Being Diminished by a Weak Judiciary Through the Mob Mentality of Protesting and Petition Signing on the Likes of Facebook and other Social Media Sites?

Are the Rights of the Accused Being Diminished by a Weak Judiciary Through the Mob Mentality of Protesting and Petition Signing on the Likes of Facebook and other Social Media Sites?There are very few judicial actions, other than criminal trials, that stir the social media crowds. Social media like Facebook, Twitter, and local newspaper blogs are froth with petitions to “bring” justice to the accused, when certain special interest groups get involved in the criminal process. Over the past eight to ten years, the courts have seen an increase in petitions signed by online “registrants or guests” to bring swift and exact justice, against citizens charged with committing certain criminal acts that their group believes is so repulsive that Due Process of Law should take a side step to the protestors demands. But what does the U.S. and Florida Constitutions have to say about these issues? The issues of protesting and petitions in the criminal justice arenas are not new, but this form of speech has become more popular than ever before in America’s history, because of the invention of […]
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Florida DUI and Enhancement Laws

Florida DUI and Enhancement LawsFlorida DUI Statute section 316.193, Driving Under the Influence and its Penalties: (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection […]
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Presciption Drug Crimes and Hydrocodone Trafficking in Florida

Presciption Drug Crimes and Hydrocodone Trafficking in FloridaThe State of Florida is known as the Pill Mill Capital of the United States. People from all around Tennessee, Kentucky, West Virginia, Ohio, and the entire East Coast corridor of the United States flock to Florida, quicker than the snow birds in January, to purchase and transport hydrocodone. Hydrocodone is a very powerful prescription form of heroin. The street name for the drug is blues or oxies. The favorite milligram for the street level user is the blue 30 mg pill. The illegal user crushes the pill and snorts it, injects it, or smokes it for the immediate high that is associated with this powerful and very lucrative prescription drug. The street value of one hydrocodone fetches no less than $30.00 a pill. The amount of hydrocodone walking the streets and change hands is astonishing. What else you need to know is that the penalties for possessing hydrocodone without […]
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Litigation Involving a DUI in Florida

Litigation Involving a DUI in FloridaIn Florida, in order for the State to be successful in gaining a conviction for DUI the State has to prove that the driver of a vehicle had an alcohol level greater than .08 or that the driver’s normal faculties were impaired while in control of a motor vehicle. The areas of litigation that are most contested in Florida criminal DUI’s are whether or not the driver had a breath or blood alcohol level greater than .08 and whether or not the driver’s normal faculties were impaired while in control of the motor vehicle. In order for the prosecutor to prove that the driver’s breath or blood alcohol level was greater than .08, when the driver was stopped for the DUI, the State requires prosecutors to show scientific proof of the breath or alcohol level of the driver.  This scientific proof of BAC level is achieved in two manners. Either […]
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The Anatomy of a DUI and Palm Beach County’s “First Time DUI Offender Program”

The Anatomy of a DUI and Palm Beach County’s “First Time DUI Offender Program”The Office of the State Attorney in and for Palm Beach County, FL has a first time DUI offender program in place. The first time dui offender program allows those who have not been previously arrested for a DUI, those who have blown below a certain BAC level, were not involved in a DUI related crash and some other criteria, to have their DUI case examined by the prosecutor and their criminal defense attorney to possibly reduce their dui to a reckless driving arrest. The anatomy of a DUI follows. Driving under the influence or “DUI” in Florida can be proven in many different ways, but the following elements of a DUI crime are essential. First, the state must prove that the driver was in actual physical control of the motor vehicle.  Second, the driver was under the influence of alcoholic beverages or chemical controlled substances as described in FL […]
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Is Big Business Buying Florida’s Courtrooms and, In Doing So, are Floridian’s 4th Ammendment Rights Disappearing?

Is Big Business Buying Florida’s Courtrooms and, In Doing So, are Floridian’s 4th Ammendment Rights Disappearing?The normal matriculation from Assistant State Attorney to Judge has always been an alarming fact in Florida. The oppressor’s heart as a prosecutor does not change because the former prosecutor now slips on a black robe. Recently though, the 4th Amendment of the US Constitution and Rights of Floridians to be safe and secure in their homes without unreasonable Police searches and seizures has been usurped by Big Business, and possible worse a weak or corrupt Judiciary. The Harris Corporation of Florida has teamed up with all Florida Cellphone Tower providers, in producing technology that can turn on your cellphone and track it without your knowledge. Additionally, law enforcement officers in Florida have signed a “none disclosure agreement” or NDA with Harris Corporation, according to Florida sealed court documents obtained by the ACLU. This agreement between Harris Corporation and Law Enforcement, allows Sheriff’s Offices, Local Police and other Florida Law […]
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