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Tag Archives: DUI

First Time DUI Offenders Decline New Monitoring Program In Palm Beach County

First Time DUI Offenders Decline New Monitoring Program In Palm Beach County

First time DUI offenders are able to minimize the damage, avoid a criminal conviction, steep court fines, possible jail time and other headaches associated with DUI arrest. How? Prosecutors in Palm Beach County are promoting a new monitoring program where first-time DUI offenders agree to expensive alcohol monitoring devices for three to six months, pleading guilty to a misdemeanor reckless driving charge instead of a DUI, paying lower than usual fines, and completing one year of probation. How effective is the programs? Not very. A majority of the first-time DUI offenders declined to participate. According to Chief Assistant State Attorney Adrienne Ellis, just 425 people have signed up since the initiative began June 1. For most of 2013, the office handled about 2,500 DUI cases For source and complete details, please… […]

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Vehicular Homicide with DUI and Strict Liability

Vehicular Homicide with DUI and Strict Liability

Driving under the influence of drugs or alcohol and causing or contributing to the death to another is a strict liability crime in the State of Florida. The strict liability portion of a DUI charge means that even if the driver of the vehicle is not at fault for the act that causes or contributes to the death of another, if she is under the influence of alcohol or drugs that impairs her normal faculties, she is criminal responsible for the death of the other if she was in control of the vehicle at the time of the crash. Examples of this strict liability crime will really make people wonder if it is fair. In one criminal matter a driver of a vehicle was stopped at a red turn signal.… […]

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West Palm Beach DUI Manslaughter Case

West Palm Beach DUI Manslaughter Case

Karmela Roy was already in Palm Beach County jail on charges related to a car crash when she had to appear in court today to face charges including DUI manslaughter and vehicle homicide in a November 7th crash that killed Thomas Conroy. Judge James Martz denied bond for Karmela Roy today as per Palm Beach County Assistant State Attorney Judy Arco’s request, due to her scheduled appearance in court this Thursday, December 5, 2013. Full story, source If an individual consumes alcohol or drugs, and then operates a motor vehicle, he or she can be charged with driving under the influence (DUI). In situations when that same individual is involved in a car crash that results in the death of another, the impaired driver may be charged with DUI manslaughter.… […]

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DUI Consequences in Florida

DUI Consequences in Florida

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”. Implied consent is consent which is not expressly granted by a person, but rather inferred from a person’s actions and the facts. The term is most commonly encountered in the context of US drunk driving laws. 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. In the state of Florida, a… […]

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Factors Contributing To Increased DUI Penalties in Florida

Factors Contributing To Increased DUI Penalties in Florida

Authorities have arrested a woman who they say was driving impaired and nearly hit another vehicle while in a student pickup line at a Miramar elementary school. According to a police report, an officer stopped Lisset Llauro, 39, of Pembroke Pines, in her 2010 Mercedes-Benz shortly before 2:40 p.m. Monday after observing her run over plastic lane markers in the pickup line outside Silver Lakes Elementary School at 2300 SW 173rd Ave. When the officer approached Llauro, she seemed slightly disoriented, had slurred speech and told police she didn’t know why she had driven over the lane markers, authorities said. Source, full story. Florida Drunk Driving Definition Drunk driving, known as driving under the influence or DUI in Florida, is governed by Fla. Stat. § 316.193. This statute defines the… […]

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Florida DUI and Hardship License

Florida DUI and Hardship License

DUI is an offense under Florida law. The offense is proved by impairment of “normal faculties” or unlawful blood alcohol or breath alcohol level of .08 or above. The following information applies to those with their first conviction. Fines: If this is your first conviction, your fine will be between $500-$2,000. If your blood alcohol level is .15 or higher, or you have a minor in the vehicle, the fine will be between $2,000-$4,000. Community Service: If this is your first conviction, you will need to serve a mandatory 50 hrs of community service or an additional fine of $10 for each hour of required community service. Probation: For first convictions, the total period of probation and incarceration will not be greater than 1 year. Imprisonment: Imprisonment is at the… […]

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Charges of DUI With Property Damage

Charges of DUI With Property Damage

Jessica Marksz needed a drink. That, she told Palm Beach County sheriff’s deputies, was why she had left her car and walked to a nearby Publix Super Market on Thursday after a crash in which she is alleged to have driven the wrong way down a one-way street and hit a car. Deputies weren’t impressed, especially when one caught up with her picking up a bottle of wine. They arrested her on charges of DUI with property damage and leaving the scene of an accident. She was released later that day from the Palm Beach County Jail after on $3,000 bond. Every year, impaired motorists cost U.S. taxpayers an estimated $51 billion dollars in drunk driving property damage. With such staggering statistics, it’s no surprise that lawmakers are under enormous… […]

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Palm Beach County New DUI Program For 1st Time Offenders

Palm Beach County New DUI Program For 1st Time Offenders

For years, local drivers facing a DUI charge for the first time had two options – take their case to trial and try to get acquitted, or take a plea and deal with the expensive consequences of having a DUI conviction permanently on their records. But now, thanks to a new program Palm Beach County prosecutors have instituted, some first-time DUI offenders are getting the chance to avoid the stigma of a DUI conviction through a 12-month monitoring program that is among the first of its kind in the state. Source The new diversion program– billed as a practical approach to these kinds of cases– was instituted for newly filed cases in early July. Prosecutors offered the program to parties in previously filed cases during the month of June. If… […]

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DUI Homicide and DUI Manslaughter Case in Palm Beach County

DUI Homicide and DUI Manslaughter Case in Palm Beach County

DUI Homicide and DUI Manslaughter does not mean decades in jail if the case is properly postured by an experienced Criminal Defense Attorney. Criminal Defense Attorney, Andrew D. Stine, was able to secure a plea and acceptance of the plea agreement, by the Circuit Court Judge, on May 21, 2013 of: One (1) Year in the Palm Beach County Jail; followed by Two (2) Years of House Arrest; and Five (5) Years of Probation; for his client who pled guilty in a DUI Manslaughter and DUI Homicide case in Palm Beach County, Florida. In case number 2012 CF 005417AXXXMB the driver of the vehicle, represented by West Palm Beach Criminal Defense Attorney Stine, was under the influence of alcoholic beverages with a blood alcohol level greater than .08, when he… […]

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What You Need To Know About DUI Arrests in Florida

What You Need To Know About DUI Arrests in Florida

It is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. It is not illegal to have a drink with your meal and drive. However, it is illegal to drink too much and then drive. The thresh-hold for legal intoxication (.08 in Florida) is easy to exceed. The best advice to follow is not to drink and drive. Ever. Breath Tests You will be presented two tests- one roadside and one at the jail in most circumstances. The roadside units are subject to frequent challenges and are rarely recommended. In Florida, it is a crime if you refuse to take a breath test TWICE. That does NOT mean twice in the same… […]

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