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Tag Archives: evidence

Evidence in Florida DUI Crashes Causing Bodily Injury or Death

Evidence in Florida DUI Crashes Causing Bodily Injury or Death

As a criminal defense attorney, I am always asked about what types of evidence can be put forward by the accused to show he or she was not the driver of a vehicle involved in a DUI crash causing serious bodily injury or death were the prosecution is alleging that alcohol or illegal drugs played a part in the crime. In other words, the accused DUI driver wants to put forth competent and substantial evidence that he or she was not in control of the motor vehicle at the time of the DUI crash that caused serious bodily injury or death. I am always reminded of my science background on these issues and the term DNA or deoxyribonucleic acid immediately comes to mind for consideration of an affirmative defense. In… […]

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When Judges Become the Helping Hand of the Prosecutor

When Judges Become the Helping Hand of the Prosecutor

Again, bad judges who stray from their role as neutral arbiter and become the helping hand of the prosecutor are exposed in Ronnie Williams v. State, 4D12- 3723. Ronnie Williams was a Broward County resident, where law enforcement officers have a standing order from many store and market owners to issue trespass warnings to people loitering on the property. Williams was outside of a market, when a detective approached Williams to trespass him off of the market property. It stead of just trespassing Williams off of the property, the detective also stopped Williams and pat him down for “weapons.” During the “pat down” the detective testified that a container “fell” from William’s pocket and at that time, William’s took a swing at the detective and ran. During the chase, the… […]

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Miranda Warnings and DUI Arrests

The routine DUI stop in Palm Beach County, Florida results in the suspected driver being asked many questions. The driver may not have had the privilege of Miranda, the driver’s right to a lawyer before answering any of the police officer’s questions. Is this okay? Is this legal? What other obstacles am I facing as a suspected DUI driver in Palm Beach County, Florida? As the suspected DUI driver, can I get information and the field sobriety tests that I provided to law enforcement suppressed or thrown out? How does this work? The leading case on the issue of suppressing what a driver tells a investigating police officer, who elicits information from the suspected dui driver without the protection of one’s Miranda warnings, comes from the U.S. Supreme court decision… […]

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Florida Jail House Calls as Evidence

While in jail awaiting trial or release on bond, many inmates find the need to continuously telephone their family, their friends, and their lawyer from inside the jail. Inmates continuously telephone the outside world for many reasons: boredom, concern, and to “discuss their case.” One must always remember that every single call made from a correctional facility in Florida is recorded. Recorded jailhouse telephone calls will be used by the prosecutor, as evidence against the accused, even when the accused is confiding in his or her mother for moral support. This issue was recently ferreted out by the appellate courts in Florida in Bass v. State. Bass was being held pre-trial on the charges that he robbed and murdered a drug dealer in Bay County, Florida. Prior to Bass’ trail,… […]

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Cellphone Site Location Details as Evidence in Florida Criminal Cases

Recently, a Federal Appellate Court for the 11th Circuit, the same Circuit which presides over the Districts of Florida, made a very important ruling as to the issue of whether “cell site location information” is protected by the Fourth Amendment of the United States Constitution that guarantees against warrant-less searches. The story of this criminal case is played out every day throughout Florida courtrooms. The Prosecutor, through the use of a detective from the Sheriff’s Office, Florida Department of Law Enforcement or local police agency obtains the cellphone number of a criminal defendant. The detective then requests, without a warrant, the tracking locations of the cellphone tower records. The cellphone provider, usually Metro PCS or another throw away cellphone company with no contract and pay per minute plans, gladly hands… […]

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Blood Draw as Evidence in Florida DUI Cases

Palm Beach County has witnessed many high profile criminal trials play out in the media. Recently, in Palm Beach County, Florida there has been much buzz in the air about “blood” samples and a DUI crash that took the life of Scott Wilson, a young man from Wellington, whose death was caused by Polo and Air Condition Mogul John Goodman. What about the “blood” draws and Florida DUI Laws? There are many sub-topics contained within this body of law, but it is a safe bet to place “all your money” on the Court finding against the DUI driver of an automobile; whose blood was drawn after he or she caused the death or serious bodily injury to a person. Why do criminal defendants face an uphill battle when trying to… […]

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Video Tapes as Evidence in Florida Criminal Cases

There is a very interesting body of law that is developing in Florida, and it owes itself to the over use of video cameras throughout the State. Video cameras are more and more “allegedly” capturing the acts of individuals, who are alleged to be committing criminal offenses. The cameras catching the acts can be mounted at red lights intersections, street corners, store fronts, governmental buildings and even on private homes. But what happens when the video is destroyed by the Prosecutor, Police Officer, Law Enforcement Officer or agency employed by the prosecuting government and the contents are still introduce by way of oral testimony to a jury? This is what the blog will answer. The facts that give way to these Constitutional problems are easy to imagine. Take for instances… […]

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Florida DUI Law: Video, Observations and Driver’s Admissions

Florida DUI Law: Video, Observations and Driver’s Admissions

A person is guilty of the offense of driving under the influence or DUI in Florida if the driver is operating an automobile or in physical control of a vehicle, while the driver is under the influence of alcoholic beverages or chemical substances, as set forth within the DUI statute, to the extent that their normal faculties are impaired or the person has a breath, blood or otherwise alcohol level greater than .08. Convictions in Florida for DUI can have adverse consequences as to your liberty, driver’s license, finances and criminal record. Driving under the influence or DUI in Florida has three elements: (i) being in control of a motor vehicle; (ii) being under the influence; and (iii) being impaired. Impairment can come from alcohol, illegal drugs, prescription drugs and… […]

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