Broward County Criminal Lawyer Blog

As with the Thanksgiving holiday season, expect law enforcement officers to be scouring the area during the winter holiday season, seeking to make as many DUI arrests in Broward County as possible.

More than 42 million people were expected to travel during the Thanksgiving holiday weekend and it's possible even more will be on the roads during the time between Christmas and New Year's. Our Broward County DUI defense lawyers expect local and state law enforcement to make many arrests in the coming weeks.

This is even more of a reason for law enforcement to step up their patrols, saturate the roads and set up sobriety checkpoints. It's likely officers will dip into grant money, pay overtime and use many of their resources in an effort to boost their numbers for the end of the year.

During the Thanksgiving holiday season, Florida Highway Patrol troopers arrested 136 people for DUI. Troopers also filed 12,300 citations for traffic offenses.

In the same time period last year, FHP issued 12,770 citations, but made 121 DUI arrests. It's unclear how many of those arrests turned into convictions. The Thanksgiving enforcement period typically runs about four days, from the Wednesday before Thanksgiving through the following weekend.

But the winter holiday period typically lasts much longer, making the numbers higher. According to FHP, last year the period ran from Dec. 16 to Jan. 3. In that time period, troopers arrested 474 drivers for DUI in Florida and they issued more than 40,600 citations.

While DUI is a commonly filed charge, it is also one that is rarely committed on purpose. A perfect example was the recent arrest of FAA administrator Randy Babbitt. Babbitt, 65, was arrested in Virginia recently, CNN reports, after officers allegedly spotted him driving the wrong way down a street.

They arrested him and charged him with DUI. He was released without posting bail and was later put on leave from the agency. He then decided to resign.

Being charged with DUI in Broward County can lead to job loss, a ruined career, a shattered reputation and family problems. That's on top of the myriad penalties a judge can throw at even a first-time offender, including jail time, probation, fines and fees, an ignition interlock device, DUI school and other sanctions.

That's why these charges must be taken seriously. While they are common, they are also dangerous. A person's liberty is on the line and it is a mark that could lead to future problems. Taking on the police's evidence, including faulty breathalyzer, poor observations during field sobriety tests and witness accounts may be the only way to save face.

This holiday season, drive safely and have a good time with your families. Don't drink and drive, but rather use a designated driver, sleep it off or call a taxi. If you do drive and you are arrested for DUI in Broward County, call an experienced DUI defense attorney immediately.

Many people may believe that getting pulled over and charged with DUI in Broward County and elsewhere in the nation is something that happens mostly to men. But that's not necessarily the case.

A recent study found that the number of females charged with DUI is on the rise.

Regardless of the person's gender, being charged with DUI in Broward County is a life-altering experience. A driver who sees the flashing lights behind them after they have been drinking instantly becomes nervous, which can lead to the officer thinking the driver is acting "suspiciously."

As our Broward DUI defense lawyers know and have talked about over the years is that being pulled over is nerve-racking for anyone. Yet officers sometimes use that nervousness to justify beginning a DUI investigation.

And for a growing number of female drivers, they are the one's sitting in the driver's seat. A recent Washington Post article reports that there has been a 36 percent increase in drunken-driving arrests among females in the last decade.

The study found that the average female drunk driver is more educated and older than her male counterpart. Many also tend to be primary caregivers to children and have lower-paying jobs.

The study came to fruition after a 2009 accident in New York where a mother, who was found to be drunk and high, drove across a highway and crashed, killing herself, her daughter, three nieces and three people in another car.

The article suggests that parenting and drinking have become commonplace for some mothers. Even having a glass of wine or two while visiting with friends and watching their children can be a problem.

Because the average woman weighs less than the average man, it can take fewer drinks to cause them to be intoxicated. And it can lead to their blood-alcohol level being higher, even if only a few drinks are consumed.

This furthers the notion that DUI isn't a planned crime. It happens mostly by accident in situations when a person had no intention to get arrested. Yet, lawmakers have made the penalties so severe that it can cause major long-term problems for a person who gets arrested. That highlights the need to fight the charges aggressively.

Every aspect of a DUI case can be looked at by an experienced DUI defense lawyer. The initial stop can be challenged if officers didn't have probable cause to pull the driver over in the first place. This is typically because of speeding, swerving or another traffic violation.

After that, if an officer conducts field sobriety tests and isn't properly trained to do so, those results may be tossed out of court. As we've detailed on our blog many times, breathalyzers statewide have been challenged for their faulty manufacturing and problematic results. Those can be challenged as well.

A DUI can poorly affect anyone's future. So, fight the charges and do so aggressively.

A Naples judge recently ruled that the state's DUI law is constitutional, despite a challenge from defendants over the use of faulty breathalyzer tests.

As our Broward County Criminal Lawyer Blog has highlighted before, the issue of faulty breathalyzers in Florida has heated up in recent months.

Being charged with DUI in Fort Pierce or elsewhere is a major event in a person's life. It can lead to custody in jail or prison, fines and fees, possible probation time, completion of DUI school, and possibly having to install an ignition interlock device. The consequences are serious.

And because of that, defendants should have their rights upheld 100 percent of the time. In many cases our Broward DUI defense lawyers have seen defendants' rights trampled because of poorly manufactured or unmaintained breathalyzers.

Breath testing is a major component of DUI investigations. If a driver consents to taking a breath test, the number that registers can go a long way toward determining if he or she is found guilty or not guilty of the charge.

But what jurors often aren't told is that the machine may be faulty or may be registering incorrect readings. And that's where the argument came in about the law being possibly unconstitutional.

A defendant has the right to access all evidence that is going to be used against them before trial. That means they can examine physical evidence, read reports generated by police or witnesses, interview these people, look at ballistics or DNA reports in violence crime cases and so on.

But while a defendant can see those reports, in a DUI case they can't see what makes the breathalyzer work or figure out if it was working properly on the date it was used against them. As we previously reported on this issue, prosecutors in Sarasota have recently dropped cases after breathalyzers were shown to be faulty.

Tests run on the devices used by law enforcement there showed that drivers were blowing into machines more air than their lungs could possibly produce at one time. When further examination was done, the breath test evidence was thrown out and many defendants had their charges dropped. These are the same machines used by police statewide because it is the only one authorized.

As this issue has progressed, judges have begun issuing court orders allowing defendants to see how the machines work. But the Kentucky manufacturer has been reluctant to give out information about how the product works for fear that competitors could steal their ideas.

That's what happened recently in Naples. While a judge rebuffed the argument that the potentially faulty devices make the law unconstitutional, he told the lawyer making the argument that he would order the manufacturer to turn over information about the device only to him. He is ordered not to share the information with other lawyers.

While the judge's ruling is understandable, it is just going to take more time for this issue to be resolved. Before long, every DUI defense lawyer in the state will be filing a similar motion and every attorney will eventually have access to the technology.

Let's hope that this pursuit continues so that drivers accused of DUI in North Miami and elsewhere can get a fair trial. These devices shouldn't be used if they aren't working properly.

As is common in the criminal justice system, cases get delayed and trial dates get moved back. That happened recently to Miguel Cabrera, the Detroit Tigers' first baseman and former Florida Marlins player.

MLive.com reports that his trial was bumped from November 30 to January 9. This isn't uncommon and it appears that this is a firm date that the judge will hold each side to.

While many judges and others in the criminal system may consider DUI in Fort Pierce a minor crime and one not worth countless delays in a trial, it is a big deal. That's because lawmakers have made the penalties so high for such an unsophisticated crime.

Rarely do people plan to commit a DUI and yet they can be penalized with jail time, probation, fines and fees, DUI school, an ignition interlock device and other sanctions, which are higher than most other misdemeanor charges in Florida.

Broward DUI defense lawyers take these charges very seriously and understand that the client is going through not only a terrifying time, but an embarrassing one, too. Picking up a DUI charge can cost people their jobs or their careers. It is a charge that gets visibility on local news media websites and blogs alike.

That's why it must be fought. Challenging the results of a breath test may be one of the best ways to defeat a DUI charge because breath testing has been known to be faulty in Florida. In some jurisdictions, prosecutors have dropped DUI charges because the breath tests are bad.

Aside from breathalyzer tests, field sobriety testing can be challenged if the officer isn't properly trained or if video surveillance from the police cruiser shows they are being administered wrong. An experienced lawyer can also seek to prove that police didn't have the authority to make the stop in the first place. Without probable cause -- such as a traffic violation -- police can't pull over your car. Showing that they had no basis to make a stop can lead to all evidence being inadmissible.

As the Broward County Criminal Lawyer Blog reported in October, Cabrera was arrested in February in Fort Pierce when sheriff's deputies found a car on the side of the road with smoke coming out.

When officers arrived, they allegedly saw Cabrera grab a bottle of Scotch and start drinking it in front of officers. News reports state he threatened workers of a barbecue restaurant just before the stop because it was closing down for the night.

Cabrera faces charges of DUI, misdemeanor resisting an officer without violence and a citation for possession of an open container. The latest delay was because prosecutors said the trial is expected to last a week instead of only three days as previously planned.

A week-long trial for a DUI is rare in Florida, so it will be interesting to see what evidence the attorneys plan to present at trial. Experts may be called in to testify about similar cases or to help jurors understand the law and that to be convicted of DUI, you must have been driving while intoxicated. If Cabrera wasn't driving, he may not be convicted. Stay tuned.

Travel organization AAA predicts that more than 40 million people will be traveling before Thanksgiving and leading into that weekend, USA Today reports.

Certainly, police are aware of the figures and are planning how they will tackle the glut of traffic that will be moving up and down Interstate 95. More specifically, they will be looking for people they can arrest for DUI in North Miami up to Fort Pierce and beyond.

Officers will likely set up DUI checkpoints throughout the weekend in order to try to trap people whom they suspect have been drinking and driving. They may also consider increased patrols where officers are told to target drivers whom they can charge with DUI. There is also an increased risk for getting traffic tickets in South Florida during this holiday weekend.

In either circumstance, a North Miami defense lawyer can help. There are defenses to every charge -- from a traffic ticket to murder. An experienced attorney will be able to delve into the facts of each individual case and attempt to show that the charges are unfounded. Each case must be evaluated based on its individual facts.

According to USA Today, AAA estimates that 42.5 million people are expected to travel during the Thanksgiving week. That's up 4 percent from 2010 and the only significant jump in holiday travel for any holiday this year.

AAA says that "gateway cities" such as Atlanta, Chicago, Philadelphia, Baltimore and Hartford can expect delays. Luckily, the Miami area would be considered a destination and not a gateway city. However, travelers will likely experience major traffic congestion, which can lead to fender-benders and other traffic incidents if drivers aren't careful.

Also, Florida is among the top 10 states with highest maximum speeding fines, so drivers trying to get to their destination quickly better beware. Experts say that while police may be out looking for drunk drivers and other violators, the extra traffic can pad the coffers.

"Holidays are a prime time for stepped-up traffic enforcement, especially with out-of-state drivers, since they're less likely to fight their tickets," National Motorists Association spokesman John Bowman says. "It's a real pain to have to travel across three states to fight a ticket of any kind. They bank on the fact you won't do it."

Fighting a ticket can mean the difference between hefty fines, points on a license and possibly preventing future trumped-up traffic charges based on a past fine. Police officers sometimes make mistakes and it's possible that a driver didn't actually commit the traffic violation or cause the accident they are being cited for.

If you are traveling this holiday season, our Broward County DUI defense lawyers urge you to be careful. With more drivers on the roads, traveling can be stressful. And adding to that stress will be the presence of police officers seeking to ticket and arrest as many people as possible.

If you are snagged in a speed trap or DUI checkpoint, call our office as soon as possible. Ensuring you are well-represented is the first step in ensuring your rights are upheld as you fight a problem that can ruin your holidays with the family.

Two recent cases in the news highlight the fact that DUI charges in North Miami or anywhere else can be beaten.

Whether by challenging the officer's observations during field sobriety tests, criticizing the initial traffic stop or challenging the always faulty and inaccurate breathalyzer results, an experienced Broward County DUI defense lawyer can help ensure a driver's rights are upheld.

In DUI cases in Florida, not only is a person's freedom and liberty on the line, but so too are their driving rights. The inability to drive in Florida -- more known for its urban sprawl than its public transportation -- can be a major hindrance to a person's life. That's why fighting a DUI charge is even more important.

In a case out of Pennsylvania recently, a lawmaker accused of drunken driving had charges dropped by a judge based on the lack of credible testimony by the officers who made the arrest.

The lawmaker was stopped by two officers just after midnight one April day in Philadelphia after police said they saw her driving the wrong way down a street. The lawmaker insisted she wasn't driving the wrong way and testified she had one chocolate martini that night. She claimed the officers created the story of driving the wrong way to have a reason to stop her.

The state claimed she had a 0.16 blood-alcohol level based on a Breathalyzer test, but that evidence wasn't submitted by the state. That's because a month after her arrest, the district attorney ordered a review of thousands of cases based on faulty breathalyzer calibrations discovered by police.

In a case out of California, an investigative journalist recently had DUI charges thrown out by a judge after the judge found that police didn't have probable cause to make the initial stop.

According to the Santa Barbara Independent, the journalist had written extensively for a newspaper about police misconduct regarding the officer that made the stop. Police stopped his car after he remained stopped at a green light for three to five seconds. After an officer noticed he wasn't moving, the officer pulled alongside and shone a light toward the vehicle. The driver looked up at the officer, then back down to his lap and then he drove off.

The man's lawyer pointed to several out-of-state cases where drivers sat at green lights for as long as 60 seconds and judges ruled that officers didn't have the right to pull them over and begin a DUI investigation.

The journalist has written a series of newspaper reports about the officer, the department's drunken driving officer, regarding a past criminal history, credit issues, her marriage and her work as a police officer. He even wrote about her after his arrest. he alleges the officer held the breathalyzer in his case in a way to manipulate it. He allegedly blew a 0.09 during a breath test.

These cases -- while different in nature -- show that DUI allegations can be thwarted with a strong defense and the right facts. Attempting to defend a DUI case alone is not wise and could lead to major penalties. Don't do it alone -- trust an experienced DUI lawyer.

A Port St. Lucie man was arrested recently and now faces charges of theft on the Treasure Coast after allegedly stealing computers from a Wal-Mart store, TCPalm reports.

Theft charges can be serious and are typically tied to the value of what is stolen. This may seem somewhat minor, but determining the value of property that is stolen is critical in these types of situations.

An experienced Treasure Coast criminal defense lawyer knows that video surveillance can be spotty, witness identification should always be scrutinized and the police don't always catch the right person. Defending oneself is the only way to go in a theft case. Whether shoplifting or armed robbery, the penalties can be severe. Plus, the authorities may try to add other charges based on a number of factors.

Florida Statute 812.014 lays out the definition of theft and the penalties a person can face if charged.

Under the law, theft is pretty obvious, but how it is punished varies depending on a number of factors. For instance, grand theft can be charged as a third-degree felony all the way to a first-degree felony. That means penalties can range from five years to 30 years in prison if a conviction is reached.

And there are certain items that make a theft automatically a grand theft, some of which are quite interesting. This includes a person's will, a stop sign, a fire extinguisher, a gun, a farm animal and a vehicle. The third-degree grand theft charge is defined as stealing something valued between $300 and $5,000, which is a significant range.

Proving value can be tricky for the state sometimes, but if merchandise is stolen from a retailer, prosecutors will usually just rely on price tags to determine value. Items stolen from elsewhere can be more difficult.

In this case, the 40-year-old man is charged with taking a crowbar from an aisle, walking to the electronics department and taking three laptops valued at $1,444.

According to the news article, witnesses said the man put the computers on a cart as employees confronted him. He allegedly left them and left the parking lot. When police officers were sent to the store, they observed video that allegedly shows the man committing the theft.

They later found the man hiding in bushes near the store. He had chest pains and was taken to the hospital before being transferred to jail. He now faces charges of grand theft, resisting a merchant, resisting without violence, criminal mischief, and loitering and prowling.

Cases like these deserve a strong and well-planned defense. Every defendant has the right to a fair trial and legal advice at every stage.

For juveniles who face theft charges, the stakes sometimes are even higher. A future plagued by a past mistake can lead to years of frustration. Fighting the charges and eliminating a mark on an otherwise spotless criminal record can be a smart move to ensure a brighter future.

A 26-year-old Boca Raton man was arrested recently charged with DUI manslaughter in a vehicle crash last March that killed a Boynton Beach motorcyclist, the Sun Sentinel reports.

In this case, it wasn't about alcohol -- it was drugs that allegedly led to the crash and the charges. Authorities are relying on toxicology reports that recently came back after six months that allegedly show drugs were in the man's system at the time of the crash.

DUI manslaughter charges in Broward County are the most serious that a driver can face. The penalty for a person convicted of the charge is a maximum of 15 years in prison.

An experienced and aggressive Broward County DUI defense lawyer must be able to dissect the evidence that the state intends to use. The attorney must be good at analyzing test results and the officers' observations, as well as reconstructing the scene, deposing witnesses, and looking at all aspects of the case in order to get to the truth.

In this case, the accident happened March 18 at the intersection of Beracasa Way and West Palmetto Park Road, west of Boca Raton. According to police, the 26-year-old defendant driving a 2005 Hyundai Sonata pulled in front of the motorcyclist.

The Sun Sentinel reports that the motorcyclist swerved and hit the brakes, and upon impact he was thrown from his seat. The Hyundai hit the side of the motorcycle, causing him to hit the pavement. He died an hour after the accident.

According to the newspaper, blood tests revealed that the driver of the car had more than four times the prescribed amount of oxycodone and alprazolam in his system at the time of the crash. Blood work also revealed that he had THC, a component of marijuana, in his system.

Witnesses said that the man started to drive away from the scene until one of the witnesses chased him down. He then returned to the scene, they said, and appeared to have bloodshot and glassy eyes, and slurred speech.

The man admitted to taking painkillers for a back problem. Police found empty bottles of oxycodone and alprazolam in the vehicle. They were legally prescribed and filled a day earlier.

In many cases, a driver can take powerful painkillers for an injury or ailment and not realize the difficulty they can have driving after taking them. This can sometimes explain issues they may have with driving after taking medication and can lead to DUI charges.

Marijuana is a drug that can stay in a person's system without affecting them for up to 45 days. This is hardly concrete evidence that a person was under the influence of marijuana because it can't be proven through testing when the person last smoked it.

And officers are unprepared to handle DUI cases where drugs, rather than alcohol, are alleged to be involved. Every police officer is trained in how to detect alcohol as a factor in impairing a driver's ability, but very few -- most departments don't have one officer -- can tell how drugs affect a person's ability to drive.

A recent story in The Miami Herald details the difficulty police sometimes have in proving charges levied against defendants.

This case involved a late-night crash of a driver going the wrong way on Interstate 95 and then fleeing the scene on foot. The alleged driver was a police officer, making the case that much more fascinating.

But the story showed that while allegations of DUI, insurance fraud and theft were made by the investigators, the state was able to prove none of it. That is how things work out sometimes. While the public may be out for blood when a suspect is arrested, the police have a job to do and if they don't have sufficient evidence, a not-guilty verdict must be rendered in a Broward DUI case.

Broward County DUI defense lawyers are dedicated to the client and doing what is in his or her best interests. Whether that means intensifying plea negotiations or going full-throttle toward trial, an attorney must be prepared for anything.

The Miami Herald story is a interesting case of the inner workings of an investigation and the roadblocks that one detective came across when trying to discover the truth. The case went back to 2007, when a woman and her friends were driving on the Interstate and were struck by a driver traveling in the wrong direction.

No one was killed, but there were injuries. The driver of the other vehicle fled on foot, leaving them helpless on the highway. The man running away on foot was a police sergeant who had just spent hours out on the town with his colleagues. Officers found him and drove him home rather than question why he smelled of alcohol and was caked in mud.

The story highlights the night of Dec. 6, 2007, when the officer, his staff and their dates went from club to club, drinking and having fun. At the last establishment, the article states, a valet argued that the sergeant shouldn't be driving because of his level of intoxication. An argument ensued and the sergeant's officers agreed to drive him home.

But at some point, the two vehicles heading to the man's home pulled over and the sergeant began driving home after insisting he was fine. Shortly after, his vehicle was going down the interstate in the wrong direction.

A Florida Highway Patrol trooper with experience as a traffic homicide investigator and DUI officer began investigating the case as an insurance fraud case. What he found, the story highlights, was uncooperative police colleague witnesses, that the valet had killed himself, taking away a big piece of potential evidence, and the inability to prove the sergeant was driving his car.

After subpoenas and dealing with less-than-helpful police witnesses, the FHP investigator was unable to account for the sergeant's date and determine who was driving the vehicle that caused the wrong-way crash.

After a several-year investigation, the sergeant was charged with leaving the scene of an accident with injuries, insurance fraud and grand theft. But after prosecutors got the case and key evidence was tossed out because the vehicle wasn't sealed in the impound lot, the sergeant eventually pleaded no contest to a misdemeanor charge of leaving the scene of an accident.

Though he lost his job, the state wasn't able to prove the most serious charges against him.

This is why we have a criminal justice system. Some people would assume that if your vehicle was involved in an accident and you were found nearby with the keys to the car in your pocket and you smelled of alcohol, you were guilty of the crime. But the state has the large burden of proving the charges beyond all reasonable doubt. Without this system, anyone could be charged and thrown in prison without proof.

A judge recently set the DUI trial date for former Florida Marlins slugger and current Detroit Tigers first baseman Miguel Cabrera for Nov. 30, TCpalm.com reports.

Cabrera, 28, was arrested in February after deputies responded to a car with smoke coming out of the hood on the side of the road in Fort Pierce. Deputies reported that Cabrera grabbed a bottle of scotch and starting drinking it during the stop. Reports say he allegedly threatened the workers of a barbecue restaurant moments earlier when it was closing down for the night.

Charges of DUI on the Treasure Coast come with hefty repercussions and not just in the possible criminal penalties a person could face. There are other consequences, such as a hit to one's reputation, possible job loss and for young people, the possibility that scholarships or college admission could be stripped away with an arrest.

But it is the job of an experienced Treasure Coast DUI defense lawyer to help clients in this situation by providing dedicated service in their case.

The facts of every DUI case are different. No two cases are exactly alike. And unlike the representations of the news media sometimes, not everyone accused and arrested is guilty. There are defenses to DUI, just like theft, robbery or assault.

In Cabrera's case, he already had a victory when, during a Treasure Coast DUI driver's license administrative hearing his license was reinstated because a judge found officers didn't satisfy requirements to take away his license under the facts of the case.

While administrative driver's license hearings and DUI prosecutions are separate, this bodes well for his situation.

According to the news report, Cabrera is unlikely to enter a guilty plea to the charges and will instead seek a jury trial. Jury selection is scheduled to begin Nov. 30 and the trial will take two days -- Dec. 1 and 2.

Prosecutors have alleged Cabrera was spotted "drunk" by patrols at a barbecue restaurant in Fort Pierce before police spotted his car. When they got to his vehicle, he wasn't driving it.

He faces charges of DUI, misdemeanor resisting an officer without violence and a citation for possession of an open container. Prosecutors dropped a second charge of resisting officers.

What may be a challenge for officers is proving the charge of DUI -- "driving" under the influence. In order to be convicted, it must be proven beyond all reasonable doubt that a person was operating a motor vehicle. If there is no proof a person was driving -- assumptions aside -- that could be a challenge for the prosecution. They must also prove why they found probable cause to start a DUI investigation when they were only there to help a stranded motorist.

Cabrera left the Marlins to play for the Detroit Tigers. Now that that team's season is over, it's likely the delays in the case will subside. The judge has urged lawyers to prepare for the November/December trial date rather than seek continuances.

Prosecutors in the Sarasota area have begun dropping breath test results after revelations that the Intoxilyzer 8000 has produced defective results, causing many cases to be discontinued, the Sarasota Herald-Tribute reports.

Broward County DUI lawyers have been fighting breath test results for years as they have shown themselves to be unreliable. Many defendants have been wrongly convicted on the backs of these test results, only to find out that in other cases, the machines were improperly manufactured or police officers didn't maintain them correctly.

Breathalyzers in Weston DUI cases must be looked at closely in any DUI case. It would be a smarter move if police and prosecutors would just save everyone a lot of time, effort and money and stop using these devices that they know are probably faulty.

And this isn't just an issue in Florida. In Philadelphia, thousands of cases were under review because devices were incorrectly producing results that weren't accurate. In California, several police departments had faulty breathalyzers that required prosecutors to drop charges against defendants whose cases were pending. But for many who had already been convicted or who had entered pleas, they weren't so fortunate.

Attorneys throughout Florida have been fighting the Intoxilyzer 8000, the only breath-testing device approved by the Florida Department of Law Enforcement. Cases have popped up where there were problems with the device and in order to further inspect them, attorneys requested the source codes from the manufacturer. After years of legal battles, a Florida judge agreed that defense attorneys should have the codes, but the Kentucky manufacturer hasn't been cooperative.

Many defendants have been wrongly convicted based on numbers that were inaccurate. Jurors tend to be swayed by breath-testing results and if the numbers are wrong, the defendant's rights are being violated.

In Sarasota, prosecutors have reviewed DUI cases and will be sending letters to defendants who were tested with the breathalyzers notifying them that the machines weren't working properly and that the results won't be used against them.

In cases where there is other evidence a driver was impaired, such as field sobriety testing, officer testimony or independent witness testimony, prosecutors will still pursue convictions. But without breath testing results, defendants could end up with more dropped cases or, at the very least, better plea offers. One out of every three DUI cases in Sarasota County have been affected by flawed breath testing equipment used by police there.

The root of the problem, the article states, is that the maximum air capacity in a lung is 5 liters, but the machines were measuring 10, 11 or 12 liters of lung capacity. Defense attorneys statewide are looking at the issue now that attorneys there spotted the problem.

Despite the desire for prosecutors to get a conviction, they must ensure that defendants' rights are being upheld throughout the process. The Intoxilyzer 8000 may be violating people's rights by either being created poorly or used by officers in a way that produces incorrect results. Let's hope Broward prosecutors take note.

A recent report out of Fort Lauderdale states that a man serving 10 years on probation was seeking to have that probation terminated, to no avail, 7 News reports.

In cases where a person dies as a result of an accident where drinking and driving is alleged, the emotions will run high. DUI manslaughter in Weston and throughout Florida is the most serious charge a person can face related to drinking and driving.

In Florida, it is punishable by up to 15 years in prison and can result not only in a period of incarceration, but also possible probation, fines and fees and restitution to the victim. It is very serious and must be challenged by a serious and aggressive Weston DUI defense attorney.

In this case, the man was convicted in 1999 of killing a man in an accident. He served about two years in prison and then was placed on probation for 10 years. Recently, after serving a good portion of that time on probation, he filed a motion to terminate the probation early.

He is well within his rights to file this motion, as defendants have the ability to file such a motion if they have gotten through probation without any problems. This means they have reported to their probation officers on time, have paid probation each month, kept the probation officer apprised of their address, contact information and job, if they have one. Most importantly, they haven't violated terms of the probation, like picking up a new charge, not paying for probation or not meeting with their officer on time.

But in this man's case, he came up against fierce resistance from the victim's family, who told the judge that the motion was like "reopening that wound" from years ago. One family member had to be escorted out of the courtroom by a deputy after yelling at the defendant.

The defendant told the judge he had deep remorse for his actions and thinks about the victim every day. Despite these facts, the judge wasn't persuaded and denied the motion, leaving the man on probation. He may be able to re-file the motion if he continues to show good behavior while on probation.

In a DUI manslaughter case, the state must prove the driver was drunk and it was their actions that caused a fatal crash. But scene reconstruction experts may be hired by the defense to dispute police accounts of what occurred.

It is possible in DUI accidents, as in any accident, that the victim's driving habits, or their own intoxication could have played a role or been the actual cause of the accident. It's possible, based on the circumstances, that a defendant can have all the charges dropped if an aggressive Broward County DUI defense attorney can prove this is the case.

As in any criminal case, the defendant must be well-represented. This is especially true when the possibility of a 15-year prison sentence is on the line. All aspects of the case must be challenged with an aggressive attorney standing beside the defendant.

A recent story out of Beverly Hills, California, reveals the true purpose of DUI checkpoints -- a public relations experiment.

While police agencies get tens of thousands of dollars from state and federal grants to perform these checkpoints -- which some say are unconstitutional -- the Beverly Hills police admit what others may not. And that is these checkpoints aren't designed to arrest people for DUI, but rather to keep in people's minds that they shouldn't drink and drive.

Weston DUI defense lawyers would question why departments are taking officers off the streets and assigning them to checkpoints if they don't intend to make arrests. If their goal is to make people aware of the dangers of drinking and driving, why not come up with a more effective and less expensive way?

Picking up a DUI arrest in Broward County can be one of the most embarrassing and life-altering experiences of a person's life. For that reason, the charges must be challenged. Whether arrested at a checkpoint or just driving to the store, there are many defenses for a DUI that must be employed for the client.

According to the Beverly Hills Patch, an officer told city council that the main objective of checkpoints is to bring DUI driving to the "forefront of people's thought process" rather than make arrests.

Yet, the lieutenant provided these facts:

• The department uses between 25 and 30 officers per checkpoint


• Each checkpoint costs $10,000, paid for by state grants


• The department conducts seven checkpoint operations each year


• Police determine checkpoint locations based on the number of DUI arrests in a particular part of the city


• Checkpoints average 2,223 vehicles, while a little more than just 20 percent -- 480 -- are stopped and screened


• Three field sobriety tests are conducted, on average, for each checkpoint


• One driver is arrested for DUI, 3.3 for driving without a license, 2.5 for driving with a suspended license and 0.3 for drug offenses

Citizens should be asking whether this strategy is a good use of taxpayer dollars. Even if the money is coming from state coffers, is it really worth the effort? With few arrests, police can only rely on the notion that people who go through a checkpoint will avoid drinking and driving in the future, but there's no guarantee to that.

Meanwhile, people are arrested on charges that can ruin their lives or careers, even before any actual proof and evidence is presented at trial. DUI checkpoints in Broward County are a misuse of power and time for our police officers who should be spending their time tracking down hardened and violent criminals and solving past crimes.

Manny Ramirez, the former World Series MVP and one-time lock to make the Baseball Hall of Fame, was recently arrested in Weston and charged with domestic violence after an alleged incident with his wife, the Sun Sentinel reports.

Ramirez, 39, is charged with domestic violence battery and was released after posting bail, the newspaper reports.

Domestic violence in Fort Lauderdale is most often a case of "he said/she said." Police often respond to a call of domestic battery and respond thinking the man is the suspect, even before they see any evidence. This isn't always the case, but it does happen.

In situations where both spouses are injured and there are no witnesses, whoever claims to be the victim is sometimes the person who gets treated with compassion, while the other is automatically considered the aggressor. This isn't right, but it happens with regularity. Hiring an experienced Weston criminal defense lawyer to handle these cases is important in order to ensure the truth comes out.

These situations can spiral out of control after starting as a small argument and escalate quickly. Sometimes alcohol is a factor, turning arguments into potential criminal situations. It's necessary to make sure that if an arrest is made the police have all the facts.

In Ramirez's case, he allegedly got into an argument with his wife and hit her in the face with an open hand. Ramirez denied hitting his wife, but said instead he grabbed her by the shoulders and she hit her head against the headboard of the bed they share.

Police, though, say the woman's face was swollen and red, and that she had a bump on the back of her head. She refused treatment but was the person who called police to their house.

When police officers respond to these types of calls, they likely feel pressure to make an arrest because not doing so could end badly. They don't want to go to a house where people have been fighting and leave them alone to continue fighting and potentially severely injuring one another. So, officers feel as if they have to make an arrest, whether they have probable cause or not. If one person denies fault and the other says they're a victim, the person who denies fault is likely getting locked up.

Even if police don't have much evidence, they are still going to make an arrest. An experienced Fort Lauderdale criminal defense lawyer must be hired to defend against these allegations. Aggressively questioning the officers involved as well as the alleged victim can often lead to the truth coming out.

This can usually be done before trial in order to minimize the chances of conviction. In many situations, the alleged victim recants testimony and charges are dropped long before a trial date is even set. But this, too, requires an experienced attorney asking the right questions.

The Sun Sentinel recently reported that the number of drug-related DUI cases is on the rise as prescription drug problems plague South Florida.

But Broward County DUI Defense Lawyers would point out that local and state law enforcement officers are woefully under-trained when it comes to drivers under the influence of drugs. However, you would be hard-pressed to find an officer who hasn't been trained on how to detect a driver who has been drinking and how to conduct field sobriety tests, breathalyzer tests and the commonly executed DUI investigation.

Finding officers who have the training and experience to properly detect a driver under the influence of drugs is a rare feat. According to the Institute of Police Technology and Management, an agency that is designed to train officers, there are only 5,000 officers worldwide trained as a drug recognition expert. That means that less than 1/10 of 1 percent of all law enforcement officers has this certification.

Think about that for a minute -- 5,000 officers worldwide -- have this certification. There are several hundred law enforcement agencies in Florida alone and each agency has from dozens to thousands of officers. And yet there are only 5,000 in the entire world who can detect when a driver is under the influence of drugs.

Yet the Sun Sentinel is reporting that drugs such as oxycodone and Xanax are playing a role in traffic crashes throughout Palm Beach County. This year, drug-related crashes increased 18 percent -- 64 last year compared to 54 in 2005. In all of Florida, drug-related traffic accidents fell three percent in 2010 after climbing 11 percent in 2009. The increase in drug-related crashes statewide over five years is minuscule -- just 60 more such crashes from 2006 to 2010.

One likely reason the numbers are low is because officers simply don't have the training to make this determination and turn them into viable statistics. Through anecdotal evidence, prosecutors say they have seen an increase in drug-related deadly crashes. Prescription drug cases, more than harder drugs like cocaine and marijuana when combined with alcohol, are leading to most of the problems, the article states.

When a person is pulled over for a traffic violation and officers begin a DUI investigation, an officer must have proof that a person is under the influence. A breath test won't work for drugs because it is designed to measure alcohol detected in a person's breath. So, officers likely will rely on their observations and possibly field sobriety tests to determine if they can make an arrest or not.

In either case, sometimes a person's physical limitations or the weather can explain why they have performed poorly on tests. And nervousness from being pulled over can sometimes explain why they are acting strangely.

All aspects of a DUI case must be considered by a Broward County DUI Defense Attorney in order to ensure a person's rights are upheld and they get a fair trial.