Criminal DefenseHow to Prepare for a DUI Court Hearing in West Palm Beach, Florida
If your DUI court date is approaching in West Palm Beach, you may be trying to sort through what the next few weeks look like, even if you’ve already hired a…
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Criminal DefenseHow to Beat a DUI Charge in West Palm Beach, Florida
A DUI charge in West Palm Beach often starts with an unexpected traffic stop that turns into something far more serious than you anticipated. In the hours after the…
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Criminal DefenseUnderstanding the Open Container Law in FL
You and your spouse finish dinner at a local Florida restaurant, sharing a quiet meal and a glass of wine. When the server offers to re-cork the remaining wine so…
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Criminal DefenseCan a Breathalyzer Detect Weed in West Palm Beach, Florida?
You’re driving through West Palm Beach when blue lights flash in your rearview mirror. Maybe you rolled through a stop sign, had a taillight out, or swerved…
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Criminal DefenseIs Your License Suspended Immediately After a DUI in West Palm Beach, Florida?
You knew you shouldn’t have driven that night. But now the flashing lights are behind you, and everything is moving fast. You’ve been arrested for driving under the…
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DUIHow a DUI Conviction Can Affect Your Ability to Obtain a Florida Hardship License
We've all heard the phrase, “Don't drink and drive,” but it still bears repeating, especially considering the vibrant nightlife and many restaurants lining…
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DUICan You Refuse a Field Sobriety Test in Florida?
Imagine driving down a Florida highway, feeling confident and relaxed behind the wheel, when suddenly you see flashing red and blue lights in your rear-view mirror.…
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DUIUnderstanding Florida’s DUI Laws
Police officers have heard every excuse in the book when they catch someone in the act of drunk driving, also known as driving under the influence. Justifications…
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DUIIs it Legal for Police to Draw Blood in the Event of a DUI?
Is it Legal for Police to Draw Blood to Test for A lcohol if Driving Under the Influence is Suspected? It is important to know your rights and understand what you…
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Are the Police Allowed to Draw Blood in a DUI Accident Case?
If you are stopped for driving under the influence, make sure you hire an experienced DUI attorney to handle your case. You have rights and it is important to make…
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Woman Charged With DUI | Check Out This Story
Never Drive With A Tree Lodged In Your Front Grille If a police officer stops you while you are driving and she does not have a legal reason to do so, your case may…
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Know Your Rights When It Comes to Police Roadblocks and Video Recordings
The law in Florida is that when a police officer, after conducting a valid roadblock stop, develops reasonable suspicion that a driver has committed or is…
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Blood Draw Ruled Legal in DUI Manslaughter Case
In the case of the State of Florida versus Kleiber , the court ruled that wiping a DUI manslaughter suspect’s arm with a dry gauze before drawing blood does not…
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DUI Stop Illegal
In the case of Pedro Dominguez versus the State of Florida , a police officer went to a domestic disturbance call, saw Dominguez driving his vehicle away from the…
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When Can a Prosecutor Not Subpoena Your Medical Records in a DUI Manslaughter Case?
In the case of Juan Guardado versus the State of Florida , Mr. Guardado was involved in a three-vehicle crash. Two of the passengers in Guardado's car were killed.…
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DUI and the Accident Report Privilege
In the case of Kenneth Wetherington versus the State of Florida , Mr. Wetherington was charged with committing the crime of felony DUI based upon his involvement in…
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The Police Need More Than Just the Smell of Alcohol to Arrest You for DUI
In the case of Robert Santiago versus the State of Florida , the facts were as follows: The police received an anonymous phone call about a car parked at the end of…
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DUI Manslaughter Conviction Overturned
In the case of Harley Pennington versus the State of Florida , a jury convicted Mr. Pennington of DUI manslaughter based on the following facts: Pennington was…
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More Good News for You If This Is Your First DUI
If you were arrested for DUI and your breath-alcohol level was over .08, the Florida Department of Motor Vehicles ("DMV") will suspend your driver's license for 6…
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If This is Your First DUI, You May Be in Luck
If you were arrested for DUI in Palm Beach County Florida and this is your first DUI, there may be some good news for you if your breath or blood-alcohol level was…
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Sometimes the Police Can't Arrest You Even if You Are Driving Drunk
The police sometimes arrest people for misdemeanor DUI when they don't have a right to do so. For example, in the case of Glenn Steiner v. the State of Florida ,…
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The Police Can't Force You to Give Blood in a Routine DUI Case
In the case of Missouri v. Tyler McNeely , Mr. McNeely was arrested for DUI and then forced to give blood at a nearby hospital. His case went all the way to the…
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Trying to Save Your Cat Won't Prevent You From Getting a DUI
In the case of Christopher Brooks versus the State of Florida , Mr. Brooks was arrested for DUI while trying to save his cat. The facts are as follows: At…
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How Do You Get a Felony DUI Dismissed in Palm Beach County, Florida?
You can be charged with felony DUI in Palm Beach County, Florida if you are charged with committing a third DUI that occurs within 10 years of a previous DUI…
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Are DUI Roadblocks Legal in Palm Beach County, Florida?
DUI roadblocks are legal in Palm Beach County, Florida but only if the police do certain things that they are required by law to do such as: 1. Have written…
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What DUI Schools are Licensed in Palm Beach County, Florida?
There are two licensed DUI schools in Palm Beach County, Florida. They are: 1. Metro Traffic School of Palm Beach 1993 South Military Trail, West Palm Beach,…
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How Much Does an Ignition Interlock Device Cost in Palm Beach County?
If you have been convicted of DUI in Palm Beach County, the cost (plus tax) for you to have an ignition interlock device installed in your car is as follows: $12…
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Do You Have to Install an Ignition Interlock Device in Your Car if You Have Been Convicted of DUI in Palm Beach County, Florida?
If you have been convicted of DUI in Palm Beach County, Florida you are required to have an ignition interlock device installed in your car in the following…
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What is an Ignition Interlock in Palm Beach County, Florida?
If you are convicted of DUI , you may be required to install an ignition interlock device in your car. What is an ignition interlock device? It is a machine that…
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How Can You Prevent Your Driver's License from Being Suspended if You Were Arrested for DUI in Palm Beach, Florida?
If you were arrested for DUI and you refused to blow into a breath machine, your driver's license will be suspended for 1 year if that is the first time you refused…
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Were You Legally Stopped in West Palm Beach, Florida Before You Were Arrested for DUI?
Most DUI cases start when a police officer sees a driver commit a traffic infraction such as speeding, and the officer then stops that person in order to give him a…
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When are the Police Allowed to Order a Test of Your Blood in a DUI Case in West Palm Beach, Florida?
Florida law permits a police officer to order a test of your blood if he has probable cause to believe you were driving under the influence of alcohol or drugs and…
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How Do You Get Your Driver's License Back After Refusing to Take a Breath or Urine Test in Palm Beach Florida?
If you refuse to take a breath or urine test in Palm Beach Florida, your driver's license will be suspended for 1 year if it is your first refusal and for 18 months…
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What Will Happen to You if You Refuse to Blow into a Breath Testing Machine in Palm Beach Florida?
If you are arrested for DUI in Palm Beach Florida, you will be taken to the Palm Beach County Jail where you will be asked to blow into a breath-testing machine (or…
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DUI Law in Florida and the Corpus Delicti Rule
The corpus delicti consists of proof that a crime has been committed and that someone is criminally responsible for committing it. The corpus delicti has to be…
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Being Adjudicated Guilty and Getting Your Record Sealed
In the case of Julie Matthews versus the State of Florida , Ms. Matthews appealed a judge's decision to not expunge her criminal record for grand-theft auto because…
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The Automatic Dismissal of Criminal Cases in Palm Beach County Florida
In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order 4.605-9/08 which automatically dismisses the following types of cases: 1. All…
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Minnesota Supreme Court Orders Prosecutors to Turn Over Computer Source Code for Breathalyzer
On January 25, 2009, I posted an article on this website entitled "Judge Throws Out More Than 100 Breathalyzer Tests." The article discussed how two different…
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Judge Throws Out Evidence Obtained by Police at DUI Checkpoint
Manatee County Court Judge Doug Henderson recently issued an order suppressing all evidence that the police obtained at a sobriety checkpoint in 2008. According to…
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Judge Throws Out More Than 100 Breathalyzer Tests
Two years ago, Manatee County Court Judge Doug Henderson ruled that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at…
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South Florida Sun-Sentinel: 2 Get "Deal of a Lifetime" in Drag Racing, DUI Crash That Killed Boynton Man
The following article appeared in the April 30, 2008 edition of the South Florida Sun-Sentinel . Ron Chapman represented and obtained a favourable outcome for the…
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DUI & Double Jeopardy
Jeff Norman of The Huffington Post recently emailed me the following question: "What makes it legal for police to detain a DUI arrestee until he or she is…
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11 More Frequently-Asked Questions About Sealing Your Record in Florida
I recently posted an article entitled "11 Frequently-Asked Questions About Sealing Your Record in Florida." In that article, I noted that the Florida Department of…
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7 Frequently Asked Questions in Florida DUI Cases
1. What do police officers look for before stopping a driver who they think might be intoxicated? According to the National Highway Traffic Safety Administration ,…
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11 Crimes that Will Cause Your Driver's License to be Suspended in Florida
If you are convicted of certain crimes and you have a Florida driver's license, your license will be suspended by the Florida Department of Highway Safety and Motor…
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Why Aren't All DUI Investigations Videotaped?
Why aren't all DUI investigations videotaped? Perhaps it's because police departments across the country are afraid that such a practice might result in more jury…
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Adjudicated Guilty Versus Adjudication Withheld: It's Important to Know the Difference When Trying to Seal Your Criminal Record
If you would like to get your record sealed or expunged in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth,…
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Attorney-Client Privilege and Insurance Companies
I frequently represent people who have been charged with committing traffic crimes that involved an accident (for example, DUI manslaughter or leaving the scene of…
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DUI and Miranda Warnings
On February 10, 2008, I posted an article entitled "When Are Miranda Warnings Required?" In that article, I stated that the police are required to give a…
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DUI and Work Permits
Many people who are convicted of DUI are eligible to obtain a work permit while their driver's license is still suspended. Florida statute section 322.271…
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DUI and Driver's License Suspensions
If a person is convicted of DUI in Florida, his driver's license is suspended by the Florida Department of Highway Safety and Motor Vehicles . How long his license…
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DUI and Fines
The amount of fine in a DUI case depends upon such things as whether the person has any prior convictions for DUI, whether the person's blood-alcohol level or…
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DUI and Jail
The amount of jail time that a judge can sentence a person to in DUI cases depends upon such things as whether the person has any prior convictions for DUI, whether…
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Suspension of Your Driver's License in a DUI Case
When a person is charged with DUI in Florida, there are two different ways for that person's driver's license to become suspended: 1. The Florida Department of…
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What is the "Ten Day Rule" in Florida DUI Cases?
What is the "Ten Day Rule" in a Florida DUI case? That is the rule which says that if you have been arrested for DUI in Florida and you refused to blow into a…
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DUI Lab Mistakes Cost Innocent People Plenty
This is the problem with breath-testing machines in Florida DUI cases: a couple of numbers are spit out of a machine that very few people understand. Those numbers…
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