Saturday, December 03, 2005

Sheriffs Meet At Cemetery To Send Grave Message

"The top cops in Northeast Florida met in a somber place Thursday morning to send home a serious message.

Jacksonville's sheriff, John Rutherford, as well as the sheriffs of Clay, Putnam, and St. Johns counties held a conference at a Clay County cemetery in order to make their message -- that driving under the influence kills -- perfectly clear.

“Our ’wolf pack’ is back, and we are also going to be having DUI checkpoints on our major throughfares,” Rutherford said.

“We are encouraging all of our officers to look at traffic as a serious matter and aggressively enforce traffic laws,” Beseler said."

DUI Florida Lawyer

DUI Penalty - Man gets 20 years for crash that killed 2

"A DeLand man who downed 11 shots of gin then crashed his car into another, killing two people, should spend more than 20 years in jail, a judge said Friday.

[The Man] was sentenced for the deaths of [two]. Another passenger was paralyzed in the high-speed crash two years ago in Spring Hill, near DeLand.

"I don't think [theman] is necessarily a bad person; however, I did not see any remorse until today," Circuit Judge S. James Foxman said as he ordered [the man] locked up for 20 1/2 years on two counts of DUI manslaugher."

Daytona Beach News Journal

DUI Tampa Attorney

Validity of DUI test device at issue

By CHRIS TISCH, Times Staff Writer

"LARGO - The Pinellas-Pasco Public Defender's Office is challenging the accuracy of the machines that test the blood-alcohol count of suspected drunken drivers. The machines' accuracy has been contested in several other Florida counties with mixed results. In at least two counties, court rulings have blocked the use of breath test results against DUI defendants.

In several other counties, including Hillsborough, judges have denied the challenge."

Wednesday, November 30, 2005

DUI Tampa - Thanksgiving Update from FHP

Sun-Sentinel.com

"The Florida Highway Patrol announced ... troopers arrested 88 people for driving under the influence of alcohol or drugs (D.U.I.), issued 7,368 tickets for speed violations, 1,586 tickets for safety belt violations and assisted 3,587 motorists on Florida's highways.">FHP reports 37 deaths in Florida over Thanksgiving holiday."

DUI Tampa Attorney

Tuesday, November 29, 2005

DUI Tampa - USF Study: Designated drivers not so sober

By Elise Bouchard of the USF Oracle

"When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of 'less drunk' rather than 'sober' drivers. A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket. "

DUI Tampa Attorney

Monday, November 28, 2005

Florida DUI Standard Jury Instruction - Presumptions

1. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

2. If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; or

3. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [his] [her] normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence to the extent that [his][her] normal faculties were impaired.

These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

DUI Tampa Attorney Florida Lawyer

Florida DUI Standard Jury Instruction

DRIVING WHILE UNDER THE INFLUENCE

F.S. 316.193

To prove the crime of driving under the influence the state must prove the following two elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle (defendant)

Give 2a or b as applicable

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired or

b. had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breach-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

DUI Tampa Attorney Florida Lawyer

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Sunday, November 27, 2005

DUI Tampa Attorney - On lookout for drunken drivers

Osceola County law-enforcement agencies are planning a series of drunken-driving crackdowns through the holidays. The Sheriff's Office plans to conduct a DUI saturation patrol tonight between 11 p.m. and 3 a.m. as part of the 'You Drink & Drive, You Lose' campaign. Sheriff's officials want people who intend to drink to make arrangements to get home safely, said sheriff's spokeswoman Twis Lizasuain, such as using a designated driver, public transportation or a taxi.

The Kissimmee Police Department is planning its special DUI enforcement operations to begin Dec. 10 and run through New Year's. 'Florida recorded 15 alcohol-related traffic deaths during the official Christmas holiday period last year,' said Kissimmee police spokesman Officer Ralph Herrera. 'We will do everything in our power to ensure that this holiday season is safer.'

In St. Cloud, the Police Department plans to conduct several DUI roadblocks between now and New Year's Eve. The department also will have roving patrols look for impaired drivers. Targeted areas include 10th and 13th Streets, Lake Shore Drive and Canoe Creek Road, the Police Department said."

Orlando Sentinel

DUI Tampa Attorney

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