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Florida DUI lawyer reports that a lengthy federal sentence was overturned. The Act 18 U. S. C. section 924(e)(1), defined ''violent felony'' as, a crime punishable by more than one year's imprisonment that ''is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.'' section 924(e)(2)(B)(ii) (clause (ii)). After petitioner pleaded guilty to felony possession of a firearm, his presentence report revealed he had 12 New Mexico convictions for driving under the influence of alcohol(DUI). He received an harsh enhanced sentence.

The United States Supreme Court Held: New Mexico's felony DUI crime falls outside the scope of the Act's clause (ii) ''violent felony'' definition. Even assuming that DUI involves conduct that ''presents a serious potential risk of physical injury to another'' under clause (ii), the crime falls outside the clause's scope because it is simply too unlike clause (ii)'s example crimes to indicate that Congress intended that provision to cover it.

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Lakeland Police are conducting DUI Checkpoints, including saturation patrols and checkpoints in Lakeland Thursday and Friday evenings. Florida Avenue, Brunnell Parkway, and Lake Miriam are targets. Over the Limit - Under Arrest is the code name for this operation.

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The Florida Department of Transportation and law enforcement agencies statewide are joining to implement an aggressive crackdown on drunken drivers. Operation "Drunk Driving. Over the Limit. Under Arrest" was officially kicked off last week and will run through Labor Day. According to the St. Pete Times, "Our law enforcement partners will be out in force conducting sobriety checkpoints, saturation patrols, and using undercover officers to get more impaired drivers off the road," said Department of Transportation Assistant Secretary, Kevin Thibault. Close scrutiny of every vehicle on the road in the next two weeks, including motorcycles, RVs and campers will be in effect.

DUI - Tampa Florida Attorney

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Seminole judges wrong to reject evidence, appeals court decides

Rene Stutzman Sentinel Staff Writer Posted June 29, 2006

SANFORD -- An appeals court on Wednesday handed accused drunk drivers a huge defeat. It ruled that judges who have thrown out virtually every breath-alcohol test in Seminole County in the past 18 months were wrong.The ruling affects more than 100 pending DUI cases currently on appeal in Seminole, said Assistant State Attorney Gino Feliciani, and restores one of the state's most powerful pieces of evidence. It's a piece that Seminole judges stripped from about 1,500 DUI cases. Four of Seminole's five county judges who hear those cases tossed every breath test that came before them when defense attorneys asked for the computer source code at the heart of the state's breath-alcohol test unit.

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$70 for installation, $67.50 for monthly monitoring and calibration and a $100 refundable deposit or $5 monthly insurance charge. Source: Interlock Systems of Florida; Interlock Group of Florida; State of Florida Department of Highway Safety and Motor Vehicles.

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Jeb Bush on DUI Rights: The "Executive Clemency Board has streamlined the clemency process to ensure that those individuals who have served their time and become contributing members of society have their civil rights restored in a fair and timely manner. The board has instituted many rule changes, eliminating certain crimes from the list disqualifying an applicant from applying for restoration of civil rights. For example, it allows restoration of rights without a hearing for offenses such as racketeering and felony DUI convictions that had required a hearing. "

Posted by Jeb Bush

DUI Tampa Attorney

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Administrative Disqualification Law

First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1-year disqualification.

First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.

Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.

The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

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