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Orlando DUI Defense Lawyer Blog

Chewing tobacco gets breath test result disallowed at trial

Although police and prosecutors in Florida frequently rely on the results of roadside breath test devices in court, we have frequently discussed how such devices do not always provide an accurate gauge of whether a driver is legally intoxicated. For example, the Intoxilyzer 8000, the device used by law enforcement in Florida, has received a great deal of scrutiny by courts due to their apparent malfunctioning.

Another potential problem with breath tests is that their results can be skewed by the presence of another, non-alcoholic substance. That is what happened to the son of legendary NFL player and coach Mike Ditka when the judge in his DUI trial threw out evidence prosecutor sought to include of his breath test. The judge determined that the blood-alcohol level allegedly measured by the device could not be reliable because the defendant had flavored chewing tobacco in his mouth at the time.

Polo club founder's felony DUI sentence suspended pending appeal

The man convicted of being under the influence when a 23-year-old man died following a collision between their vehicles was sentenced to 16 years in prison on May 11, but the sentence is on hold as the defendant appeals his case. When that appeal is resolved depends on many factors, but it could take several months.

As we have discussed several times in this DUI defense blog, the defendant, who founded the International Polo Club Palm Beach, was convicted of DUI manslaughter and vehicular homicide in March in connection with a February 2010 car accident in Wellington, Florida. The defendant's car crashed into the rear of a car driven by a University of Central Florida student. The student's car fell into a ravine, and the 23-year-old man drowned.

Soldier in fatal Tampa accident has PTSD, brain injury

Following the guilty plea of a former Marine to DUI manslaughter in connection with a 2010 fatal car accident in Tampa, the man's attorney said it was "probably as difficult of a case as I have seen." The defendant, who served in both Iraq and Afghanistan, was not given treatment by the Marine Corps despite having serious cognitive and emotional problems due to injuries and trauma suffered in combat.

We previously discussed this DUI manslaughter case in our Sept. 28, 2011 post. According to his attorney, the defendant, 38, volunteered for the Marines shortly after the Sept. 11 terrorist attacks. He has since been discharged from the Corps, but not before earning three Purple Hearts and a Bronze star. After he witnessed a bloody attack of a bus and sustained serious injuries in a roadside bomb explosion in Iraq, the defendant's superiors suspected that he was suffering from post-traumatic stress disorder. Testing also indicated problems with verbal learning and focus.

More jury misconduct alleged in DUI manslaughter trial

For the second time, the jury that found a Florida polo mogul guilty of DUI manslaughter in connection with a car accident in Texas is under scrutiny for alleged misconduct. This time, a juror is accused of writing a short book in which he appears to admit conducting a home experiment with alcohol to try to "simulate" how the prosecution described the defendant's condition during the accident.

If the juror did what described in the 33-page book, which he self-published as an e-book on Amazon, he violated court rules. Attorneys for the defendant, the founder of the International Polo Club Palm Beach, have moved for a new DUI manslaughter trial based on the juror's conduct.

Woman from Apopka sentenced to 10 years in prison for fatal DUI crash

An Orlando-area woman was sentenced to 10 years in prison late last week in connection with a drunk-driving accident that left two men dead. She will serve five years' probation once she is released and may have to pay the families of the deceased up to $20,000 to reimburse them for funeral expenses. In addition, she will never be able to drive again because her driving privileges have been permanently revoked. Her story is a good example of how seriously authorities take DUIs and other alcohol-related driving offenses.

The 20-year-old woman was intoxicated on New Year's Eve 2010 when she struck a car just after midnight. An 18-year-old man and a 22-year-old man, both of Orlando, were in the other vehicle died in the collision.

Juror regrets DUI manslaughter conviction of polo mogul

A juror who previously joined with others to convict a motorist of DUI manslaughter for a February 2010 fatal accident in Wellington, Florida, has now had second thoughts about the case. Some of the details of the case were previously discussed on this blog on March 19. The juror frankly told the judge that he had not been convinced that the defendant, the founder of the International Polo Club Palm Beach, was actually guilty of DUI manslaughter, but that he had been under enormous pressure to just go along and convict.

This conscious-motivated honesty came in court during a hearing that the defense attorney asked for in which members of the six-person jury could be questioned in connection with any possible misconduct before their deliberations. The juror revealed that some of the others on the panel made statements indicating that they had prejudged the case, deciding that the defendant was guilty before they even heard all the evidence.

Florida couple accused of DUI while towing grandchild in toy car

A Sarasota County couple was arrested on April 29 for DUI after a sheriff's deputy said he saw their SUV towing a girl in a toy car. The deputy claimed that the man driving the SUV, the girl's grandfather, was intoxicated, as was his wife, who as allegedly riding in the rear of the vehicle.

According to police, a toy sports car was attached to the trailer hitch by a pair of dog leashes. The deputy said he saw the SUV slowly towing the toy car with the 7-year-old granddaughter riding it on an access road.

Is it right or wrong to publish DUI mug shots online?

The legal penalties that come with a DUI can be both severe and life-altering. A motorist accused of operating under the influence of alcohol is sentenced to anything from a hefty fine, time behind bars or having their driver's license revoked.

However, before any of that happens, a person arrested for DUI in Orlando may be brought to jail and booked into the system. The person may have a mug shot taken that is later posted on the website of the arresting officer's law enforcement body. Many of these mug shots find their way onto private websites that display the photos for the public's amusement.

DUI blood test results subject to human error

Prosecutors in Florida love blood alcohol tests. They claim that blood tests for alcohol content provide some of the clearest evidence that a person accused of DUI was legally intoxicated when he or she was pulled over. But like any other lab work performed by humans, blood tests are subject to error. What happens when the court cannot trust the results of a blood test?

In one state at least, authorities pay to have the suspect samples retested to avoid having all their results thrown out of court. Officials in Colorado recently admitted that a former lab technician from that state's Department of Health incorrectly tested several defendants' blood samples and reported inflated blood-alcohol levels as a result. This means that some of the accused may not have been legally intoxicated as claimed.

Boat captain's drinking played no role in passenger's death

A 53-year-old man charged with drinking and boating in an incident in the summer of 2011 which ended with the death of a passenger will not have to be incarcerated despite a guilty finding. While the prosecutor urged the trial judge to impose a harsh maximum sentence of a year in prison, the actual sentence provides for no incarceration at all, so long as the defendant complies with certain requirements.

These include obtaining counseling about the use of alcohol and successfully completing three years of probation. The judge, following a bench trial conducted after the accused waived his constitutional right to a jury trial, also ordered him to pay court costs and a $500 fine. The accident which led to the charges occurred on Aug. 6, 2011. The defendant was operating a pontoon boat in a bay. A 23-year-old passenger in the boat unfortunately fell from the boat's bow, which he was riding on.

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