Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Legislation’

Colorado v. Schaufele | Driving Under the Influence

Criminal Attorney Kenenth Padowitz discusses the issue of a search and seizure involving BAC in a DUI case

Driving under the influence of alcohol is a common offense in the United States of America. Sobriety tests and blood analysis are two common ways of testing for alcohol consumption. The offense is a misdemeanor and therefore rarely gets to the Supreme Court. Recent questions have however arisen pertaining as to whether warrants to conduct blood tests should be obtained or not. The United States Supreme Court was engaged in the case of The People of the State of Colorado v Jack Lee Schaufele. Schaufele was charged with driving under the influence of alcohol on May 30 2012. He was involved in a car accident on that day. Two officers who arrived at the scene recalled that the accused had a “thick tongue” and “sluggish speech”. They however associated these to the impact of the accident and as such felt no need to draw a blood sample from him. Furthermore, a paramedic at the scene smelled Schaufele’s breath and did not suspect or detect possible alcohol consumption. A third officer who arrived at the scene later was briefed on the situation and accompanied the victim… Read More

Self-Defense and Florida’s New Perspective | Criminal Defense Law

Self-Defense Criminal Law

 Florida’s New Perspective on Self-Defense Florida Governor Rick Scott made it official that the use of defensive threats of force, such as “warning shots”, is considered self-defense. By signing HB89, Floridian’s are now allowed to use a defensive threat as a means of self-defense, without the fear of going to prison. An Affirmative defense is defined as one in which a defendant admits to all elements of the crime but is not held criminally liable. Affirmative defenses fall into two categories, either an excuse or justification. In a justification defense, the defendant admits to all elements of the crime, but argues there is no criminal liability because the acts are justified. Where as in an excuse defense, the defendant argues the wrongdoing is excused for some reason that is personal to the defendant. Lack of mental capacity, insanity, and duress are all examples of an excuse defense. Self-defense is a justification defense. The defendant is a non aggressor who reasonably believes that force is necessary to protect themselves from the imminent use of unlawful force by another. The force used by the defendant must be… Read More