DUI or driving under the influence is a criminal term used to refer to the crime of driving a motor vehicle while impaired by drugs or alcohol. In the case of alcohol, a typical test referred to as the blood alcohol content is administered to determine the level of intoxication that the driver has. ThereRead More
Drivers Must Possess “Actual Knowledge” of a Motor Accident to be Found Guilty of Charges in a Hit-and-Run Case
The Florida Supreme Court recently ruled that drivers must possess “actual knowledge” of a motor accident to be found guilty of charges in a hit-and-run case. Zachariah Dorsett hit a teenager with his heavy pickup, after the teen fell off a skateboard into the road. Mr. Dorsett was pulled over and arrested by police roughly threeRead More
What Kinds of Testimonial Privileges Do We Have In a Criminal Case?
Do we have any privileges that will prevent people from testifying against us in a criminal case? While most people are aware of, or partially understand the rights afforded to them, including the protection from self-incrimination, it is less commonly known that there are laws that can aid an individual in preventing others from testifyingRead More
Warrantless Blood Draw in DUI Investigation | United States Supreme Court Lets Decision Stand
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment. It was held that a forced blood draw, by itself, is not considered an exception to the warrant requirement. Up until this decision, the “exigent circumstances” exception dictated whether or notRead More
Fair DUI Flyer
For a couple months now, various news stories have been published and Youtube videos posted, showing drivers passing through DUI checkpoints. Rather than submitting to the normal inconveniences of the police officer’s demands, they instead pull up to the checkpoint and dangle a Ziploc baggie by a string from the top of their closed window.Read More
Oklahoma Senator Proposes New Law Banning DUI Offenders from Purchasing Alcohol
DUI – “Alcohol Restricted”? Senator Patrick Anderson of Oklahoma, has recently introduced a new bill allowing courts to ban those individuals who have been convicted of DUI from purchasing any form of alcohol for a certain amount of time. If this law is passed, those caught and convicted of DUI will have to carry aRead More
Sports Betting | White Collar Crimes
Four men have recently been charged by the Florida attorney general’s office with accusations stemming from an investigation looking into illegal sports betting. Racketeering, and illegal bookmaking are said to be involved; Assistant Statewide Prosecutor Jessica M. Dobbins calling it an “extensive case”. The illegal enterprise is said to have managed millions of dollars inRead More
Pregnant Woman Sentenced for Two Counts of DUI Manslaughter
Rosa Kim of Plantation, FL., was sentenced to 15 years in prison for 2 counts of DUI manslaughter. March 18, 2012, Kim crashed into a poolside cabana at the Riverside Hotel, which is located in Fort Lauderdale, resulting in the death of Alanna DeMella, and her unborn baby. In Bautista v. State, precedent was setRead More
Difference Between a Traffic and a DUI Investigation
What is the Difference Between a Traffic Investigation and a DUI Investigation? Traffic Investigation: If you have ever had the misfortune of being involved in a traffic accident, you knowthat the process can be stressful and traumatic. In most cases, a police officer or crash investigator will respond to the scene and conduct an investigation.Read More
Bautista v. State | DUI Manslaughter
DUI Manslaughter | Double Jeopardy? The Supreme Court of Florida is faced with a certified question “of great public importance” from the Fourth District regarding the decision of Bautista v. State: “DOES THE “A/ANY” TEST ADOPTED IN GRAPPIN V. STATE AND STATE V. WATTS AS THE METHOD FOR DETERMINING THE UNIT OF PROSECUTION FOR THE COMMISSION OF MULTIPLE PROSCRIBEDRead More