Articles Posted in DUI

Published on:

By

In Florida criminal proceedings, a defendant charged with DUI and related offenses may face significant challenges if the prosecution seeks to introduce prior convictions. These prior convictions can enhance the severity of the charges and potentially bias the jury. Federal and state courts must carefully balance the government’s evidentiary needs with the defendant’s right to a fair trial, as demonstrated in a recent Florida DUI case, which discussed the limits of severance and the proper use of bifurcated proceedings when prior DUI convictions are at issue. If you are charged with DUI or driving with a suspended license, a skilled Pensacola DUI defense attorney can advocate for legal safeguards that preserve your rights throughout the process.

Factual and Procedural Background

It is reported that the defendant was charged by information with two separate offenses arising from a single driving incident. The first count alleged driving under the influence (DUI) as a second or subsequent offense. The second count charged the defendant with knowingly driving with a license that had been suspended, canceled, or revoked. The prosecution intended to introduce evidence of a prior DUI conviction, specifically a judgment reflecting that the sentence included a six-month suspension of driving privileges. This judgment was offered to prove that the defendant had knowledge of her license suspension, a necessary element of the second charge.

Allegedly, the defendant moved to sever the two counts for separate trials, arguing that evidence of the prior DUI conviction would be prejudicial and could improperly influence the jury’s evaluation of the current DUI offense. The defense also requested bifurcation of the proceedings to ensure that the jury would only consider the prior DUI conviction if it first found the defendant guilty of the current DUI charge. The government opposed severance but agreed to bifurcated proceedings as to the prior conviction. Continue reading →

Published on:

By

In criminal defense cases involving driving under the influence (DUI), much depends on the legality of the initial traffic stop and subsequent investigation. Trial courts must evaluate whether law enforcement acted within constitutional limits when detaining and arresting a driver. In other words, an officer must have reasonable suspicion for both the traffic stop and the ensuing DUI investigation, as discussed in a recent Florida DUI case.  If you are facing DUI charges in Florida, it is crucial to speak with a knowledgeable St. Petersburg DUI defense attorney who can scrutinize every aspect of the traffic stop and fight for your constitutional rights.

Factual and Procedural History

It is reported that the defendant was pulled over by a city police officer who observed her vehicle traveling at a high rate of speed and straddling two lanes of traffic along State Road 436. The officer visually estimated the defendant’s speed at 69 miles per hour in a 45 mph zone but did not use radar or pacing to confirm it. After catching up to the vehicle, the officer noted that it continued to travel between the right and center lanes for approximately 15 seconds before entering an intersection and turning into a parking lot, where it hit a curb.

It is alleged that upon initiating the stop, the officer detected signs of intoxication. The defendant reportedly had slurred speech, bloodshot and watery eyes, and emitted the odor of alcohol. She appeared confused while searching for her identification and resisted arrest after declining to participate in field sobriety tests. The officer transported her to the county jail, where she provided two valid breath samples. The samples were collected by jail personnel, not the arresting officer, and showed signs of alcohol consumption.

Continue reading →

By
Posted in: DUI
Published on:
Updated:
Published on:

By

Under Florida law, the courts have discretion with regard to sentencing people convicted of crimes. Their discretion is not boundless, however, as in some cases, they are bound by statutory limitations. If a court issues a sentence that fails to abide by a directive in a sentencing statute, the sentence may be deemed illegal, as demonstrated in a recent Florida case in which the defendant appealed the penalties imposed on him following a DUI conviction. If you are charged with a DUI crime, it would benefit you to meet with a St. Petersburg DUI defense attorney to assess what measures you can take to protect your rights.

Procedural Background of the Case

It is reported that the State charged the defendant with a DUI offense. He subsequently agreed to plead nolo contendere to reckless driving as part of a plea deal. The trial court subsequently placed him on probation for twelve months. The defendant appealed, arguing that his sentence was illegal.

Sentencing for Misdemeanor Crimes

On appeal, the court agreed with the defendant’s argument that his sentence was illegal. In doing so, it explained that a first-time reckless driving offense is a misdemeanor, as it is punishable by a maximum term of imprisonment of ninety days. Further, the Florida Statutes state that a defendant placed on probation following a misdemeanor conviction should be supervised for a maximum of six months. As such, the trial court’s order of one year of probation was illegal. Continue reading →

By
Posted in: DUI
Published on:
Updated:
Published on:

By

DUI offenses are not merely traffic violations; instead, they are crimes that can carry significant penalties. There are limitations to the penalties a court can impose for a DUI offense, though, and if a court imposes a sentence over the maximum permitted, it may be unlawful. This was demonstrated recently when a Florida court vacated a sentence for DUI manslaughter on the grounds that it did not include a mandatory probationary component. If you are charged with a DUI offense, it is important to retain a St. Petersburg DUI defense lawyer who can assist you in fighting to protect your rights.

The Procedural History of the Case

It is alleged that the defendant was charged with and convicted of DUI manslaughter. The trial court sentenced him to fifteen years in prison, with a four-year mandatory term. The defendant appealed, but his conviction and sentence were confirmed without an opinion. He then filed a petition, alleging his appellate counsel was ineffective in that he failed to argue that the defendant’s fifteen-year sentence for DUI manslaughter lacked the probationary component required under Florida law. In support of his argument, he referred to a recent Florida decision that held that when a defendant is convicted of a DUI offense, the total sentence cannot exceed fifteen years, which includes the appropriate probationary period. The court agreed with the defendant’s assertions and, therefore, reversed his conviction.

Florida’s DUI Sentencing Laws

To prove a claim of ineffective assistance of appellate counsel, a defendant must show that the appellate attorney’s performance was deficient and that the deficiency of that performance compromised the appellate process to such a degree as to undermine confidence in the fairness and correctness of the appellate result. Appellate counsel can be ineffective for failing to raise issues of merit based on law decided during the pendency of a direct appeal. Continue reading →

By
Posted in: DUI
Published on:
Updated:
Published on:

By

Pursuant to state and federal law, people cannot be convicted more than once of the same offense, as it violates the prohibition against double jeopardy. While in some instances, it is clear that a conviction constitutes double jeopardy, in others, it is less obvious. For example, a Florida court recently clarified that multiple DUI convictions arising out of a single individual’s harm constitute the same criminal offense and, as such, constitute double jeopardy. If you are charged with a DUI, it is wise to meet with a St. Petersburg DUI defense lawyer to evaluate your possible defenses.

The Procedural History of the Case

It is alleged that the defendant was charged with three DUI offenses arising out of one incident: driving under the influence and causing serious bodily injury to victim one, driving under the influence and causing serious bodily injury to victim two, and driving under the influence and causing damage to the property of victim one.

It is reported that the case proceeded to trial before a jury, and the defendant was found guilty. She was sentenced to a total of nine years in prison and one year of probation. She appealed, arguing that her convictions and sentences for the crimes involving victim one violated her protections against double jeopardy. Continue reading →

By
Posted in: DUI
Published on:
Updated:
Published on:

By

The United States Constitution protects criminal defendants from unjust outcomes. For example, the Fifth Amendment prohibits a person from being prosecuted twice for substantially the same crime. In spite of the protections offered by the double jeopardy clause of the Fifth Amendment, it is not uncommon for a criminal defendant to be convicted for multiple variants of the same offense. In such instances, one of the convictions should be vacated, as demonstrated in a recent Florida opinion issued in a DUI case. If you are charged with a DUI offense, it is in your best interest to speak with a St. Petersburg DUI defense attorney about your rights.

The Factual and Procedural History of the Case

It is alleged that, in 2014, the defendant drove his truck through a red light and collided with a man driving a scooter. The man suffered critical bodily harm in the crash. The defendant left the scene of the accident but was later found by the police at his apartment. When the police spoke with the defendant, they noticed he demonstrated signs that he was impaired by alcohol.

It is reported that a breath test indicated that the defendant’s BAC exceeded the legal limit, and a urine test was positive for cocaine. The defendant was charged with numerous DUI offenses. The case proceeded to trial, and the defendant was found guilty as charged. He subsequently appealed his convictions for DUI causing damage to a person and DUI causing serious bodily injury on the grounds they violated double jeopardy. Continue reading →

By
Posted in: DUI
Published on:
Updated:
Published on:

By

If you have been arrested for DUI in St. Petersburg, FL, you probably wonder what to do next. You may be feeling scared and overwhelmed and unsure of where to turn. Don’t worry – you are not alone. Thousands of people each year find themselves in this situation. The good news is that there is help available, and you don’t have to face this challenge on your own. This blog post will provide information about DUI lawyers in St. Petersburg, FL, and how they can help you navigate the legal system.

What is a DUI lawyer, and what do they do?

A DUI lawyer is a legal professional specializing in defending those charged with driving under the influence of alcohol or drugs. Their main goal is to help clients avoid jail time and other serious penalties, such as license suspensions or fines. DUI lawyers can assist with a variety of issues related to DUIs, including:

Continue reading →
By
Posted in: DUI
Published on:
Updated:
Published on:

By

If you need a DUI lawyer in the St. Petersburg, Florida area, you have come to the right place. This blog post will give you tips on finding the best DUI lawyer for your needs. When choosing a DUI lawyer, there are many factors to consider, such as price and experience. You’ll also want to make sure that the DUI lawyer is qualified to handle your type of DUI case. Keep reading for more information on finding the best DUI lawyer in St. Petersburg, Florida!

What to look for when choosing a DUI lawyer?

When looking for a DUI lawyer, you should consider the following:

Continue reading →
By
Posted in: DUI
Published on:
Updated:
Published on:

By

In a recent public service announcement, Hanlon Law mentioned why people should hire a DUI attorney if they have been arrested for a DUI/DWI in St. Petersburg, FL.

(St. Petersburg, FL April 2022) Hanlon Law, a criminal defense law firm in St. Petersburg, FL, recently shared some reasons why people should hire a DUI attorney for their DUI/DWI case. The firm said that they decided to share this to encourage people to seek a criminal defense attorney in their DUI cases because it is possible to have their charges reduced or dismissed.

Hanlon Law noted that working with a DUI attorney will typically give a person a fighting chance against all the impending DUI charges. The team said that their experienced DUI lawyers know Florida DUI laws inside and out, and may be able to find any loopholes in the charges. The group added that DUI lawyers have a better approach to pleading for better sentences.

Continue reading →
By
Posted in: DUI
Published on:
Updated:
Published on:

By

Hanlon Law, a criminal defense firm in St. Petersburg, Florida recently discussed some of the key reasons to hire a St. Petersburg DUI lawyer after being arrested for DUI. Currently, Hanlon Law offers exceptional legal services and has defended thousands of clients accused of a myriad of DUI charges.

(St. Petersburg, FL January 2022) Attorney William Hanlon, a St. Petersburg criminal defense attorney, recently discussed some of the key reasons to hire a DUI lawyer after being arrested for DUI. The St. Petersburg criminal defense law firm said they are currently one of the few legal teams that strategizes a more in-depth approach in defending their clients. This is because they handle DUI cases daily, from arrest to trial, and know some of the best defense strategies in representing their clients.

A Florida DUI is a serious criminal offense that may carry either misdemeanor or felony penalties. According to the criminal attorneys at Hanlon Law, the penalty for a DUI misdemeanor or a felony can range from probation to jail depending on the client’s background and the nature of the facts.  They added that DUI charges only result after it is proven that someone is operating a vehicle under the influence of drugs or alcohol. In most cases, if the blood alcohol level is 0.8% or more during the time of arrest. They further noted that DUIs have different penalties, and each is handled differently depending on the circumstances leading to them.

Continue reading →
By
Posted in: DUI
Published on:
Updated: