DUI Category Archives — St. Petersburg Criminal Lawyer Blog Published by St. Petersburg Criminal Lawyer Attorney — Hanlon Law

Court Discusses Severance and Bifurcation in Florida Criminal Cases

Hanlon Law, PA — Thu, 19 Jun 2025 22:38:35 +0000

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.

It is further reported that the defendant cited Florida law requiring bifurcated proceedings in cases involving subsequent DUI charges, pointing to precedent mandating that juries should not hear about a defendant’s prior DUI unless and until they determine guilt for the new offense. The defense argued that including the prior DUI conviction in a single unified trial would unfairly prejudice the jury by creating the impression that the defendant had a predisposition to commit the charged offenses.

Severance and Bifurcation in Florida Criminal Cases

The federal magistrate judge denied the motion to sever but granted the motion for bifurcation. In evaluating the severance request, the court applied Federal Rule of Criminal Procedure 14(a), which allows for severance if a joint trial of offenses would cause significant prejudice. The court acknowledged that joinder of the two charges in a single information was proper but emphasized that the defendant bore a heavy burden to show that a joint trial would result in specific and compelling prejudice. Citing Eleventh Circuit precedent, the court found the defendant’s claim of prejudice to be speculative and insufficient to justify severance.

The court also held that any risk of unfair prejudice from admitting the prior DUI conviction could be adequately cured through redaction. Specifically, references to the DUI charge would be redacted from the certified conviction and driving record introduced into evidence, thereby mitigating the potential for bias while still allowing the government to establish the defendant’s knowledge element for the license suspension charge.

In contrast, the court granted the defendant’s request for bifurcation. The court recognized that Florida law, particularly as articulated by the Florida Supreme Court in State v. Harbaugh, requires a bifurcated proceeding for subsequent DUI offenses. Under this approach, a single jury determines guilt for the present DUI charge before it is permitted to consider any evidence of prior DUI convictions. The court therefore ordered bifurcation to comply with this precedent, ensuring that the jury would hear about the prior DUI only in a second phase of the trial, and only if necessary.

Speak with a St. Petersburg DUI Defense Attorney Today

DUI cases involving prior convictions present complex legal challenges that can impact trial strategy and a defendant’s right to a fair proceeding. If you are facing DUI or license-related charges in Florida, the skilled St. Petersburg DUI defense attorneys at Hanlon Law are committed to protecting your rights and providing strategic, results-driven representation. Contact our St. Petersburg office today at 727-289-0222 or complete our online form to schedule a confidential consultation.

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Florida Court Explains Evidence Needed to Proceed with DUI Charges

Hanlon Law, PA — Mon, 19 May 2025 17:56:42 +0000

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.

It is further reported that the defendant moved to suppress all evidence obtained during the stop and arrest. The trial court granted the motion, ruling that there was no probable cause for the stop, no reasonable suspicion for the DUI detention and that the breath tests were invalid because they were performed outside the officer’s jurisdiction. The State appealed the decision.

Reasonable Suspicion in DUI Cases

On appeal, the court reversed the trial court’s suppression order, finding multiple errors in the trial court’s legal analysis. The court first addressed the standard for initiating a traffic stop. The trial court had incorrectly held that probable cause was required, relying on a misreading of Whren v. United States. However, the court clarified that Florida law permits traffic stops based on reasonable suspicion, a less demanding standard.

Under Florida law, a driver must remain “as nearly as practicable” within a single lane. The court concluded that the officer had reasonable suspicion to believe the defendant violated this law when she straddled two lanes for an extended period and failed to correct her course before entering an intersection. The court emphasized that such a deviation, even absent danger to other vehicles, justified the stop under precedent such as Yanes v. State.

The court also found that the DUI investigation was lawful based on the totality of the circumstances. The officer’s observations of the defendant’s demeanor, behavior, and the odor of alcohol created a reasonable suspicion of impairment that warranted further investigation. The refusal to perform sobriety tests and the visible signs of intoxication gave the officer probable cause to arrest.

As for the breath test, the court found that transporting the defendant to a county facility for testing did not render the results inadmissible. The DUI investigation lawfully began within the officer’s jurisdiction, and the testing was conducted by appropriate personnel. The court concluded that none of the defendant’s rights were violated and that the suppression order was legally erroneous.

Speak with a St. Petersburg DUI Defense Attorney Today

A DUI charge can have serious legal and personal consequences, and challenging the legality of a traffic stop or arrest is often a critical part of the defense. If you are facing DUI charges in Florida, it is essential to retain an attorney who understands how to protect your rights at every stage of the process. The experienced St. Petersburg DUI defense attorneys at Hanlon Law are committed to providing aggressive, strategic representation. Contact our St. Petersburg office today at 727-289-0222 or complete our online form to schedule a confidential consultation.

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Florida Court Discusses Sentencing for Misdemeanor Crimes

Hanlon Law, PA — Sat, 17 Jun 2023 17:05:19 +0000

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.

The court noted that although the trial court found that alcohol contributed to the defendant’s reckless driving, and therefore required the defendant to complete a DUI program, it did not address probation in relation to reckless driving. Additionally, the court noted that Florida case law expressly stated that the maximum probationary term for first-time reckless driving is six months.

The court also clarified that even if a plea agreement is involved, a court cannot impose probation beyond the maximum authorized by statute. It noted, though, that it did not mean that a one year probationary period is never appropriate in a reckless driving case. Instead, to impose such a probation period in the subject case, the trial court needed to find or accept a stipulation that alcohol was a significant factor in the offense, but it neglected to do so. As a result, the trial court’s order for one-year probation was improper.

Confer with a Skilled Florida Criminal Defense Attorney

A conviction for a DUI offense can result in a significant penalty, but the courts cannot go beyond the confines of the law when issuing sentences. If you are charged with a DUI offense in Florida, it is important to speak to an attorney about what defenses you may be able to set forth as soon as possible. The skilled St. Petersburg criminal defense lawyers of Hanlon Law are proficient at defending people charged with DUI offenses, and if we represent you, we will work tirelessly to help you seek favorable results. You can contact us to set up a conference by calling us at 727-897-5413 or using our online form.

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Court Examines Florida’s DUI Sentencing Laws

Hanlon Law, PA — Tue, 21 Mar 2023 23:49:23 +0000

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.

In the recent Florida ruling the defendant referred to, the court held that the probationary component in the Florida DUI statute is mandatory, and therefore, when a defendant is sentenced to a term in prison followed by probation, the combined times must not exceed the statutory maximum. The defendant’s appellate counsel failed to argue that his sentence lacked the probationary component required by the Florida DUI statute, which was a meritorious issue established in the law during the pendency of his direct appeal.

The court, therefore, concluded that the defendant’s appellate counsel was ineffective for failing to argue that his sentence lacked the probationary component required by the Florida DUI statute. The sentence was reversed, and the case was remanded for resentencing within the statutory maximum of fifteen years, including the term of probation required by Florida law.

Talk to a Trusted Florida Criminal Defense Attorney

People charged with DUI offenses have rights, not only during the course of their criminal investigation and trial but, if they are convicted, during sentencing as well. If you are accused of a DUI offense, it is critical to speak to an attorney as soon as possible. The trusted St. Petersburg criminal defense lawyers of Hanlon Law take pride in helping people fight to protect their future, and if you hire us, we will zealously advocate on your behalf. You can reach us at 727-897-5413 or through the form online to set up a conference.

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Florida Court Rules DUI Conviction Constitutes Double Jeopardy

Hanlon Law, PA — Wed, 21 Dec 2022 04:42:10 +0000

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.

Double Jeopardy in DUI Cases

The court granted the defendant’s appeal and remanded the matter so that the trial court could enter an amended judgment and sentence. The court noted that the defendant relied on a Florida ruling that was issued ten months after the verdict was issued in her case. In the ruling in question, the state Supreme Court held that where a single victim and incident are involved, the crimes of driving under the influence and causing serious bodily injury to a person and driving under the influence and causing property damage to a person are varying degrees of the same crime.

As such, convictions for both offenses violate the prohibition against double jeopardy. The court found that the ruling applied in the subject case, and therefore, that the trial court must vacate the defendant’s conviction for the crime of driving under the influence and causing property damage and issue an amended judgment deleting that conviction. As such, the court reversed the trial court ruling, in part, and remanded the matter to the trial court with instructions.

Confer with an Experienced Florida Criminal Defense Attorney

DUI defendants and all other people charged with crimes are protected from multiple convictions for the same offense, and if a DUI conviction violates a person’s double jeopardy protections, it should be vacated. If you are accused of a DUI offense, it is in your best interest to confer with a lawyer regarding what measures you can take to protect your rights. The experienced St. Petersburg criminal defense attorneys of Hanlon Law possess the skills and resources needed to help you seek a favorable outcome, and if you hire us, we will work tirelessly on your behalf. You can contact us at 727-897-5413 or through the form online to set up a meeting.

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Florida Court Vacates DUI Conviction on the Grounds it Violates Double Jeopardy

Hanlon Law, PA — Sat, 02 Jul 2022 06:42:47 +0000

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.

Protections Against Double Jeopardy

The court agreed with the defendant and remanded the case for further proceedings. In doing so, it explained that it is well-established that more than one conviction arising from one violation of the DUI statute does not violate double jeopardy if the incident caused several people harm. In the subject case, though, the defendant’s convictions arose out of a single act of driving while intoxicated and striking a single victim.

As such, the defendant argued that his convictions were impermissible under a statutory exception to the same elements test that barred dual convictions for crimes that represent different degrees of the same offense as provided by statute. The court explained that the statute does not need to use the word degree in order for the exception to apply as other statutory designations like the word aggravated could indicate degrees. The court ultimately adopted the defendant’s reasoning, and found that his dual convictions violated double jeopardy.

Meet with an Experienced Florida Criminal Defense Attorney

While many DUI offenses are considered misdemeanors, some DUI crimes are charged as felonies that carry significant penalties. If you are accused of a DUI crime, it is prudent to meet with an attorney to discuss your options for protecting your interests. The experienced St. Petersburg criminal defense attorneys of Hanlon Law are well-versed in what it takes to obtain favorable outcomes in DUI cases, and if you hire us, we will advocate zealously on your behalf. You can contact us at 727-897-5413 or through the form online to set up a meeting.

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Everything That You Need to Know About DUI Lawyers in St. Petersburg, FL

Hanlon Law, PA — Mon, 11 Apr 2022 16:05:16 +0000

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:

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DUI Lawyers in St. Petersburg, Florida: How to Find the Best DUI Attorney for You

Hanlon Law, PA — Mon, 11 Apr 2022 15:52:34 +0000

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:

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Hanlon Law Announces Reasons It Is Crucial to Hire A DUI Attorney

Hanlon Law, PA — Mon, 11 Apr 2022 15:35:20 +0000

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.

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Hanlon Law Discusses Key Reasons to Hire a St. Petersburg DUI Lawyer After Being Arrested for DUI

Hanlon Law, PA — Tue, 25 Jan 2022 17:09:14 +0000

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.

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