Florida Convictions for Boating Under the Influence and Your Driving Record

Gasparilla is right around the corner, and that means Tampa law enforcement will be out in force on the water. Many people like to celebrate Gasparilla on their boats and by bringing along plenty of alcohol. Before you read any further about boating under the influence, here’s some free advice: have someone be the DD captain for your boat. If you’re drunk, don’t get behind the wheel, helm, tiller, or rudder.

Right now convictions for boating under the influence (BUI) aren’t recorded on your permanent driving record. This means that if you have a BUI conviction and are charged with a DUI, it will only be considered your first DUI offense. You will not face the enhanced penalties that come with a second DUI conviction.

One Florida lawmaker is trying to change that, and has filed a bill that will make any BUI convictions a part of a person’s permanent driving record. If this bill passes any BUI conviction will act as a “prior conviction” if you are charged with a DUI. This means you will face increased penalties and fines.

The penalties for a BUI conviction are very similar to those for a DUI:

$500 fine;6 months probation;50 hours of community service;DUI school / substance abuse counseling; andA 10-day vessel impound.

Be careful out there. If you’ve had too much grog, get someone else to drive the boat. Having a sober captain is the easiest way to avoid a BUI conviction.

Sam proudly represents those accused of crimes and injured through no fault of their own throughout the greater Tampa Bay area.

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Florida Gay Marriage and Equal Rights

Yesterday marked the end of Florida’s ban on legally recognized gay marriages. Gay couples, many who had been waiting decades, lined up inside and outside courthouses to get their marriage licenses. This is a big step for Florida. But what does being married mean legally speaking?

Marriage has always been what attorneys call a “legal fiction” — meaning that when two people are married the law sees them a little differently than it sees single people who aren’t legally married. While most people know that being married means different income tax rules apply, etc., there are some other legal rights that are exclusive to only married people. Let’s talk a little about two of them that normally slip under the radar:

If you watch TV, you know that in a criminal case, what you say can and will be used against you in the court of law. Unless you say it to your attorney or your spouse. Before gay marriages were legally recognized, gay couples or partnerships couldn’t enjoy this right that hetero married people held.

Some things you should know about Florida’s spousal immunity privilege:

Also, you may notice that the spousal immunity privilege is actually titled “Husband-Wife Privilege” in the Florida Statutes. There are actually 75 statutes that use the word “husband” and 69 statutes that use the word “wife.” But, the way the state legislature is made up I wouldn’t expect this wording to change any time soon.

If you are married, you are legally a “survivor” for purposes of Florida’s wrongful death statute. Let me explain what this means using two scenarios:

Not Married: You and your partner are driving in your car when you are hit by an eighteen wheeler. Your partner dies. You sue the driver of the eighteen wheeler for your partner’s death (this is a “wrongful death lawsuit”). Even though the driver of the eighteen wheeler caused the accident and killed your partner, you can’t recover damages for your emotional trauma or for the loss of your partner’s support as a result of your partner’s death.Married: You and your spouse are driving in your car when you are hit by an eighteen wheeler. Your spouse dies. You sue the driver of the eighteen wheeler for your spouse’s death (this is a “wrongful death lawsuit”). Because you are married you are able to recover damages for your emotional trauma from the eighteen wheeler driver.

See the difference? The wrongful death law gives special treatment to people who are legally married over those who aren’t. Before gay marriage was legal, gay couples or domestic partnerships couldn’t get the same damages as hetero married couples.

Hopefully you won’t have to use either the spousal immunity privilege or be a wrongful death survivor. But if you have questions about these, please don’t hesitate to contact us.

Sam proudly represents those accused of crimes and injured through no fault of their own throughout the greater Tampa Bay area.

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Florida Man Goes Through DUI Checkpoint Without Saying A Word

In order to avoid an incorrect assertion of a person’s speech being slurred or the smell of alcohol or drugs wafting from the car at a DUI checkpoint, a man in Florida tested out a novel approach. Jeff Gray put his license, registration, and insurance information in a plastic bag out his window with a message from Fair DUI:

“I remain silent

No searches

I want my lawyer”

Apart from a few strange glances, Jeff made it through the checkpoint without incident.

Read more.

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New Florida DUI Laws Give Drivers a Choice

New Florida DUI Laws Give Drivers a Choice | Orlandoduiteam#topnav ul li a,.sidebar h4,.tk-news-gothic-std{font-family:"news-gothic-std",sans-serif;}p{margin-left:0 !important;}a{color:#0D8BB7 !important;} Orlando DUI Team Published by Orlando, Florida DUI Lawyers :: Katz & Phillips, P.A.(321) 332-6864 HOMEBLOGCONTACT US David S. Katz Founding partner
Katz & Phillips, P.A James D. Phillips Founding partner
Katz & Phillips, P.A Annmarie Jenkinson Associate Attorney Matthew R. Gunter Associate Attorney David A. Faulkner Associate Attorney Catherine Gleason Attorney

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Contact Us DO YOU HAVE A CASE?Contact our attorneys NOW Name: Email: Phone: Comments: Enter text from the Image Above: New Florida DUI Laws Give Drivers a Choice

This month a large number of new laws went into effect in Florida. Several of these laws make changes in how DUI cases are handled, and show promise for drivers who stand accused. For example, it’s now easier to force a subpoenaed police officer to appear at review hearings, or even get driving privileges restored if they refuse to show up. But the biggest change gives first-time DUI defendants a choice – one that may allow them to keep driving.

The state of Florida, like most states, mandates that when you get behind the wheel, you are agreeing to take a breathalyzer or blood test anytime a police officer pulls you over. In other words, it’s illegal to refuse testing. That comes uncomfortably close to forcing you to incriminate yourself, but if you refuse the test your license is automatically suspended – and the suspension stands even if you’re later found not guilty at trial.

Of course, most drivers who refused the test would then challenge that suspension on various grounds. Often these challenges are unsuccessful, but they’re handled separately from the criminal case and they cost the state a lot of time and money. So the new Florida law attempts to sweeten the deal and discourage drivers from challenging the suspension.

It’s still required to take a blood, breath or urine test, but now – for first-time DUI charges – if you waive your right to challenge the suspension, you can immediately get a “hardship” driving permit. This restores at least part of your driving privileges, even while your license is technically suspended, the very next day – so you can go to work and keep your life on track.

This is a huge change: Under the old law, if you lost your formal review hearing, you weren’t even eligible for a hardship permit until 90 days of no driving what so ever had gone by.

This law was passed to reduce the number of challenges to suspended licenses, easing the burden on the review process. But it has a potential benefit for drivers: If you’re pulled over on suspicion of DUI, and arrested, at the very least, you can ensure that you will be able to continue to drive for work purposes. In the past, many arrestees lost their jobs because they could not drive.

As knowledge of the new law spreads, an unintended side effect may occur. More people may refuse to take the test. In the past, the suspension of your driving privilege was far worse if you refused the test than if you took it. If you refused, as stated above, you would have a one year suspension with the first 90 days of no driving whatsoever. If you took the test and blew above a .08, you would have a 6 month suspension, which began with 30 days of no driving. Although the refusal still carries a longer suspension, neither now require a period of no driving, if you waive your right to a hearing. A driver may now choose to deprive the state of this key piece of evidence because they will have no period of hard suspension (no driving).

Of course, there is a down side to the new law. Drivers who waive their right to a hearing so as not to risk the period of no driving are giving up their right to challenge the suspension. If you waive your right to a hearing, the suspension will appear on your driving record forever. If you challenge the suspension and win, it will be removed from your driving record. By waiving your right to a hearing, you are giving up the opportunity to have a trained DUI lawyer fight the suspension and the opportunity to have a clean driving record.

(Note that this applies only to first-time DUI arrests: If you’ve been charged with DUI before, it’s vital that you submit to the test when the officers ask you to. Refusing is a criminal charge if you have previously refused to take a lawful test of your breath, blood, or urine, punishable by up to 1 year in jail.)

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Is a DUI in Florida a Misdemeanor or a Felony?

Although the vast majority of DUI cases are charged as a misdemeanor, the answer to that question ultimately depends on a host of factors. In fact, we have counted at least 15 different ways that a DUI could be charged.

Below is a quick summary of the statutory maximum penalties allowed under Florida law for different types of DUI charges.

First DUI – a misdemeanor with a maximum of 6 months in jail.DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail.DUI with a breath or blood alcohol concentration (BAC) over .15 – a misdemeanor with a maximum of 9 months in jail.Second DUI outside of five years – a misdemeanor with a maximum of 9 months in jail.Second DUI within five years – a second DUI within five years of a prior conviction is a misdemeanor with a maximum of 9 months in jail. (unless it is also proven that the BAC is over .15 or a child was in the car – then the maximum is 12 months in jail).DUI with property damage (or non-serious personal injury) – a first degree misdemeanor with a maximum of 12 months in jail.Third DUI outside of 10 years – a misdemeanor with a maximum of 12 months in jail.Third DUI within 10 years – a third DUI can be charged as a felony if the third DUI arrest is within 10 years of any prior DUI conviction. A third DUI within 10 years of a prior is a third degree felony punishable by up to five years in prison.Fourth or Subsequent DUI – any fourth DUI can be charged as a third degree felony punishable by up to five years in prison.DUI with Serious Bodily Injury – a third degree felony with a maximum of five years in prison.DUI Manslaughter – a second degree felony with a maximum of 15 years in prison.DUI Manslaughter / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.Vehicular Homicide – a second degree felony with a maximum of 15 years in prison.Vehicular Homicide / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.

Florida DUI Penalties – Visit the website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to learn more about the statutory maximum and mandatory minimum penalties for different types of DUI charges.

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AAA reports Senior Drivers Support Tougher Driving Laws for Themselves

Tampa, FL – While senior drivers favor tougher driving laws, from bans on wireless devices to ignition interlocks for first-time DUI offenders, an overwhelming majority support greater scrutiny in the license-renewal process for themselves and their peers, according to the AAA Foundation for Traffic Safety’s latest report on aging Americans.
More than seven out of 10 drivers age 65 and older favor policies that require drivers age 75 and older to renew their license in person, and also support requirements that seniors pass a medical screening to remain licensed.

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Hapless Florida Man Arrested for Drunk Driving in his Front Yard

By guest-writer

Thousands of people are arrested for DUI charges every day, but most of these arrests happen on highways and other public streets. Few DUI arrests are made in the privacy of one’s own home.

One Florida man, however, bucked this trend after he was arrested for driving under the influence of alcohol when police found him repeatedly backing his truck into trees in his own front yard, according to a remarkable report from WJXT Jacksonville.

Sources indicate that Dennis Jones, a 57-year-old resident of Paisley, Florida, was charged with drunk driving after an unsuccessful attempt to back out of his driveway.

According to the police report, Jones was trying to back out of his driveway last Tuesday morning around 10 a.m. when his efforts went horribly awry.

While backing out of a driveway does pose some occasional challenges, Jones took these difficulties to a new extreme as he spent at least 15 minutes trying to escape his front yard by ramming into trees and spinning his tires in dirt.

Neighbors who called police to report the odd behavior told dispatchers that Jones smashed into trees, dug his truck into a hole, and repeatedly spun his tires in a manner that slung dirt into a neighbor’s yard.

When police officers arrived on the scene, they claim that Jones had a strong smell of alcohol on his breath, was slurring his speech, and somehow was missing a lens in his eyeglasses.

In an effort to ease the authorities’ minds, Jones curiously tried to defend himself by claiming that he had imbibed “less than one pint of vodka” that morning, according to the police report.

In one of the most predictable field sobriety tests in the history of modern jurisprudence, Jones failed to prove to police that he was sufficiently sober to drive, and he was unceremoniously taken into police custody, where he could do no further damage to his own trees.

Less than an hour after his arrest, police administered a breathalyzer test to the hapless driver, and he blew a staggering .242, which is more than three times the legal limit.

Some curious readers might wonder if Jones will be able to argue his way out of a DUI conviction because his driving took place within the confines of his own yard. This argument, however, is not likely to hold sway, as the man was clearly a danger to himself and others, especially if he had been able to successfully maneuver his way out of his own yard.

View the original article here

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Florida DUI Suspect Punches Deputy, Slips Out of Handcuffs and Pants

In Bayou George, Florida, a woman pulled over for suspected DUI has been arrested on additional charges, after she slipped out of police handcuffs as well as her clothes and allegedly assaulted a deputy following a car crash.

Samantha Wilson, a 22-year-old woman, was put in custody after she crashed her car at 4 p.m. on a Sunday. She was arrested when police suspected her of drunk driving, and that is when the real excitement began.
According to the NWF Daily News, notes from drunk driving police say that Wilson, whose hands were handcuffed in front of her, quickly slipped out of them the first time. Police re-handcuffed her, and put her in the front seat of a police cruiser.

But while highway patrol trooper Ken McNabb was putting her seatbelt on, Wilson, having once again freed herself from the handcuffs, punched him in the head.

McNabb was able to get the door of the cruiser closed, but Wilson escaped from her handcuffs again, and let herself out of the car. It was about then that she dropped her trousers and began to relieve herself next to the police vehicle. Her husband arrived soon after, pleading with her to stop urinating and pull her pants back up.

Wilson was restrained again and put back into a patrol car. On the way to the police station, according to McNabb, Wilson yelled and screamed, asking to see her husband while kicking at the windows behind the officer’s driver’s seat.

She then proceeded to remove her shoes and pants so that she was naked from the waist down. “She stated that she was going to urinate on my seats before launching into a shouting tirade,” said Deputy Randolph Grob.

Then Wilson, already on her way to jail on suspicion of DUI in Florida, began to slam the plexiglass divider with her handcuffs. She had taken them off again and put them on her fist as though they were a pair of brass knuckles.

The officer stopped the car because he thought Wilson would break through the glass, and when he opened the door to the back seat, she punched him in the nose again. He didn’t remove her from the car because he thought he might hurt her, so instead he was able to force the door closed and radio ahead to the police station to have a female officer ready for her arrival.

Once at the jail, officers had to forcibly remove her from the car amidst her continued punching.

View the original article here

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NFL Wide Receiver Mike Williams Arrested on Suspicion of DUI in Florida

Mike Williams, a rookie wide receiver for the Tampa Bay Buccaneers, was arrested on suspicion of DUI in Florida, early in the morning before he was to show up at practice the next day.

The arrest garnered headlines because Williams has become one of the best players on the Tampa Bay team after being drafted only last year. He has started every game this NFL season.

According to police, the vehicle that Williams was driving, a Cadillac Escalade, was swerving in and out of traffic and exceeding the speed limit when they pulled it over at around 2:30 A.M. The sheriff’s report said that Williams had a glassy look in his eyes, and police smelled alcohol in the car.

According to the St. Petersburg Times, he failed a field sobriety test.

Williams took a Breathalyzer test, the results of which showed that he had a .065 blood-alcohol content. This number is below the Florida legal driving limit of .08 percent. Williams was still arrested, however, and taken in, then release on $500 bond.

According to Florida police, they can make a DUI arrest even if the breath test shows a blood-alcohol content below the legal limit if there is evidence that a driver was impaired. Such evidence can include the way the person was driving.

According to officials, Williams also submitted to a urine test. The results of that test are expected within a month to six weeks.

In a peculiar turn, the Buccaneers team also had Williams submit a urine sample to them, to allow them to test for several substances, some of which are banned in the NFL, according to the St. Petersburg Times. They did this, apparently, in order to more quickly obtain results of the tests. Buccaneers coach Raheem Morris was happy with the results of this private test, and told the press that he was satisfied that Williams was “clean.”

He also added that the team will be fining Williams “a lot of money” following the late-night incident. The coaching staff had already expressed their disappointment to Williams himself.

“He was very remorseful, which is a good sign,” said offensive coordinator Greg Olson. “He wasn’t full of excuses, and that’s a good sign. I think it’s obviously unfortunate that it happened. We’re certainly disappointed that he would be out that late knowing that we had a big game and practice.”

View the original article here

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Florida Dealership Markets a ‘DUI scooter’

In Clearwater, Florida, a motor scooter dealership decided to implement an aggressive campaign to meet the needs of “specialized” market by offering what they call “DUI scooters.”

These “DUI scooters” are small, electric mopeds that are bright red and blue, with pedals, headlights and windshields. They don’t go more than 20 miles per hour, though, and they meet the federal description of a “low-speed electric bicycle,” according to an article in the St. Petersburg Times.

In other words, you don’t need a driver’s license to drive one, and those who have had their license suspended because of DUI may have another way to get around.

Doug Vitello and Gary Parr are the owners of Sunset Scooters. They were finding that they couldn’t quite meet the needs of their potential customers, so they did a little research into the DUI laws.

It turned out that the motorized scooter in question was an attractive option for those convicted of DUI, who had their driver’s license suspended and needed everyday transportation.

And while current Florida law may allow these scooters to be driven without a license, a driver could still face DUI charges if found to be driving one of these under the influence. DUI laws, afterall, apply to the operation of any vehicle, including scooters, boats, lawn mowers and more.

When Vitello and Parr learned this fact, they went searching for a scooter that was legal to drive without a license. They found one, made in China and distributed out of California. Then they put a sign in their window that said “DUI Scooters.”

When they sell a “DUI scooter” to a customer, Sunset Scooters provides customers with a copy of the law that says they are legal to drive without a license. They also recommend that customers laminate the law and carry it with them, to avoid misunderstandings with the police.

“At first we had some trouble with law enforcement basically not understanding what these were,” said Vitello. “Even some judges were completely mystified. But now they all seem to be on board.”

The so-called “DUI scooters,” made by X-treme Scooters and costing upwards of $2,000, look similar to regular motor scooters, if a little smaller, with narrower wheels and the pedals sticking out of the side.

The police in Clearwater were not so sure about the vehicle. Sgt. Tom Nestor told the St. Petersburg Times, “We’ll just say they’re under review for now.” The agency was, according to the article, “trying to determine exactly what these scooters are and how to handle them.”

Word of mouth has spurred the scooter sales. Sunset Scooters now sells around 10 per month. Parr and Vitello say that they came up with the “DUI scooter” term themselves.

View the original article here

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