Category: Legal Blog

Criminal Defense, DUI, Legal Blog, Recent News

Michael Phelps DUI Arrest

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It seems to be a bad week for celebrity drivers. Michael Phelps was arrested today for his second DUI after a Maryland Transportation Authority police officer observed the Olympian travelling 84 miles per hour in a 45 mile per hour zone. Phelps allegedly performed poorly on field sobriety exercises and was placed under arrest.

Phelps was previously arrested in 2004 for driving under the influence in Maryland, after which he pled guilty and received a sentence of 18 months probation.

Details about Phelps’ current arrest are still developing.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, DUI, Legal Blog, Probation, Recent News, VOP

Amanda Bynes DUI Arrest

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Former Nickelodeon Star, Amanda Bynes, was arrested this week for Driving Under the Influence after police determined that Bynes was under the influence of an “unknown drug.” California Highway Patrol allegedly observed Bynes’ vehicle stop in the middle of the intersection after approaching a red light. CHP pulled Bynes over and requested that she perform field sobriety exercises, which she was allegedly unable to complete.

Bynes is reportedly due in court on October 23, 2014.

While Bynes’ recent arrest would typically be charged as a misdemeanor offense, there are some complications in light of the fact that Bynes was sentenced to three years of probation in February stemming from her 2012 DUI arrest.

In Florida, a Second DUI within 5 years of a prior DUI conviction is punishable by 10-270 Days in county jail, a fine of $1,000-$2,000, probation of up to 1 year, 5 years of a driver’s license suspension, 30 days of vehicle immobilization, and 1 year of ignition interlock.

Additionally in Florida, a new arrest while on probation could lead to a violation of probation on the prior charge. This means that in addition to facing criminal liability on the new charge, probation could be terminated as “unsuccessful,” and the original sentence on the underlying crime (in this case it would be the first DUI) could be reinstated.

A Florida criminal defense attorney can review a violation of probation case and determine the proper steps to be taken in defending the VOP. Sometimes, attorneys are able to file motions for in court surrender to avoid jail, or to negotiate with the state attorney to have the terms of probation reinstated. Each case is different. Anyone facing a probation violation in Florida should contact a Florida criminal defense lawyer.

Further, anyone charged with a DUI in Palm Beach County should contact a Palm Beach Criminal Defense Lawyer to review their defense options.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Blood Draw, Criminal Defense, DUI, Legal Blog, Recent News

Goodman Hearings Continued

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The continuation of the Goodman hearings in advance of the October 6th re-trial date are underway again this morning. As discussed in last week’s article, Goodman’s retrial regarding the highly publicized 2010 Wellington crash that resulted in Scott Patrick Wilson’s death is scheduled to begin on October 6, 2014. Today, one of the issues to be discussed is the validity of the blood alcohol test results due to the methods used to collect Goodman’s blood after the fatal crash.

Laura Barfield, a former crime lab analyst at FDLE (Florida Department of Law Enforcement), took the stand this morning to testify about the blood testing methods used in the Goodman case. Barfield was the manager of the alcohol testing program at FDLE in 2010 during the initial testing of Goodman’s blood. However, she resigned in April of 2013 in the wake of a scandal involving her alleged charging of personal expenses on her State credit card.

Barfield testified this morning that there are various steps necessary when taking a blood draw and testing that are all important to obtain the proper result. For example, the use a non-alcohol wipe is crucial so as not to introduce outside alcohol into the blood sample when blood is being drawn. Additionally, the Goodman defense team has raised the argument that Goodman’s blood alcohol test results are flawed because the wrong sized needle was used; however, according to Barfield, the testing rules do not require a certain sized needle to be used.

The hearings will continue today and go through Wednesday. The Palm Beach Post has a live feed of the testimony, found here.

In Florida, blood tests are typically the most accurate of the alcohol level tests, but also are considered to be the most invasive. As a result, blood draws are only permitted in limited circumstances (without consent), such as where there was an accident involving great bodily injury or death. In Florida DUI cases, defense attorneys are sometimes able to argue that blood results are invalid and should be suppressed for a variety of issues, including: the use of an alcohol swab to clean the skin before the blood is drawn (as discussed above); testing blood serum as opposed to a whole blood sample; the ingestion of certain prescriptions, medicines, vitamins and foods that could affect the blood results; fermentation in the sample vial; an insufficient sample amount due to blood coagulation; blood vial mix ups; and blood vial contamination.

A Palm Beach DUI lawyer can investigate these potential defenses when someone has been charged with a driving under the influence charge involving a blood draw.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

South Carolina Trooper Shoots Unarmed Man

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Camera evidence from a State Trooper’s dash-cam was released today, showing a South Carolina Trooper shooting an unarmed man on September 4, 2014.

The shooting took place during what was supposed to be a routine traffic stop. The victim was allegedly pulled over for not wearing a seat belt. When the trooper asked the man to provide his driver’s license, the man reached into the vehicle to retrieve it. This is when the trooper began firing at the man, shooting him in the hip.

The trooper was reportedly fired last week, and faces up to 20 years in prison if convicted of the charges he is facing: aggravated assault and battery.

The full video can be found here.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

Aaron Hernandez – Evidence Suppressed in Murder Trial

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On Wednesday, prosecutors in the Aaron Hernandez case announced that they would not fight the defense’s request to suppress evidence of four boxes of .45-caliber ammunition allegedly found by detectives in an apartment rented by Aaron Hernandez, or evidence of a loaded magazine for a .45-caliber Glock pistol allegedly found by detectives in a Hummer registered to Aaron Hernandez.

In agreeing to not oppose the motion, Prosecutors also asked that Judge E. Susan Garsh seal the defense motion itself, arguing that it contained a reference to a polygraph test which determined that co-defendent, Carlos Ortiz, was not truthful when he denied shooting Odin Lloyd shortly after the shooting took place, and that “no legitimate purpose would be served by continuing to permit media access to [Hernandez’s] motion that references the results of Ortiz’s polygraph examination.” The judge rejected the request to seal the defense motion, according to court records.

Commonwealthv. Aaron Hernandez (1)

The announcement on Wednesday resolved the first of what is expected to be a flurry of defense motions to suppress evidence in the months preceding trial. Former Gator Football player, Aaron Hernandez, is scheduled to begin trial on January 9, 2015 for the 2013 murder of Odin Lloyd. Prosecutors have contended that Hernandez orchestrated the murder of Lloyd by having co-defendants, Ortiz and Ernest Wallace, Jr., meet Hernandez with Lloyd in a secluded field, and allegedly “gun down” Lloyd. Hernandez has pleaded Not Guilty to the charges.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.