Tag: Criminal Defense

Criminal Defense, Fleeing and Eluding, Legal Blog, Resisting

Traffic Stop turned into Felony Arrests

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Riviera Beach Police recently arrested two people after a simple traffic stop turned into a low-speed chase.

A male driver allegedly failed to stop at a stop sign. When police attempted to pull him over, he continued driving, running several more stop signs and making an improper U-Turn. The driver then allegedly came to a stop, jumped out of the car, and attempted to run from the police. The Riviera Beach police tased the driver and handcuffed him. The police discovered that the driver’s license was suspended. While they were placing him under arrest, a woman (presumably the passenger) jumped into the driver’s seat and drove off in the car while pointing and laughing at the officers. The police officers had to chase the woman, eventually stopping her and placing her under arrest as well.

After being examined by medics as a result of the tasing, the man was taken to the Palm Beach County Jail and charged with fleeing and eluding, resisting arrest with violence, and driving with a suspended license. The man has since been released on $13,000 bond. The woman was also taken to the Palm Beach County Jail and was charged with aiding prisoner escape, evidence tampering, and failure to obey a law enforcement command. She remains in Palm Beach County Jail.

Interestingly, an incident that could possible have remained a simple traffic stop for failing to stop at a stop sign, resulting in a traffic ticket or potentially a misdemeanor for driving on a suspended license, turned into a felony case as a result of the actions of the driver (and passenger). Instead of facing a misdemeanor for driving with a suspended license, punishable by up to 60 days in county jail for a first conviction, the felony charges the two arrestees are now facing are as follows:

1) Fleeing and Eluding: Fleeing and eluding is codified under Florida Statute 316.1935, which makes it illegal for a driver to continue driving after being ordered to stop by a police officer. It is a third degree felony in Florida to flee from or elude the police, and is punishable by up to five years in Florida State prison, in addition to driver’s license suspension, vehicle forfeiture, and an adjudication of guilt, meaning that the driver would be a convicted felon.

2) Resisting With Violence: Resisting arrest with violence is codified under Florida Statute 843.01, which makes it illegal for a person to resist an officer by doing violence to the officer. It is a third degree felony in Florida to resist a police officer with violence, punishable by up to five years in Florida State Prison. 

3) Aiding Escape: Aiding prisoner escape is codified under Florida State 843.12, which state that it is illegal for a person to knowingly assist a person in escaping or attempting to escape a police officer. Aiding prisoner escape is a third degree felony, punishable by up to five years in Florida State Prison.

4) Tampering with Evidence: Tampering evidence is also a third degree felony, found under Florida Statute 918.13, and is punishable by up to five years in Florida State Prison.

It is easy to see that traffic stops have the potential of turning into a giant mess if the person being stopped attempts to flee. Running from the police only makes the situation much worse, and felony charges are serious and have serious potential consequences in the State of Florida. That is why it is important for anyone who is being pulled over for a traffic stop to stay calm, obey orders, and understand the law as well as his or her rights.

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.

BUI, Criminal Defense, Legal Blog

BUI – Boating Under the Influence

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Many people do not realize that Boating Under the Influence is a crime in the State of Florida. However, BUI charges are common in Palm Beach County, Florida, and are taken extremely seriously due in large part to the amount of boating accidents and fatalities each year caused by boating while under the influence of alcohol and/or drugs. Although drinking alcohol and driving a boat is not illegal in and of itself, a person could be charged with BUI if a law enforcement officer determines that the driver’s blood alcohol content was over .08 or that the driver’s “normal faculties” were impaired, just like a typical DUI case. 

Boating Under the Influence is codified under Florida Statute 327.35. A first and second conviction for BUI are considered misdemeanors. The punishments in Florida for a first BUI conviction include: a fine of $500-$1000 and up to 6 months in county jail, in addition to probation, substance abuse courses, 50 hours of community service, and immobilization of the boat for 10 days.  For a second conviction, the punishment includes: a fine of $1000-$2000 and up to 9 months in county jail in addition to probation, substance abuse courses, and immobilization of the boat for 30 days. If a boat driver had a blood or breath-alcohol content of .15 or above, or if the boat driver had a minor with him/her in the boat, then the charge could be enhanced, increasing the penalties to include a fine of $1000-$2000 and up to 9 months in jail for a first conviction, and a fine of $2000-$4000 and up to one year in jail for a second conviction.

There are also felony levels of Boating Under the Influence. For example, a third or subsequent conviction for BUI is considered a felony, as are BUI Manslaughter and BUI with Serious Bodily Injury. Felony convictions for BUI carry with them additional penalties, including additional incarceration lengths and higher fines.

A person who is arrested for Boating Under the Influence may not be released from custody until either (1) the person “sobers up” to the extent that his or her normal faculties are no longer impaired; (2) the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or (3) 8 hours have passed from the time the person was arrested.

Interestingly, Florida Statute 327.35(10) specifically states: It is the intent of the Legislature to encourage boaters to have a “designated driver” who does not consume alcoholic beverages.

Boating Under the Influence is a serious charge in the State of Florida. Anyone who is facing prosecution for a BUI charge should contact a Criminal Defense Attorney to review the case and help navigate the criminal justice system.

 

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

DUI – Field Sobriety Exercises

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In last week’s blog, DUI – Property Damage, I mentioned that there are roadside sobriety exercises, such as the Walk and Turn exercise, the Finger to Nose exercise, and the One Leg Stand exercise, that officers request people to perform during a DUI investigation.

Roadside exercises, also called field sobriety exercises, are tasks designed to measure a person’s coordination, balance, and mental awareness. The roadside tasks are administered by law enforcement officers, in many cases an officer who is a member of a DUI Task Force, after a traffic stop (or at a DUI checkpoint) when the officers have reasonable suspicion that the driver of the vehicle is under the influence, whether it be under the influence of drugs or of alcohol. Administering these roadside tasks transforms a traffic stop into a DUI investigation.

“Reasonable suspicion” is the legal standard of proof required for officers to begin a DUI investigation. In order for an officer to have “reasonable suspicion” to believe that someone is committing, is about to commit, or has committed a crime (in this case, Driving Under the Influence), the officer must have more than a hunch based upon specific and articulable facts. Reasonable suspicion to begin a DUI investigation could come from the driver’s driving pattern, such as weaving, improperly changing lanes, driving with lights off at night, speeding, driving over a median, or an improper U-Turn, combined with physical indicators of impairment such as bloodshot, watery eyes, slurred speech, or the odor of alcohol.

There are three specific roadside sobriety tasks or exercises that have been approved by the National Highway Safety and Traffic Administration (NHSTA) that officers may request when they believe they have reasonable suspicion to begin a DUI investigation: 

1) Horizontal Gaze Nystagmus (HGN):This is the most “scientific” of the field sobriety exercises, and for that reason, in order for the results of this test to be admitted in court, the officer must have been “DRE certified.” (DRE means “Drug Recognition Expert). During this exercise, the officer typically asks the driver to look at a pen light follow it with her/her eyes as the officer moves the light up and down, and right and left. The exercise is designed to measure involuntary eye movement, called nystagmus, which can be an indicator of drug or alcohol use. Nystagmus is also a naturally occurring phenomenon in certain people, and can also be a side effect of a stroke or tumor.

2) One-Leg Stand: During this exercise, an officer will ask the driver to stand on one leg, lift the other leg approximately six inches off of the ground while keeping arms down at the side, and count to thirty. During the thirty second count, the officer will make notes of the driver’s wobbling, swaying, raising arms, dropping the foot to the ground, and how the driver counts – noting if the count is too slow, too fast, or skips numbers. NHTSA has stated that the exercise is not recommended for people who are older, who have disabilities, or who are over 50 pounds overweight. 

3) Walk and Turn: During this exercise, an officer will ask the driver to walk nine heel-to-toe steps in a straight line, turn around, and walk back. During the walk and turn, the officer observes whether the driver is able to follow instructions, maintain balance, maintain in a straight line, count the correct number of steps, and turn around appropriately. NHTSA has stated that this exercise is more accurate when performed in a well lit area, on a cleared, flat, hard, and dry surface. Again, this exercise is not recommended for people who are older, who have disabilities, or who are over 50 pounds overweight.

There are other alternative exercises that can be used in addition to the three tasks mentioned above, or in lieu of the three mentioned above if the person claims physically disabilities that will prevent them from appropriately performing the tasks. In Palm Beach County, a DUI investigation could also typically include:

1) Finger to Nose: During this exercise, the officer will ask the driver to stand with her/her feet together and his/her arms out to the side, at a 90 degree angle from the driver’s body. The officer will ask the driver to close both eyes, tilt the head back, and extend the arms one at a time to touch the tip of the nose with the tip of the finger by only bending the arms at the elbows, and then return the arms to the side. During the finger to nose, the officer will observe whether the driver sways, misses his/her nose, uses the wrong arm, or fails to return his/her arm to the side once finished.

2) Romberg Alphabet: During this exercise, the officer will ask the driver to state the alphabet from A-Z without singing.

3) Finger Count: During this exercise, the officer will ask the driver to extend one arm with palm facing up and then touch each finger tip with the tip of the thumb while counting out loud “one, two, three, four,” one count for each time the thumb touches a finger. The officer will then ask the driver to perform the same task in reverse, and repeat three times. During this exercise, the officer will observe things such as the driver’s ability to follow instructions, to count, and to touch each finger in the correct order.

During a DUI investigation, field sobriety exercises are voluntary.  An officer’s request for a person to perform these exercises is his attempt to either dispel his belief that the suspect is under the influence, or to gain additional evidence in support of his belief that the driver should be placed under arrest. Typically, officers are recording these exercises with the dash camera in their police vehicles, and the resulting video evidence can be used in court. This is why it is important for people to know that a person who is requested to perform field sobriety tasks does not have to perform them. There are many reasons that a person could perform poorly on the exercises, even if that person is not under the influence. Physical disabilities, such as foot, knee, or balancing problems, could cause a person to not perform the exercises to standard, potentially resulting in their arrest and video evidence that could be presented to a jury.

Driving Under the Influence in the State of Florida can have serious consequences, including jail time, probation, driver’s license suspension. Anyone arrested for a DUI should contact a Criminal Defense Attorney to explore 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.

 

Criminal Defense, DUI, Legal Blog

DUI Property Damage – Exculpatory Evidence

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An interesting DUI with Property Damage case from Broward was decided recently by the 4th District Court of Appeal. There, the Court had to decide the issue of what remedy, if any, is available to a DUI defendant where the police fail to preserve video evidence of a DUI investigation.

In that case, the Defendant was arrested for Driving Under the Influence with Injury and Property Damage. During the DUI investigation, the sheriff’s office had a DUI Task Force deputy conduct roadside sobriety exercises (such as the Walk and Turn exercise, the Finger to Nose exercise, and One Leg Stand exercise). The deputy was recording the exercises on his in-car camera. However, after a few moments, the camera’s view of the defendant performing the exercises was obstructed by condensation that had built up on the windshield as a result of the air conditioning being on in the police car. The deputy testified that he knew the fogging could happen (and routinely happens when it is hot and muggy outside), but he failed to check the camera to make sure it properly recording. Therefore, the remainder of the exercises was not able to be seen on the video. The defendant filed a motion to dismiss or to exclude the evidence, arguing that the sheriff’s office essentially destroyed exculpatory evidence (or, evidence that would have been helpful to the defendant).

The Trial Court dismissed the charges, finding that the sheriff’s office failed to follow their standard operating procedures by failing to properly maintain the video camera and ensuring that the proper recording occurred. The State appealed the case. 

The appellate court reversed the dismissal, finding that there were other less severe sanctions that the trial court should have entered to rectify the prejudice caused to the defense by the lost recording. For example, the court could have simply excluded any evidence pertaining to the roadside exercises and an instruction to the jury that they may infer that the lost evidence is exculpatory.

In DUI cases, there are possible defenses. In the case above, the defendant argued that the improperly recorded video would have showed him doing well on the exercises, thereby helping his defense. However, because the recording was damaged, the jury would never get to see the evidence that the defendant believed would help him. In that case, if the court excludes the evidence of the roadside tasks, such as all of the video and the officer’s testimony about how the defendant performed, the State Attorney will likely have a much more difficult time proving to the jury that the defendant was driving under the influence.

Driving Under the Influence in the State of Florida can have serious consequences, including jail time, probation, driver’s license suspension. Anyone arrested for a DUI should contact a Criminal Defense Attorney to explore 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.

Criminal Defense, DUI, InfoFriday, Legal Blog

Florida – 1st DUI Offense Penalties

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Many people are curious about the potential penalties for a First DUI Arrest in Palm Beach County, Florida. The following infographic lists the possible punishment in the case of a 1st DUI conviction, including enhanced 1st DUIs.

Florida DUI Penalties

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.