Tag: Palm Beach Criminal Defense Lawyer

Breathalyzer, Criminal Defense, DUI, Legal Blog

DUI Defense

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DUI charges that involve a breathalyzer result over the legal limit often seem difficult, if not impossible, to beat. However, an experienced DUI defense attorney will know that there are certain things to look for that could possible lead to the suppression of the test. If the breathalyzer is suppressed, it is often much more difficult for the State to go forward with their charges.

One possible defense is that the “20 minute observation period” was not properly followed. What is the 20 Minute Observation Period? In a Florida DUI case, when a person is requested to provide a breath sample using the breath machine called the Intoxilyzer 8000, there are certain rules that the police officers must follow in order for the breath sample to be valid. One of the requirements is what is known as a 20 Minute Observation Period. For a period of 20 minutes, the breath test operator must continuously observe the person giving the breath sample. This observation period is mandated by Rule 11B-8.007(3) of the Florida Administrative Code in order to ensure that person giving the breath sample has not taken anything by mouth, has not regurgitated for at least 20 minutes before administering a breath test, and to allow for any alcohol remaining in the mouth to disappear. Without waiting for 20 minutes, the breath test may be invalid due to alcohol in the mouth, instead of the breath, showing up on the test.

There was recently a case in Florida where the breath test operator only observed the defendant for 17 minutes instead of the full 20 minutes. The defense filed a motion to suppress the results, arguing that 17 minutes was not sufficient to be in strict compliance with the requirements – and the trial court agreed.

There have been many cases similar to that – including one where the Defendant was observed for 18 minutes and 23 seconds – where the court threw out the results.

A knowledgeable criminal defense attorney will know how to read the breath results and what to look for to see whether the test was in compliance or not. A test that was not administered in accordance with the rules may be deemed inadmissible.

Anyone who is facing DUI charges in Florida, including Palm Beach County, should contact a criminal defense attorney experienced in Driving Under the Influence charges to review the case for any possible defenses.

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, Recent News

Tailgate Parties

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Attorney Casey Reiter was recently quoted in an article appearing on Avvo’s Nakedlaw Blog regarding “Why Tailgate Parties are Legal, Unless You Have Pot.” The full article can be found HERE.

In the article, Attorney Reiter explains that “tailgate parties” (events where sports fans gather in parking lots prior to the event to eat, drink, and have a good time) are not unlawful events, even though they may ultimately result in drinking and driving.

Casey Reiter briefly explains in the Nakedlaw Article that drinking and driving, in and of itself, is not against the law in Florida.

“A person who drives home after one beer is not necessarily committing a DUI,” she says. “A person cannot drink alcohol to the extent that his or her ability is impaired and then drive a vehicle.”

Having a beer and then driving is not illegal as long as a person’s normal faculties – the ability to walk, talk, see, and hear – are not impaired by one beer, and as long as the person’s blood alcohol content is under the legal limit of .08 (or .02 for minors). If it was illegal for a person to have a sip of alcohol (or even more) and then get behind the wheel, restaurants that serve alcohol would likely not be allowed to have parking lots. That is simply not the case.

Additionally, just because someone is at a tailgating party doesn’t necessarily mean that they are drinking and driving. A person can attend a tailgate and not drink, and a person can drink at a tailgate and not be driving. Further, a person can attend a tailgate, drink, go watch the event, sober up, and drive home without having committed any crime.

Finally, it is important to note that if a municipality has an ordinance banning drinking in public, police can ticket and/or arrest anyone who is openly drinking alcohol on public property, such as sidewalks, public parks, streets, etc. Often, places where tailgating is prevalent, such as sporting arenas or even private driveways, are not public and therefore are not in violation.

Of course, this is not to suggest that it is advisable for a person to drink alcohol and then get behind the wheel. Bring a sober driver with you or take a cab if you may have overindulged. As always, anyone who is facing a DUI charge in Florida should contact a Florida Criminal Defense attorney.

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

As Quoted in US News & World Report

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Attorney Casey Reiter was recently quoted in an article by US News & World Report regarding the “Real Cost of a Traffic Ticket.”

In the article, Attorney Reiter explains that there may be applicable technicalities to having a traffic ticket dismissed or fines reduced. While drivers can elect to attend traffic court on their own, Ms. Reiter states that in Florida, “Many people find that the convenience of having a lawyer go to traffic court on their behalf is well worth the 80 or so dollars.” However, it is important to remember that while many drivers may choose to elect traffic school to avoid points on their licenses rather than hire a traffic ticket attorney, in Florida, traffic school may only be elected once per 12 months and only five times in a lifetime.

To read the full article, CLICK 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.

Florida Traffic Ticket, Legal Blog, Recent News

West Palm Beach Red Light Camera Tickets

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According to recent reports in the Palm Beach Post found HERE, a West Palm Beach traffic court has given the city of West Palm Beach until January 7, 2015 to resolve disputes over Red Light Traffic Camera Tickets, or else 85 tickets will be dismissed.

This comes on the heels of an October 16, 2014 ruling by the Fourth District Court of Appeal, where the court threw out a Hollywood, Florida traffic ticket. The court held that the city of Hollywood cannot delegate its legal authority to issue traffic tickets to a private, for-profit third party – in this case, American Traffic Solutions (ATS), who provides the red light cameras to the city. Apparently, West Palm Beach has a similar red light camera ticket operation, and the city is trying to figure out how to handle its own tickets pending appeal.

My prior article on the red light decision 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

Talking to Police and Confessing

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When is it a good idea to talk to the police (without a lawyer) during a criminal investigation?

Never! As a suspect in a criminal investigation, speaking with police will almost certainly be harmful. Police officers who are investigating a crime are not there to help you, no matter how hard they try to convince you that they are your friends. When police are investigating, it is their job to find evidence and make an arrest. The more evidence they can find, the better for them.

For someone who is guilty, confessing immediately to the police  during an investigation may make that person feel better momentarily, but at the end of the day, a confession will NOT be beneficial when navigating the criminal justice system. As they say, “anything you say can and will be used against you in a court of law.”

Why won’t confessing help you?

In the Florida criminal system, pleading guilty (or no contest) at some point during the criminal process is commonplace for many reasons, including doing so in exchange for a preferable plea offer, to enter a diversionary program, or to avoid trial. Unfortunately, a person who has already confessed to a crime has many of these options taken away from them. Why would a prosecutor offer you a good plea deal if they already have the case against you wrapped up with a shiny bow? With a few exceptions, admitting guilt can almost always be done at a later stage of the criminal process. Talk to a lawyer before you spill your guts, and let the lawyer do the talking for you. An attorney may be able to obtain a beneficial plea bargain, or find some defense in your case, or possibly even find a way to get the charges reduced or the case dismissed if certain factors are present. However, if there is already a confession, you have made the State’s case against you easier to prove, and you will likely face a much tougher road in your defense.

Won’t the police be more lenient if you just tell them what you did?

No! The most important thing to remember is that police do not have the authority to make plea deals, change charges, or give you lesser sentences. The State Attorney’s Office and the Judge are the only ones who have authority to do so. Police are not there to help you. In fact, police are allowed to legally lie to you to a certain extent! Do not get tricked – officers may act like your buddy when they are investigating, or even try to tell you that they “already know” what you have done and that you may as well just admit it or things will get worse for you, even if they really have no idea!  If the police are planning on arresting you, you will not be able to talk them out of it. They are only looking for more evidence directly from you to seal the deal with their charges. You do not have to talk to police – don’t make things more difficult on yourself by voluntarily giving the police the rope they need to hang you with.

If the police didn’t read my rights, won’t the case get thrown out?

Not necessarily! Reading your rights, or “Miranda Warnings,” does not apply to statements volunteered by  you at any time or questioning during an investigatory stop. The only time police have to read your rights is when they have arrested you and plan to ask you questions about a crime. However, anything you say voluntarily to a police officer at any time can be used against you!

But what if you’re innocent?

Even if you are innocent, it is so easy to make a simple misstatement that can hurt you. A little white lie that you don’t think is relevant to the case could be used against you. Telling minor details one way to a police officer and then mixing up the details later in court can be used to hurt your credibility and make you look guilty, even if you are not.  If your story changes even the tiniest bit, you can bet that during trial the State Attorney will have the jury asking themselves why you lied to the police if you were so innocent. Contact a criminal defense attorney before you speak with the police. You have the right to remain silent for a reason – use it!

 

This blog is meant for educational and informational purposes only. This information is not intended to create an attorney-client relationship nor is it intended to be legal advice for any individual case or situation. This is free; legal advice is not. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. If you are being charged with or investigated for a crime, you should consult a criminal defense attorney regarding your individual case.

 

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.