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Florida's Premier Criminal Defense Firm
Recent Posts in DUI Category
May 16, 2012
Teen Drunk Driving – What’s A Parent To Do?
Posted By 1 800 FIGHT IT
In March 2012 Kimberly McCarthy made headlines when she was arrested 3 times in 17 days for DUI. This 18-year-old certainly needs a criminal defense lawyer in Tampa. Her story is a wakeup call to parents everywhere to talk to their teens about the dangers of drinking and driving.
 photo provided by Incase TIPS TO PREVENT TEEN DUI’S
Teenage drinking and driving carries serious consequences that range from legal troubles to potential accidents and even death. DUIs are expensive and can carry long lasting consequences for teenage and other drivers. Teens are just learning to drive and their risk of accidents is already high; adding alcohol to the mix just compounds the problem and results in an accident waiting to happen. Alcohol related accidents take lives, but they can be prevented. Here are some tips to help you encourage your teen to drive responsibly:
- Talk to Your Teen – It might seem like your teenager never listens, but you’d be surprised at how much they hear. Talk to your teen about the dangers of teenage drinking. Encourage them to choose other activities and to abstain from alcohol. Talking about the dangers of drinking isn’t enough; talk to your teen specifically about drinking and driving.
- Provide Safe Alternatives – In an ideal world teens would never drink, but mistakes do happen and your teen needs a safe way to get home, even if they have been disobeying you. Let your teen know that you are always there to help them get home if they, or their friends, have been drinking. Helping your child get home after a night of drinking doesn’t mean that you condone their behavior and doesn’t mean that you can’t punish your child for their poor choices. Let your teen know that you are happy to pick them up
- Know Where Your Teen is Going – When your teenager is heading out for the evening ask them where they will be going and what they will be doing. They may lie, but many teenagers will be open and honest with their parents. Take an interest in your child and in their activities and friends.
- Set a Good Example – Many teens learn appropriate alcohol related behavior from their parents. Know your limits. Plan for a designated driver or call a cab when you go out. Set a good example for your child by practicing what you teach.
WHAT TO DO IF YOU FIND YOUR TEEN DRIVES DRUNK
Prevention is easier than picking up the pieces after your teen decides to drink and drive, but unfortunately won’t always keep a problem from happening. If you do find out that your teen has been driving drunk it is important to take action. Don’t ignore the problem. Your teen needs help.
- Create Penalties – Drinking and driving should carry consequences for your teenager, whether or not they are caught by law enforcement. If you catch your teen drinking and driving make sure that you create appropriate punishments to help them learn their lesson. Alcohol treatment or education may be needed.
- Take the Keys – If you know your teen drinks and drives, take the keys away. Offer to pick them up and drop them off when they go out with friends.
- Hire an Experienced Lawyer (If Needed) – If your teen is arrested for drunk driving they will need a lawyer. If you are in the state of Florida feel free to contact our firm. We bring more than 20 years of combined legal experience to each and every case. We are passionate about criminal defense law and will work hard to ensure the best possible outcome for your child’s case.
- Love Them Anyway – Kids make mistakes, but that doesn’t mean that they don’t need parental love and support. Help your teen to get the help they need.
Teen drinking and driving is a serious problem. Help your teen to understand the consequences of drinking and driving so that they don’t end up in the same situation as Tampa teen Kimberly McCarthy.
How can parents teach teens about the dangers of drinking and driving? What would you do if you were the parent of Kimberly McCarthy?
May 8, 2012
YOUR FIRST DUI: WHAT HAPPENS NOW?
Posted By 1 800 FIGHT IT
 photo provided by Jeffrey Smith There’s firsts for everything, but not everyone wants to experience their first DUI arrest. If you happen to see flashing blue and red lights in your rearview mirror and you know that you may be teetering above the legal limit, try not to panic. Navigating through your first DUI isn’t going to be easy, but it isn’t the end of the world. You’ll need a level head and the handful of practical steps to know what to do next.
Here’s a simple guide as to what to do if you’re in that hot seat, brought to you by the team here at Finebloom & Haenel who are seasoned DUI lawyers right here in Tampa, Florida.
The Arrest Through Sentencing – What to Expect
- The Arrest – When you were arrested you probably had a chemical BAC (Blood Alcohol Content) test. In Florida having a BAC level above .08% will result in a suspension of at least 6 months. That doesn’t mean you should refuse the test though; a refusal comes with a yearlong suspension.
- Find a Lawyer – Start looking for a DUI lawyer as soon as possible. If you don’t already have a lawyer, pick up the phone and contact us. The clock starts ticking from the moment you get arrested and if you want to file an appeal to the suspension for driving over the limit or refusing a blood/chemical test you only have 10 days. It doesn’t matter if you are guilty or innocent, you will still need a lawyer. This person will be your advocate with the court and your guide through the DUI process. An experienced lawyer will fight your conviction, negotiate your charges and secure the least punishment possible. Guilty or not, call us for the representation you need.
- Find a Reputable Bail Bond Company – Now that you’ve got a lawyer, it’s time to think about getting out of jail so you can return to work and prepare for your DUI defense. Most reputable bail bond companies will ask for 5-15% non-refundable deposit and collateral to cover the remaining amount.
- Request a DMV Hearing to Avoid Suspension – Your license was probably suspended immediately at the time of your arrest, but that doesn’t mean you are doomed to a lifetime without a license. You can appeal the suspension with a DMV hearing.
- Head to Court – Many people find that court is the most intimidating part of the DUI process. If you haven’t been to court before you have no idea what to expect or what will happen. Luckily you will have your attorney by your side. They will use the facts as well as any mitigating circumstances (things that may lessen the severity of your charges) to minimize the consequences associated with your DUI, secure alternate sentencing, negotiate and sometimes even get the charges dropped.
Completing Your Punishment
Best case scenario, the charges will be dropped. But that isn’t always a possibility. Let’s take a quick look at the potential outcomes from your court experience. Sentencing varies based on the charges, number of offenses and circumstances involved. Jail time, fines, mandatory alcohol treatment or education, license suspension or any combination of the above are common consequences of a DUI.
- Fulfill Treatment/Education Requirements – If you are required to complete alcohol training or education, enroll as soon as possible. You may be required to complete your courses before you are able to get your driver’s license restored.
- Request a Hardship License – You may be able to qualify for a Florida hardship license enabling you to get your license back after a DUI suspension sooner. You can file a request for a hardship license to the Administrative Reviews Office of the Florida Department of Highway Safety and Motor Vehicles.
- Avoid Future DUIs – A DUI might not be the end of the world, but it is a lot of hassle and expense. Save yourself the trouble in the future by avoiding the risk. Don’t drive after drinking and make a plan for getting home before you head to the bar or a party.
What tips do you have for facing a first time DUI? What part of the DUI process do you find most intimidating?
April 18, 2012
10 Things to Look For in a Great DUI Lawyer
Posted By 1 800 FIGHT IT
 photo provided by Hossam el-Hamalawy When it comes to the law, you will always want the best representative on your side – especially in the case of a drunk-driving charge. There are many DUI attorneys in Tampa, but not every one can achieve great results for you. A great DUI lawyer should have impeccable credentials and relative experience, but should also be a good fit for your personality.
Here are 10 things to consider as you hire a great DUI lawyer in Tampa:
1. Criminal defense lawyers should have criminal law experience. It’s unlikely that the same lawyer who drew up your will could defend a drunk-driving charge. A great DUI lawyer works on cases like yours every day. That’s who you want to defend you.
2. Your lawyer should explain your options thoroughly. What are the benefits of the plea bargain? Why might you want to go to trial? A good lawyer will examine all aspects of your case. For example, can you assume the breath test rules were followed? It can be expensive to go to trial, but there are consequences to pleading guilty, too. Your lawyer should share this information with you.
3. Courtroom experience is important. The lawyer you choose should have experience defending cases just like yours in court. He or she should know the best strategies. For example, some expert DUI attorneys believe clients shouldn’t be put on the stand because it shifts the jury’s focus from determining reasonable doubt to the determining the defendant’s credibility. Ask about your lawyer’s strategies.
4. Hire locally. If you are facing a charge in Tampa, hire a defense attorney in Tampa. This person will best understand the specifics of the jurisdiction where you have been charged.
5. Your lawyer should not make any guarantees. Period. There is no way to promise you a certain outcome. However, a great DUI lawyer will put his or her best effort into your case. If your lawyer is making lofty guarantees, walk away.
6. Be sure the fee is comparable. If not, you may have reason to be suspicious. A quality lawyer with top experience will charge more than a newcomer, but the fee should be in the ballpark with similar attorneys.
7. A great lawyer isn’t a one-man-show. Meet the other professional staff in your lawyer’s office, such as the administrative team, paralegals, and other lawyers who might work on your case.
8. A good criminal lawyer should make you feel comfortable. If you feel pressured one way or another, this lawyer may not be a good fit for you. A great lawyer will be investigative. He or she will ask questions about your case – not simply tell you what to do.
9. Ask around for references. A great DUI lawyer also has a great reputation. Because a lawyer can’t win every case, you may run into disgruntled clients when asking around. But a great attorney will receive more positive feedback than negative.
10. Look for someone who loves what they do. It will be obvious when you first meet with a prospective lawyer whether they are good at what they do by how they act. If they are short with you, appear not to care, or aren’t listening to your story, they likely won’t work for you. Hire someone with passion for their work.
Remember that defending a DUI charge isn’t simple. You may be tempted to represent yourself, but you are considerably minimizing your options if you do. In this case, what you don’t know will hurt you. A great defense lawyer in the Tampa area can help.
Have you ever had to hire a lawyer to defend a drunk-driving charge? What characteristics did you look for when finding a lawyer?
April 10, 2012
5 Ways to Have a Perfect Party – Without Driving Drunk
Posted By 1 800 FIGHT IT
 photo provided by Great Manchester Police From Spring Break to Prom to graduation, the current season of fun can be just that – tons of fun. But it can also be trouble. A common offense during one of these occasions is a DUI. If this happens to you in the Tampa area, it’s time to talk with a top criminal defense attorney in Tampa. If you travel for your event, drunk driving poses a serious risk. But you can still enjoy your time and have a few drinks without going overboard. You just need to put to practice a few guidelines.
Ready? Here they are:
1. Don’t drive if you don’t have to. Plan to use a taxi, subway, bus, or other modes of transportation that don’t involve driving. If you are walking, go with a friend. When your group chooses public transportation, everyone can afford to have a few drinks.
2. Designate a driver. If you have to drive, let a non-drinker be your driver. Make sure this is someone you trust to avoid alcohol during the event. Take turns being a designated driver if you and your friends are on vacation together.
3. Keep the drinking at home. Can you stay overnight at the party? If you want to drink while on vacation, consider only drinking in your hotel room. There’s no need to go out if you don’t have to. Invite others to join you or meet at the hotel pool.
4. Know your limits. You can be easily fooled by excessive alcohol consumption at an event – especially if you’ve been drinking on a beach on a hot day or you’ve tried a new cocktail at the party you are attending. If you feel tipsier than normal, hand over the keys.
5. Be a friend. It’s OK to take the keys of someone who’s had too many. Not only do you want them to avoid a DUI, you also want them to be safe on the road. A friend will understand – hide the keys if you have to.
What happens if you are caught? Even your best preparations can have unhappy endings. State drunk driving laws vary. In Florida, you will face license suspension, mandatory education, and even possible vehicle confiscation and an ignition interlock device. If you receive a DUI while in the area, you should contact a criminal lawyer in Tampa who: understands the necessary hearing processes, can effectively explain the penalties you are facing, and has experience with defense DUI defense strategies.
Don’t worry – the highly experienced DUI lawyers at our Tampa law office can help you navigate this process. Don’t assume you can achieve success without help. Better yet, avoid drunk driving altogether and really celebrate! Good luck and have fun!
What are your Spring Break party stories? If you’ve faced a DUI in the past, what were your consequences?
February 24, 2012
What are the Florida DUI Laws?
Posted By 1 800 FIGHT IT
The Florida DUI laws are controlled by Florida Statute 316.193. Under the law it is illegal to drive or be in actual physical control of a vehicle while. . .
- you are under the influence of alcohol, drugs or prescription drugs to the extent that your normal faculties are impaired. OR
- you have an alcohol level of .08 or more grams of alcohol per 100 milliliters of blood OR
- you have an alcohol level of .08 or more grams of alcohol per 210 liters of breath.
Under the law. . .
A “vehicle” is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. This includes bicycles, ATVs, scooters, mopeds and lawnmowers.
“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. The usual types of actions the officers talk about when they make an arrest are “slurred speech” and an inability to stand up straight or balance. If the cop thinks you look a little unsteady and you sound as if you have been drinking, they will probably take you in.
“Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether they are actually operating the vehicle at the time. So if you are intoxicated and sitting in the front seat of a car listening to the radio, you are in physical control even if you aren’t driving. That can be enough to convict you of DUI.
The Florida DUI law is very broad, and it is very easy for an officer to find enough probable cause for an arrest. That is why you should be very cautious if you drink or take any type of drug or medication and drive. If you are arrested, make sure you hire good representation to defend you as there are often defenses you may not know about.
January 26, 2012
PARTYING AT GASPARILLA TONIGHT OR THIS WEEKEND? DON’T DRINK AND DRIVE!
Posted By 1 800 FIGHT IT
Tonight and this weekend, the Gasparilla celebration once again invades the city of Tampa, and along with the revelers, the Hillsborough County Sheriff’s Office will be out in full force looking for drunk drivers.
Gasparilla events include the “Gasparilla Invasion,” the Gasparilla Invasion Brunch,” and the “Parade Fest Street Festival” along with live music, food, costumes and partying. And drinking. Drinking has become synonymous with the Gasparilla festivities and it seems everyone participating imbibes on the ‘liquid pirate booty.’ In response to the partying, the Hillsborough County Sheriff’s Office seeks to protect those people on the roads through Hillsborough County and will be conducting “Operation 3D,” a public awareness campaign meaning Don’t Drink & Drive.” HCSO deputies will be on the lookout for drunk drivers, specifically tonight, January 26th. There will be a checkpoint and deputy “saturation” in District II, Eastern Hillsborough County, State Road 60 and Parsons Avenue.
A DUI is a serious offense and the ramifications on your driving privileges and your livelihood can be severe. If you or someone you know gets arrested for DUI and you want to know your rights, contact criminal defense DUI attorney Stephen Higgins at Stephen@fightyorucase.com or call at 813-649-869, with offices at 3426 W. Kennedy Blvd., Tampa, FL 33609. www.FightYourTampaDUI.com
November 9, 2010
Florida DUI News – Tampa Man Pleads Guilty To DUI Manslaughter Charges Now Awaiting DUI Sentence
Posted By 1 800 FIGHT IT
A series of car crashes that led to multiple DUI charges in Tampa including DUI manslaughter against an Army veteran has led to the man pleading guilty after claiming his innocence for more than a year. Randy Archiquette is waiting to be sentenced now on two counts of DUI manslaughter, three counts of DUI with property damage and leaving the scene of numerous accidents.
Archiquette could be looking at life in prison for killing two women in a series of crashes. According to TampaBay.com on April 13, 2009 Archiquette caused five crashes in a 30-minute period while driving his Chevrolet Yukon with a 0.147 blood alcohol level. He was driving near Hillsborough and Florida Avenues when his truck finally flipped ending his rampage. Following the crashes Archiquette learned that 20-year-old Brittany McFarland and 69-year-old Betty Williams were both dead. He steadfastly denied he could have killed the two women. Prosecutors contend that Archiquette was not only drunk but under the influence of prescription drugs as well at the time of the car crashes.
The families who lost loved ones that day will have to wait until February 11 to find out what Archiquette’s Florida DUI sentence will entail. The judge warned Archiquette that he could not change his mind once he pleads guilty and the penalty for DUI manslaughter in Florida could be life in prison. Archiquette acknowledged that he understood that. He has already been in jail for 19 months since his arrest as he was not given bail. The Army veteran spent 12 years serving his country and has two young daughters.
Several family members attended the hearing as did the grandmother of Summer Moll who was severely injured in a DUI crash in which Tammy Rosian also lost her daughter. Rosian connected with families of the victims of this accident on Facebook and came to lend support.
October 15, 2010
Florida DUI Sentences – DUI Manslaughter Guilty Pleas Could Bring Severe DUI Penalties For Florida Man
Posted By 1 800 FIGHT IT
A north Florida man is facing a lengthy DUI prison sentence after pleading guilty to a felony DUI charge in the death of a 16-year-old girl. John Campbell Arthur pled guilty to numerous charges in connection with a car crash that killed Alayna Bowman on June 23. According to reports Arthur had a blood alcohol level of three times the legal limit at the time he hit Bowman’s car as she was pulling into her driveway.
Arthur has entered a plea of guilty to DUI manslaughter, driving with a suspended license as a habitual traffic offender, reckless driving and violation of probation on a previous charge of carrying a concealed weapon. Arthur will be sentenced December 14 and his Florida DUI sentence could be as high as 33 years in prison.
The car crash that took the life of Bowman took place at approximately 10:30 p.m. outside the teenager’s home in Fort Walton Beach. Arthur was apparently trying to pass the girl leading to the fatal crash. The family was relieved with the guilty plea. First, it means the man that took the young girl’s life will go to prison but it will also spare her 13-year-old brother from taking the stand and reliving the horrible night as he was in the passenger seat at the time of the crash.
According to the report of NWFDailyNews.com, Arthur still has 30 days in which to change his mind, withdraw his guilty plea and take the case to trial. With blood alcohol readings of 0.278 and 0.276 it would be a difficult case to fight for any criminal defense attorney. Circuit Judge John Brown will hand down his sentence in an Okaloosa County Courtroom, which will hopefully allow Bowman’s family to begin to move on from the tragedy that took their daughter’s life.
September 30, 2010
Florida DUI News – World Series Champion Yankee Ready To Face DUI Manslaughter Charges
Posted By 1 800 FIGHT IT
One of the legendary clutch hitters in World Series and New York Yankee postseason history is facing the fight of his life on a Florida DUI charge that could result in a long DUI prison sentence. Former Yankee catcher Jim Leyritz is getting ready to be tried on a DUI manslaughter charge in a Fort Lauderdale courtroom stemming from a 2007 crash.
According to prosecutors as reported in a blog post on CNN.com, Leyritz was out celebrating his 44th birthday when he decided to get behind the when of his Sport Utility Vehicle after a “alcohol-fueled” celebration. He allegedly ran through a red light and crashed into Fredia Veitch. The 30-year-old mother of two died in the crash. It was determined following the crash that Leyritz was driving with a blood-alcohol level of 0.14.
The reason the case could be problematic for prosecutors is that court records show Veitch was also intoxicated at the time of the crash. Her blood-alcohol level was higher than Leyritz’s at 0.18. The defense is going to use the fact that the woman was drunk, along with alleging that she was distracted on her cell phone, speeding and driving with her lights off and they will also challenger the fact that Leyritz ran a red light claiming it was yellow at the time he went through the intersection.
The case will revolve around the seconds leading up to the fatal crash that lead to the DUI manslaughter charge. Leyritz’s DUI defense lawyers will have their accident reconstruction experts battle those from the state and that may be where the case is decided. There has also been an issue with discovery in the case. The prosecutors admitted a violation but said that it occurred before the trial ever started but the defense has been granted a hearing on that issue, which CNN reported as a minor victory for the lawyers defending Leyritz.
September 21, 2010
Pinellas DUI News – Woman Arrested For DUI Three Times Has Second Loved One Hit By A Drunk Driver
Posted By 1 800 FIGHT IT
Tina Pellegrino’s 17-year old daughter was in a coma for 56 days after she was hit by drunk driver nine years ago and now Pellegrino has lost her fiancé in a drunk driver accident. Pellegrino was crossing a Treasure Island street with 49-year-old David Happeney when the father of three was struck by a drunk driver and pronounced dead at Palms of Passadena Hospital.
The St. Pete Times is reporting 39-year-old Ann Marie Nunn has been charged with DUI manslaughter in St. Petersburg for the crash that took Happeney’s life. Nunn allegedly had a blood-alcohol level of 0.263, which is more than triple the legal limit. Police report she had just left a bar before the crash and was not only drunk but also taking prescription medication. Happeney was not inside the crosswalk at the time of the crash. That was also the case with eight of the 14 pedestrians who have been killed on Teasure Island’s Gulf Boulevard or Blind Pas Road. Six of those eight deaths was the result of a drunk driver according to police.
Happeney leaves behind three daughters. They ranged in age from 22 to 11. He had moved to the Tampa Bay area four years ago after losing his job. He rented a hotel room on Treasure Island to celebrate Pellegrino’s 43rd birthday. The couple met three years ago and Happeney told family two years later that he was going to marry Pellegrino. The couple was headed back to the hotel when Nunn allegedly ran the man down.
Pellegrino has a history with DUI that is not limited to just having her loved ones involved in drunk driving crashes. The 43-year-old has been arrested three times for DUI herself. The most recent arrest was in 2006. The St. Petersburg Times tried to reach the woman for comment but they were unable to speak with her.
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