A DUI arrest is usually made at a traffic stop after a police officer has had reasonable suspicion to pull a driver over. A simple traffic violation, swerving within lanes, or frequently hitting the brakes is all an officer needs to have reasonable suspicion. Once the officer stops the motorist, he must have probable cause…
When one is convicted of a crime, it is the judge’s responsibility to determine an appropriate punishment. The Eighth Amendment to the US Constitution states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Several factors play into what kind of sentence one can receive when one…
Drug laws in Florida are among the strictest in the country. Simple drug possession implies that a defendant had no intent to manufacture or distribute a drug at the time of his or her arrest. Each drug is categorized under the law as a “controlled substance,” for which there are various levels. Even prescription drugs…
There is an old myth that many still believe about what cars police officers pull over the most for traffic violations: red cars. Many people may still hold onto the belief that red cars are more expensive to insure because they believe that they are targeted for, and may even hold back on purchasing a…
Each state places civil and criminal offenses into categories. A civil offense is defined as the violation of an administrative matter, while a criminal offense is defined as one that is a violation of local ordinances or state or federal statutes that prohibit specific conduct. Infractions, misdemeanors, and felonies are the three main categories states…
DUI is one of the most serious crimes you could be charged with while operating a vehicle. Whether you are in Florida or Washington, the legal BAC limit across the country is 0.08%. In all 50 states, DUI is also considered a misdemeanor offense; however, the penalties for DUI vary from state to state. If…
John Goodman, who was convicted in 2012 of the killing of Scott Wilson while driving under the influence of alcohol, is now serving a 16-year sentence. The jury concluded that Goodman, while intoxicated, crashed into the side of Wilson’s vehicle, causing it to fall into a canal and then failed to render aid. Goodman tells…
An extremely controversial surveillance technology is silently cruising the streets and watching where you go, or at least, where your car goes. Automated number plate recognition, or ALPR technology, can be found on police vehicles and at strategic locations all over south Florida, even in Palm Beach County. These readers do a fantastic job of…
Attorney Brian Gabriel’s En Masse case challenging the breath testing device used in the State of Florida and the Attorneys for the DUI Manslaughter case of Polo Mogul John Goodman have both been sent to Tallahassee to be fought on an administrative level. Today the fight for Brian Gabriel continues with an appeal to the…
ADDITIONAL ATTACKS AGAINST THE INTOXILYZER 8000 BEING PREPARED TO BE FILED This is in response to the two articles about the petition against the Intoxilyzer 8000 instrument. A petition on behalf of several hundred people with current Palm Beach County DUI cases is being prepared to be filed with the Florida Division of Administrative Hearings…
