She was originally charged in the manslaughter of 19-year old Jessy Calvin Pitts and 17-year old Taylor Rae Brennan, who were killed in a car accident on the night of January 11, 2009, just after leaving the party hosted at Santarelli’s home. She was found not guilty of those two more serious counts, and was subsequently charged with misdemeanor contributing to the delinquency of a minor and misdemeanor hosting an open house party.

Pitts had been seen at the party doing shots of rum with Santarelli. He later got behind the wheel of his 1991 Thunderbird to drive Brennan home. Deputies initially stated that although friends tried to stop him from diving, Santarelli did not. His blood alcohol level was more than twice the legal limit at the time of his death.

The party wasn’t a one-time event. According to investigators, Santarelli allowed similar parties at her home for a period of about four months, parties where kids had access to alcohol, marijuana, and nitrous oxide.

Judge Watson said about the case that it was “probably the egregious case of contributing to the delinquency of a minor that I have had experience with in my 50 years as a lawyer—and as a judge, public defender, and prosecutor.”

In misdemeanor cases, one year is the maximum allowable sentence. It’s quite rare that someone is sentenced to the maximum. But in this case, the judge obviously thought it was warranted. Though Santarelli didn’t make the kids drink, she had a responsibility as an adult to not provide such substances either. Contributing to the delinquency of a minor is the applicable charge when an adult would provide such substances or otherwise encourage or enable such behaviors.

Florida doesn’t have a specific “social host” law that some other states have that are more specific, and tougher with regard to adult responsibility for teens drinking under their watch. These charges are pretty rare when compared with other alcohol-related charges—DUI, of course, being the most common.

Like Santarelli’s charges, DUI is a misdemeanor. But for a first offense, you will only face up to 180 days in jail, along with probation, fines, driver’s license suspension, community service, DUI school, and the risk of having your vehicle impounded.

Such penalties cannot be taken lightly.

If you are accused of any alcohol related crime, you need someone on your side willing to advocate for your best interests, to work to get you the best results possible on your day in court. Contact our offices today for a consultation on your case.

10 News says they came across emails and documents that prove the state knew about the problems for over two and a half years before taking significant action. A Sarasota deputy noted problems as far back as 2007 and alerted an inspector about the issue. The head of the breath testing program then told inspectors to simply not mention problems with the breathalyzer equipment in their field notes, encouraging, in essence, a cover up.

The machine in question, known as an Intoxilyzer 8000, wasn’t registering air flow correctly. It eventually had to be pulled out of service and sent in for repairs. But this single machine wasn’t the only one with problems. One in Venice was calibrated incorrectly and was delivering breath levels that weren’t “humanly possible.”

In all, about half of every Intoxilyzer 8000 in the state of Florida was found to have not been calibrated correctly. Robert Harrison, who went through state records, suggested this finding has “enormous implications,” that people may have been wrongly convicted and the state may have been able to prevent such actions had they heeded signals that there were problems with the machines.

Breath testing machines, like most man made pieces of technology, are not fail proof. They do make mistakes. Unfortunately, many people (particularly law enforcement and prosecutors), give a considerable amount of weight to the results of these machines, taking their readings as fact and often using them as the basis of a criminal case.

Most defense attorneys know about the common flaws of breathalyzers and know that these machines cannot be trusted to provide 100% accurate tests results. When you are accused of drunk driving and the basis of the state’s case rests in breath test results, your attorney may be able to argue that the calibration wasn’t done correctly or that the officer administering the test hadn’t been appropriately trained.

Challenging the results of a breath test is just one way in which your defense lawyer may be able to argue your innocence. If you are facing charges of DUI in Florida, contact our offices today for a free consultation on your case.

According to the Miami Herald, although the program may at first seem to benefit only the offenders, it was created in part to hold more people accountable for drunk driving.

Prosecutors point out that many cases “fall apart” before they make it to trial. This, for them, means that some people who might actually be guilty of drunk driving are getting off without penalties. By offering them a diversion program instead some will jump at the chance to avoid the risk of losing at trial and therefore be held accountable for the DUI regardless.

“Back on Track” will require participants to complete alcohol education classes, attend treatment, and pay a fine. If they satisfy these requirements the charges against them will be reduced to reckless driving. If they don’t hold up their end of the agreement, they can be prosecuted.

Participants must have had a valid driver’s license at the time of their arrest. The arrest also cannot have included an accident or another crime and no child can be present in the vehicle at the time of the arrest. Their record must be relatively clean with no reckless driving and other DUI charges.

People who are arrested and have a blood alcohol content of more than .159 (.08 is the legal limit) can still participate, though they will have stricter rules including the installation of an ignition interlock device.

Officials are hoping the new program will reduce backlog of DUI cases in the Miami-Dade courthouse. Last year there were 5,639 DUI cases filed in the county, even more were filed in 2009.

The police are staying quiet about the program until they see how it pans out. They say it looks nice “on paper” but some wonder if it gives dangerous drivers a free pass, something not everyone believes they should have.

The bottom line is that people accused of drunk driving are usually very normal people. People like you or I, people like your neighbor or boss. Often their first DUI is their last DUI and giving them a chance to avoid the criminal conviction is a good move.

There are other similar diversion programs across the state. Whether or not you qualify for such a program depends on the jurisdiction in which you are charged and the facts of your case. If you are facing DUI charges and curious about your options, contact our offices today for a free consultation.

According to the CBS 4 story, the woman was pulled over for driving erratically on South Homestead Blvd. in Homestead. The officer had several clues that she was intoxicated including slurred speech, flushed face, glossy eyes, poor balance, and difficulty exiting the vehicle and finding her license.

However, when she was cuffed to be taken to the jail things escalated to more than a typical DUI arrest. The suspect allegedly began by telling the arresting officer that she would tell officials he assaulted her. It only escalated more once they got to the jail.

She is said to have kicked at least one officer, thrown the handcuffs at another, and hurled racial slurs all while threatening the officers with their jobs. The school teacher is now charged with battery on a police officer, DUI, and resisting an officer with violence.

She claims she was “roughed” up unnecessarily and she claims she was threatened as well. What began as a DUI arrest, ended with a he said/she said and a long list of criminal charges.

DUI arrests have a tendency to go wrong simply because of the intoxicated nature of the arrestee. It’s not unusual to see a simple DUI charge turn into a longer list of charges including resisting arrest and the most common partner to a DUI—driving on a suspended license.

When you’re driving drunk, the last thing you need is additional charges. One DUI is enough. However, mistakes happen to everyone.

If you’re facing DUI charges or a combination of several charges, please contact our attorneys right away for a consultation on your case and to discuss the best course of action.

According to the officer, he came only two feet from the car before stopping and revving his engine. It apparently took the alleged suspect a few moments to open his window to the officer trying to speak with him, telling the police that he had to “get through.”

At 3:35 am at a police roadblock, telling them you cannot detour where they want you to may be a red flag to the officers that something is amiss. Police reportedly smelled alcohol on the Dolphin’s breath and asked him 3 times to exit the car.

The legal limit in Florida is .08%. He took two breath tests that found him to be at .152 and .167, about twice the limit.

Because his blood alcohol content was over .15%, he can face enhanced DUI penalties. Enhanced DUI was written into the laws to ensure those who were extremely intoxicated faced harsher penalties than a regular DUI.

A normal first-time DUI charge will carry a potential jail sentence of 180 days, while an enhanced sentence is up to 270 days. Fines are steeper as well with an enhanced DUI and the offender will be required to have an ignition interlock device installed on their vehicle, if convicted.

The cornerback could also face sanctions from the NFL if he is convicted or pleads guilty.

Regardless of who you ware, being accused of drunk driving is scary. You could potentially lose the use of your driver’s license for up to 1 year with a first time offense. This is just the tip of the iceberg when it comes to DUI penalties.

If you are facing a DUI charge, whether it is your first or your third, I can help. Call me today to discuss the charges against you and the best way to handle them.

• 24 Deputies
• 4 Hours
• 633 Cars stopped
• 1 DUI arrest

Imagine how much more effective those officers would have been if they were out patrolling, looking for motorists driving suspiciously or dangerously.

DUI checkpoints, which are announced in advance, can also be avoided by savvy drivers.

Everyone wants less drunk drivers on the road, but these roadblocks ultimately provide little besides officers looking busy while inconveniencing average citizens. When it comes to Florida DUI enforcement, this policy just doesn’t make sense.

The chase supposedly started when 67 year old Charles Richard Barrow was seen swerving on U.S. 41 shortly after a hit and run had been reported. Barrow was driving a Mazda Miata with no headlights, forcing drivers off the road as he avoided police.

In all, the Herald Tribune reports Barrow caused 17 accidents and about $17,500 in property damage.

The chase reached speeds of 80 mph in 45 mph zones and ended when Barrow’s tire blew out.

Barrow was arrested and held in the Charlotte County Jail before posting a $20,250 bond. He is facing 7 counts of DUI with property damage, 7 counts of hit and run, 2 counts of DUI with bodily injury, 2 counts of hit and run with physical injury, and fleeing to elude.

Because the penalties for a DUI get stricter with each offense, Barrow will be facing several years in prison for the DUI charges alone.

Likewise, the multiple hit and run charges carry lengthy prison terms. Hit and run involving only property damage is a misdemeanor. However, hit and run involving injury is a 3^rd degree felony and carries up to 15 years in prison.

Barrow is looking at a quite frightening encounter with the Florida courts as he faces so many charges and allegedly put several lives at risk.

When facing any number of DUI or hit and run charges you have a right to be nervous about your court dates and even frightened about the potential outcomes.

Having an aggressive defense attorney on your side can help take some of the pressure off. Together we will examine every angle of your case to ensure we are doing all that we can to gain a positive outcome in court.

If you are facing DUI or hit and run charges, call me immediately to discuss the details.

Both Robert Steudl and Oswaldo Davila are facing DUI charges in connection with bike rides while drunk. Interestingly, this isn’t the first time Davila has faced charges like this.

As a matter of fact, according to the St. Petersburg Times, the last DUI while bicycling arrest that occurred in Spring Hill involved Mr. Davila. That was in 1999 and just goes to show how rare these charges are.

Of course, it seems like a rational decision. Bring the bike to the bar to avoid driving drunk. The flaw in this thinking is that DUI laws apply to bicycles just like they do cars or even wheelchairs. It doesn’t matter if you are behind the wheel or behind the handlebars, you can be charged with DUI if you are operating any vehicle while under the influence.

When Steudl was arrested he had bruises and scratches on his body and face, evidence that he had fallen off the bike at some point. He was found riding in the middle of westbound Spring Hill Drive. Unfortunately, Steudl thought he was on Deltona Blvd.

Steudl’s blood alcohol level was tested to be 0.265, which is more than 3 times the legal limit. Although it is a good thing he wasn’t behind the wheel of a car, he could have still been involved in a tragic accident, with a blood alcohol level that high.

DUI cases in Florida are a dime a dozen. Cases like this are rare and get people’s attention. However, if you are the one facing DUI charges, it doesn’t matter where you were or what you were driving, the police probably got your attention right away!

Facing Florida DUI charges is difficult and you need an experienced DUI attorney with you when you go before the judge. Call me immediately to discuss the details of your case and to see how I can help.

The alleged at-fault driver was 67 year old Nokomis resident Ewing Alfred Saunders. Saunders has just been charged with 5 counts of DUI manslaughter in connection with the accident and is now being held without bond.

This Herald Tribune article gives a good explanation as to why it took so long for the charges to be handed down. They explain that the state prosecutor and law enforcement treat DUI related deaths as they would any murder, carefully gathering evidence and building a case.

The prosecution and law enforcement understand that the defendant’s attorney will be looking for any gaps in the case, including mishandled evidence in order to help their client.

Saunders’ blood alcohol level immediately following the accident was .11 percent. The legal limit in Florida and most states in the country is .08. But, as they point out, cases like this typically need more than the blood alcohol level to get a conviction.

Facing DUI charges is not all that uncommon. Facing charges for DUI manslaughter is. While I sincerely hope you are not in this deep of legal trouble, if you are, I can help.

A simple 1^st time DUI charge can land you with jail time, probation, license suspension, car impoundment, DUI classes, and fines. As your offenses pile up so does the penalties.

For a 4^th offense DUI you could be looking at felony charges and as many as 5 years in prison.

When facing any kind of criminal charge, including DUI, you want to be certain you have an experienced and aggressive defense attorney fighting for you in court. Let’s talk about your case and see what we can do together.

Some counties in Florida are helping DUI offenders get the treatment they need with a second chance and a path that leads to sobriety. The goal is to reduce the incidents of 2nd or 3rd offense DUI charges in Florida, which are often the result of alcohol addiction problems.

Currently only active in three counties, DUI courts are typically available for multiple time DUI offenders. They seek to give people help rather than simply push them through the court system.

To be eligible for DUI court, a defendant must make their desire known to the judge ahead of time. According to this article from Ocala.com, the DUI court in Marion County provides an opportunity for rehabilitation.

Typically, outside of DUI court, a 2^nd DUI conviction can lead to up to 270 days in jail, 1 year of probation, 1 year license suspension, large fines, DUI school, ignition interlock device, and impoundment of the defendant’s car. With DUI court, the penalties are lower but the program is not easy.

With DUI court, particularly in Marion County, offenders will serve a minimum jail sentence, attend counseling and AA meetings, be present at court check-ins, and submit to drug and alcohol screenings. The program allows for very little slip-ups and mistakes and punishes those who violate with a reinstatement of the original potential sentence.

When up against serious criminal charges like multiple DUI offenses, people are justifiably worried about their future. Knowing all of your options and potential outcomes can be relieving as you struggle through such an uncertain time.

While DUI courts aren’t available throughout Florida, they are present and other programs exist for those people who want help. Contacting an experience Florida defense attorney will assist you in knowing where your options lie.

Wondering if there is a DUI court in your county or what types of programs exist to help you serve less jail time? Call today for a consultation on your case and to hear what I can do to potentially help you with your case.