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Archive for August, 2010

Real Estate Developer Arrested On Fraud Charge

August 11th, 2010 No comments

Developer John Boback, Sr. of Flagler Beach is accused of taking $410,000 from a Marco Island man to build a condominium on property at located on North Oceanshore Blvd.  The 51-year-old Flagler County developer was arrested this week and accused of grand theft in what authorities called a fraudulent real-estate purchase.

The buyer said he was told the condo was to be part of a larger professional complex. But investigators say it was never built.  Buyer Patrick Lyons, 55, told investigators all he ever received was a deed. Now the property is in foreclosure.  Lyons tried but couldn’t get Boback to refund his money.

Boback was booked into the Flagler County Inmate Facility and was released after posting $50,000 bond.

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Orlando Red Light Tickets Dismissed

August 10th, 2010 No comments

Orange circuit judge Frederick Lauten ruled Monday that nearly 50,000 tickets issued to motorists caught by automatic cameras running red lights in Orlando during the past two years should be dismissed.  The effect of Judge Lauten’s ruling may require the city of Orlando to refund more than $4 million paid in fines. But because the ruling is almost certain to be appealed, it may be years before there’s a final decision.

In his ruling, Judge Lauten ruled that “Although the court believes the city’s articulated goal is laudable — increasing public safety by reducing red light-running — the challenged city ordinance intrudes on an area of law reserved to the state is therefore invalid,” Lauten wrote.  The ruling doesn’t mean Orlando will be turning its cameras off, because the Legislature changed the law earlier this year to allow enforcement cameras. But it would seem to throw out nearly 50,000 tickets mailed to violators before the new law took effect July 1.  Orlando city attorney’s certainly will appeal the judge’s ruling. 

Regardless, Lauten’s opinion could have implications for drivers photographed blowing through red lights across Florida.  The judge’s  decision did not touch on ticket refunds or damages. The city issued 48,579 red-light tickets from Sept. 1, 2008, to July 1, when the law changed. It had levied more than $6.2 million in fines and collected $4.3 million.  Refund checks wouldn’t show up in mailboxes anytime soon. An appeal could take 18 months or more.

Orange County DUI Dismissed

August 9th, 2010 No comments

TILDEN LAW represents clients in Central Florida accused of DUI and Driving Under the Influence charges.  If you are facing a Orlando, Orange County or Seminole County DUI or Driving Under the Influence charge, call our office for a free case evaluation, 407 599-1234.

Recently, a client was arrested on charges of DUI and Leaving he Scene of an Accident (Hit and Run) in Orlando, Orange County, Florida.  The police report alleges that at about 12:00 a.m. our client drove into his apartment complex parking lot and struck two parked cars.  Damage was clearly done to his vehicle and allegedly done to the other vehicles.  Florida highway Patrol were called to investigage and ultimately arrested our client on charges of DUI causing damage and leaving the scene of an accident. DUI Breath tests were refused.

After filing Motions to Supress and having hearings, the case was set for trial.  At trial, TILDEN LAW petitioned the State Attorney for a dismissal which was granted.  All criminal charges were dismissed.

If you have been arrested or charged with a Orlando DUI or Seminole County DUI charges either Orange County, Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

DUI Breath Test Results

August 6th, 2010 No comments

TILDEN LAW represents clients in Central Florida accused of DUI and Driving Under the Influence charges.  If you are facing a Orlando, Orange County or Seminole County DUI or Driving Under the Influence charge, call our office for a free case evaluation, 407 599-1234.

In a nine-page order, a six-judge panel denied a request Tuesday to exclude breath-test results in 19 pending driving-under-the-influence cases. The deputy in charge of certifying breath-testing machines for the Sheriff’s Office had a valid permit to do so, the judges ruled.

Defense attorneys argued that Sgt. Edward Bowman’s permit to act as the inspector for the Volusia County sheriff’s three Intoxilyzer 8000 machines had expired. A paperwork error was to blame, they said. The lawyers said Bowman should have been retrained on the breath-testing equipment because he retired in 2003 and returned to the job five years later. Instead, Delgado argued, Bowman took a refresher course.  The judges finding was that Bowman’s permit to inspect the machines was invalid for just two months in 2008,

Bowman left his job in 2003 and was rehired in 2008. His permit, the court decided, became invalid July 1, 2008, but was good again after Sept. 29, 2008, because he completed a renewal course on the equipment, as required. Because each of the 19 pending cases was the result of arrests after that date, when the permits were good, the motion was denied.

If you have been arrested or charged with a Orlando DUI or Seminole County DUI chargen either Orange County, Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

Domestic Violence Battery Charges Dropped Against Mayor’s Wife

August 6th, 2010 No comments

TILDEN LAW represents clients in Central Florida accused of domestic violence charges.  If you are facing a Orlando domestic violence battery charge or a Seminole County Domestic related charge, call our office for a free case evaluation, 407 599-1234.

The Pinellas County State Attorney’s Office chose to drop the misdemeanor domestic battery charge against New Port Richey Mayor Scott McPherson’s wife, Kimberly McPherson who was arrested at Grille 54 in the early hours of July 26 on a simple domestic battery charge.  McPherson was accused of slapping her husband during an exchange between the two and a Pasco County deputy. Scott McPherson said during a City Council meeting Tuesday that the Pasco County Sheriff’s Office has opened a Professional Standards investigation of the arresting deputy.

Results from the sheriff’s office investigation are pending, and McPherson said he will reserve further comment until those deliberations have concluded.

If you or someone you know has een arrested or charged with a Battery or Domestic Violence charge in Orlando and are facing criminal prosecution for Domestic Violence in either Orange County, Seminole County, Florida,  contact the attorneys at TILDEN LAW for an initial and confidential free consultation, 407-599-1234.

Wife Tries to Run Over Husband During Domestic Violence

August 6th, 2010 No comments

TILDEN LAW represents clients in Central Florida accused of domestic violence charges.  If you are facing a Orlando domestic violence battery charge, call our office for a free case evaluation, 407 599-1234.

Police arrested Tracey McLaughlin on charges of aggravated assault with a deadly weapon without intent to kill and aggravated battery with a deadly weapon earlier today.  McLaughlin, 33 or Deland, is accused of attempting to run ehr husband over with her vehicle after a custody fight pertaining to their dog.  McLaughlin and her husband, Mark McLaughlin, 45, confronted each other about the dog Wednesday at 6:45 p.m. in front of their Palmetto Avenue home near DeLand, a sheriff’s incident report shows.

According to the report, Mark McLaughlin said their marriage is ending and he found Tracey McLaughlin at the home loading up her vehicle with personal possessions. Mark McLaughlin then saw his dog being taken and stood in front of the vehicle and questioned his wife.

During the heated argument, Tracey McLaughlin drove the vehicle toward her husband and hit him. She drove by three or four houses until her husband could “extricate himself from the vehicle,” the report states. Mark McLaughlin suffered a cut to his knee and refused medical attention, deputies said.

Tracey McLaughlin drove to her parents’ Deltona home where a deputy found her. She denied running over her husband, the report states.

If you or someone you know has een arrested or charged with a Battery or Domestic Violence charge in Orlando and are facing criminal prosecution for Domestic Violence in either Orange County, Seminole County, Florida,  contact the attorneys at TILDEN LAW for an initial and confidential free consultation, 407-599-1234.