TILDEN LAW – Orlando Criminal Attorney

The Orange County State Attorney’s office dropped a DUI charge against D’Anne Leigh Mica, daughter of U.S. Rep. John Mica, after an Orange County judge granted a defense motion to suppress the woman’s initial stop by the police, according to court records and sources familiar with the case.

D’Anne Leigh Mica was arrested in early 2010 on a charge of driving under the influence after police said she was stopped with a blood-alcohol content more than twice the legal limit.  Mica’s Orlando defense attorney filed motions to suppress the stop of Mica’s vehicle based on the Maitland Police officer being outside his jurisdiction when he stopped her.  The basis for the stop was to “check on her well being.”  The defense successfully argued that there was in sufficient probable cause to follow the woman and make the stop. 

Specifically, the defense argued that police cannot leave their jurisdiction to “check” on people for a “well-being” check and therefore had no authority to stop Mica’s vehicle outside their jurisdiction.  

Prosecutors initially planned to appeal the ruling but last week decided to drop the case. A police report indicated that Mica, a 34-year-old public-relations executive, was driving east on Horatio Avenue early on Jan. 8 when her black SUV drifted back and forth.  An officer stopped her and asked if she was OK. He noticed the smell of alcohol on her breath and that her eyes were glassy and bloodshot, he wrote in the report.

Mica also reportedly failed two officer-administered breath tests, blowing a 0.192 percent and a 0.198 percent. The legal limit is 0.08 percent.

If you have been arrested or charged with a DUI in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, or if you have had your driver license suspended for a DUI, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

Our office was contactedI  by a former client to assist him in a Felony DUI charge out of Seminole County, Florida.  Our client had 3 prior DUI convictions and was facing mandatory jail and a mandatory lifetime driver license revocation.  In addition to the DUI charge, the State Attorney also charged driving on a suspended license and refusal to submit to a breath test.

Our client was alleged to have driven his vehicle in a manner consistent with impaired drivers.  He was ultimately stopped for weaving outside of his lane and stopping his vehicle in an intersection causing other vehicles to swerve to avoid a accident.  As part of the litigators, we recommended he enrol in counseling for alcohol addiction.  We filed pre trial motions and conducted depositions.  During the depositions, we were able to convince the arresting officer and State Attorney to reduce the Felony DUI to a misdemeanor reckless driving.  As a result, our client was not sentenced to jail/prison and avoided the DUI lifetime driver license revocation.

If you have been arrested or charged with a DUI in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, or if you have had your driver license suspended for a DUI, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

Orange County courts are currently offering a deferred prosecution program for some DUI cases.  This deferred prosecution program is called Orange County DUI Pre Trial Diversion.  There are also two tiers of Orange County DUI diversion based on the breath/blood test results or if there was a breath test refusal.  Tier one DUI Pre-Trial Diversion is for those DUI cases where the breath/blood averages to less than .15 and tier two DUI Pre Trial Diversion is for those cases where the individual either refuses the breath test or his/her average breath/blood results are .15 or greater. The primary benefit to such a program is, upon successful completion of its terms and conditions, the office of the State Attorney will file a dismissal of the DUI charge.  Unfortunately, the State Attorney’s office is very selective in their admission policy and only admit individuals whose case fits into its narrow parameters.    Some of the qualification criteria include:

1. Information received by the State Attorney indicates client is a good candidate to successfully complete and benefit from the program.
2. No prior alcohol related criminal offenses.
3. No accident alleged in the present case including single car accidents.
4. No more than one prior diversion program or two prior misdemeanor charges.  

At TILDEN LAW, we evaluate every client’s case to determine whether they are qualified for the DUI pre trial diversion program and whether there is a greater likelihood of dismissal through other means.  We work with both the Court/State Attorney and the PTD program coordinator to make our client’s entry and completion as smooth as possible.

If you have been arrested or charged with a DUI in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, or if you have had your driver license suspended for a DUI, contact the attorneys at TILDEN LAW  for an initial and confidential consultation, 407-599-1234.

DUI and drug offense charges were dismissed in a case against J. C. France, grandson of NASCAR founder Bill France Sr.  As a result, J. C. France has been reinstated by Grand-Am Road Racing to compete in Rolex Series road-racing events after a five-month suspension following his arrest last year.

Evidence was thrown out of the case against France and the DUI and drug possession charges were not pursued. All the evidence that Daytona Beach police piled up against France was thrown out because of a jurisdictional technicality.

France, 44, was arrested along with half brother Russell Van Richmond, 41, Oct. 8 by Daytona Beach police on charges of DUI and narcotics possession. The two men were pulled over after an officer saw them racing, then another officer saw France roll through a red light.

According to a police, France and Van Richmond were racing over the Seabreeze Bridge and Daytona Beach police stopped them. When police found both men, who were in separate cars and stopped in different places, they found cocaine on them, according to reports.

In an order earlier this month, Circuit Judge Patrick Kennedy said that France’s traffic infraction occurred within the city of Holly Hill and the officer who followed France made an “unlawful stop” of the vehicle because the officer was outside of his jurisdiction.

France won’t compete in this weekend’s Rolex Series event at Virginia International Raceway. He’s not expected to attend Saturday’s Bosch Engineering 250.

“Being out of the car was tough, not just for that race but since then, too,” France said. “Sometimes it takes losing something to understand its importance. I was getting a little ragged and needed a good kick in the butt; I got it.”

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

Sharon Wolfe faces charges of DUI and Leaving the Scene of a Crash causing damage (hit and run) stemming from a traffic incident this past Sunday, April 4, 2010.  Sharon Wolfe is the wife of Tavares Mayor, Robert Wolfe.  According to witness statements, Wolfe was driving a Chevrolet Camaro when her car veered off the roadway and struck a speed limit sign before she drove off from the scene.  Wolfe’s DUI charge is considered a higher level offense due to the accident.

Wolfe was later found by Tavares police asleep in the driver’s seat of the car parked in a handicapped space at Florida Hospital Waterman just before 5 a.m.   Police also found a bottle of Kahlua and Bailey’s Irish Cream liqueurs and several pills of the prescription sleep aid Ambien in the car. According to police reports, Wolfe had a blood-alcohol level between .072 and .073 percent. The legal limit in Florida is .08. However, police charged her with DUI because she told officers she drank the alcohol and took the medication.  Because her blood alcohol level was under Florida’s legal limit, Wolfe’s driver’s license will not be administratively suspended.

Florida law allows for DUI charges to be prosecuted by way of the “impairment theory” due to alcohol amounts reacting differently in individuals.  Wolfe was booked into the Lake County Jail and later released after posting $750 bail.

Orlando waitress and alleged Tiger Woods mistress, Mindy Lawton, is scheduled to stand trial on April 21, 2010 on allegations of Driving Under the Influence (DUI). Lawton, 33, is charged with Felony DUI causing injury based on allegations that she crashed into a vehicle stopped at a red light last August.

Orange Circuit Judge Alan Apte is scheduled to preside over the trial at the Orange County Courthouse in Orlando. Lawton is best known as one of the more than dozen women who stepped forward claiming a inappropriate affair with golfer Tiger Woods last year. Lawton who faces up to 5 years prison if convicted, is scheduled for jury selection and trial on April 12 at 8:30.

Marion County resident, Carlton Griggs, 81, was arrested Wednesday on accusations he was selling Marijuana from his home. Among the charges Griggs faces are Possession of Marijuana with Intent to sell and Possession of a Firearm without a serial number, both felony charges. 

 Griggs was arrested and taken to the Marion County Jail where he was released on bond Thursday.   Authorities say Griggs told them he had been selling marijuana for about two years from his Ocklawaha home, less than 20 miles southeast of Ocala. Authorities had found a gun in his car. The drugs were found in a cooler in his cellar.

If you have been arrested or charged with a Drug Crime or other criminal offense in the Orlando area and are facing criminal prosecution in either Orange County, Osceola County or Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

An unnamed veteran Altamonte Springs police officer has been suspended while under criminal investigation according to Altamonte Springs Police Chief Robert Merchant.  What is unknown at this time is both the identity of the officer and the nature of the criminal investigation.  At this time an outside agency is conducting the investigation, but Merchant declined to name the agency.

According to Merchant, the officer under investigation has more than 10 years experience with the agency and the conduct is related to “off-duty” activity.  The officer is suspended with pay until the outcome of the investigation. 

This investigation comes on the heels of other officers being investigated for wrongdoing.  Deputy Chief George Small is suspended with pay while he is under investigation in a case that reportedly involves ticket-fixing and Lt. Dale Picou is under investigation for losing a portable computer drive that contained information about the agency’s confidential informants. He was not suspended.  Also,Officer Ashley Rowe, 24, resigned earlier this year after the Florida Highway Patrol determined she was intoxicated when she was involved in a Dec. 15 crash that seriously injured a passenger in her car. She was off-duty at the time.

Officer Mark Maupin resigned in June as he faced termination for a November 30, 2008 crash in which investigators determined he was driving 104 mph in his patrol car when he crashed into the back of stopped car.

With the exception of Rowe, all of the officers who have gotten into trouble in recent months have been with the agency eight to 30 years, said Merchant.

Merdeith Witt, a former Oviedo High School special education teacher, entered a plea before Seminole County Judge Jerri Collins earlier today. Witt had been formally charged with 4 counts of serving alcohol to a person under 21 and one count open house party. Two of the individuals alleged to receive alcohol from Witt were her students.

According to law enforcement, Witt, 32, gave one of the students the keys to her vehicle which was later involved in an accident leading to the arrest of one of the teens who was driving. Witt resigned from her teaching position shortly after her arrest.

Witt was sentenced to 30 days Seminole County jail by the court and placed on years probation. During her sentencing, Judge Collins stated “We have to trust and have confidence in our teachers, and you violated that trust and that confidence. … We cannot accept this from teachers.”

Orange County law enforcement agencies teamed up for a multiagency DUI checkpoint in Ocoee Friday night.  The checkpoint accounted for nearly 20 Orange County DUI arrests with another 10 arrests on a variety of other criminal charges.  The DUI checkpoint was conducted from 9 p.m. Friday to 4 a.m. Saturday, March 13^th.

One motorist attempted to avoid the DUI checkpoint by accelerating to what officers described as a high rate of speed in an attempt to enter Florida’s Turnpike.  The driver was unsuccessful and ended up crashing his vehicle.  After a short foot chase, the driver was arrested and was later found to have almost three pounds of marijuana in his vehicle. 

About 150 personnel were on duty for the event, with volunteers from Mother’s Against Drunk Driving “MADD” and the Ocoee police union also providing support.

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