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Posts Tagged ‘DUI’

DUI Breath Test Results

August 6th, 2010 Orlando Attorney 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.

Seminole County DUI Attorney: Seminole County 4th DUI Reduced

May 17th, 2010 Orlando Attorney No comments

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.

Wife of Tavares Mayor Arrested on DUI Charge

April 7th, 2010 Orlando Attorney No comments

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.

Orange County DUI Checkpoint Nets DUI Arrests

March 13th, 2010 Orlando Attorney No comments

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 13th.

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.

Orlando DUI: Former Altamonte Police Officer Faces DUI Charge

February 13th, 2010 Orlando Attorney No comments

Former Altamonte Springs Police officer, Ashley Rowe, faces charges in Orange County of Felony DUI and careless driving stemming from a crash she was involved in on December 15, 2009. 

Rowe, 24, was driving on Lotus Landing near Gateway Drive just before 3 a.m. when she lost control of her 2002 Chevrolet and hit a tree, state troopers said. Rowe suffered minor injuries, but her 28-year-old passenger, Michael Kroohs of Altamonte Springs, was seriously hurt.

According to police reports, blood tests results taken from Rowe as part of hospital medical treatment showed she was intoxicated when she was involved in a crash while off-duty.  In Florida, the legal limit for blood alcohol level is 0.08.  Blood test results showed her blood-alcohol level was 0.15, nearly double the legal limit.

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.

Orlando DUI License Suspension Overturned

October 7th, 2009 Orlando Attorney No comments

A few weeks ago, Tilden Law was contacted by a client who had been arrested in Orlando on a DUI charge that resulted in her driver license being suspended for refusing to take the breath test.  According to the police report, our client was accused of weaving within her own lane of travel and with having a tail light out.  Once stopped by police, the officer noted a smell of alcohol and requested she participate in Field Sobriety Exercises.  As a result of her performance, the officer arrested and charged our client with DUI.  At the breath testing facility, our client refused to provide a breath sample after being read implied consent.  The result of her refusal was a one (1) year driver license suspension. 

Attorney, N. Fleetwood Tilden, filed for a Formal Review Hearing on behalf of our client to challenge the suspension of her license.  At the hearing, Mr. Tilden cross examined the arresting officer and determined that several errors were made in both the preparation and filing of the documents by the officer.  Mr. Tilden motioned the hearing officer to invalidate the suspension of our client’s driver license which was granted.  As a result, our client now has her full driver license reinstated without cost or penalty.

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.

Nude Motorcyclist arrested for DUI

September 17th, 2009 Orlando Attorney No comments

Captain Mike Rolls of the Marion County Sheriff’s department couldn’t believe his eyes in the early morning hours of September 15, 2009.  Rolls was on patrol traveling eastbound on State Road 200 near Interstate 75 when he saw the strange sight driving westbound toward the interstate’s northbound on-ramp.  A motorcyclist who just passed him wasn’t wearing any clothes.

The driver, Dante J. Krauss, 45, of Dunnellon, whose arrest record includes four prior DUI convictions and a 10 year driver license revocation, bonded out of the Marion County Jail later the same day.  According to the arrest report, Krauss admitted to drinking and stated that the last thing he remembered was going to Hooters.

Krauss was given a shirt, courtesy of a nearby hotel, and his lower body was covered with a shawl that had been on the handlebars of the motorcycle.

A field sobriety exercise was performed, and Krauss reportedly failed, at which time he was taken to the Marion County Jail. During a breath test, he reportedly registered a blood-alcohol content of 0.178 and 0.162. The state’s legal limit is 0.08.

If you have been arrested and charged with a DUI in Orange County or Seminole County, Florida, contact the DUI defense firm of Tilden Law for a free case evaluation.

Florida Driver License Fees Increase In 2009

August 25th, 2009 Orlando Attorney No comments

Beginning September 1, 2009, certain fees for driver license and motor vehicle services will be changing. These new base fees were established by the Florida Legislature as part of the state’s budget development process.

A combination of vehicle information is used to determine registration fees. They are the registration use, license plate type and class code. The class code is determined by the vehicle weight, body type, vehicle type and registration use.

Customers will be notified of the new fees that are applicable to them via the renewal reminders that they will receive in the mail or at their local offices.

Drivers License Fees:

Fee Type                                                                     New Fee Amounts

Original Class E                                                                      $48.00

Original/Renewal CDL                                                             $75.00

Renewal Class E                                                                     $48.00

Replacement License                                                              $25.00

Delinquent Fee                                                                        $15.00

Knowledge Retest                                                                   $10.00

Skill Retest                                                                               $20.00

ID Cards (Original, Renewal, & Replacement)                          $25.00

Reinstatement Fees                                                                 $45.00-$130.00

Tax Collector Service Fee                                                         $6.25

Filing Fee for Hardship Hearing                                                $12.00

Filing Fee for Formal/Informal Review                                       $25.00

 

                                    Motor Vehicle Registration Fee:

 

License Taxes-Motorcycles                                                     $13.50

Automobiles-based on weight                                               $19.50-$44.00

Trucks-based on weight                                                         $19.50-$44.00

Heavy Trucks-based on weight                                              $60.75-$1,322.00

Specialty/Personalized Processing Fee                                   $5.00

Florida Real Time Vehicle Information Fee                               $1.25

General Revenue/ DJJ Surcharge                                            $5.50

Registration Service Charge Fees                                           $5.00

Automated vending or printer dispenser machine service fee                                                                                                                                                          (License Plate validation; Vessel or Mobile Home Sticker       $3.00

Advanced RPL Fee                                                                   $2.80

Retro reflective Material Fee                                                    $1.50

Original/ Replacement License Plate Fee                                 $28.00

Initial Registration Fee                                                            $225.00

 

                                    Motor Vehicle Title Fees:

 

Original/Duplicate                                                                   $70.00

Fast Title                                                                                 $10.00

For-Hire Vehicle Title                                                               $49.00

Delinquent Title Fee                                                                $20.00

Re-Inspection Fee                                                                   $20.00

Service Fee for Paper Title                                                       $2.50

 

                                    Record/Publication Fees:

 

Crash Reports                                                                         $10.00

Driver History Records(DDL)                                                    $8.00-$10.00

If you need assistance regaining your Florida Driver License, contact the attorney’s at Tilden Law for a free initial consultation to understand your rights, 407-599-1234.

State Fee Hike as Legislature Announces Budget

August 25th, 2009 Orlando Attorney No comments

The DUI Administrative fee will rise by $15 to $130. The Florida Department of Highway Safety and Motor Vehicles will charge a significantly higher fee to reinstate a driver’s license – jumping from $12.50 to $60.

 A driver’s license might need to be reinstated due to unpaid parking tickets, a breath test refusal, a DUI arrest or conviction, or for other reasons, says Fort Lauderdale DUI lawyer William Moore.

 A replacement driver’s license jumped markedly in price, from just $10 to $25. For people convicted of DUI or people serving probation with certain conditions, an additional $12 fee will now apply for the installation of ignition interlock devices, which require breath samples with very low or no levels of alcohol to start or continue operating a motor vehicle.

If you have been charged with a DUI in Orange County or Seminole County, Florida, please contact the experienced criminal defense lawyers at Tilden Law for a free initial consultation.

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Sheriff’s Deputy cut corners during investigation of DUI/drunk driving in Florida

August 20th, 2009 Orlando Attorney No comments

Prosecutors in Polk County have dropped charges against 54 defendants accused of driving under the influence in Florida. The reasons stem from a sheriff’s deputy taking shortcuts in preparing DUI arrest reports and conducting tests to determine blood alcohol content.

Deputy Tex Thomas joined the Polk County Sheriff’s Office last year and made 124 arrests for suspicion of DUI in FL. In a court deposition for a drunk driving case, Thomas admitted to clearing just the top portion of an arrest report and reusing words from a previous arrest. The use of such a template, rather than writing specific details and observations unique to an arrest, is a violation of procedure. In one case, he inadvertently left in the name of the previous suspect’s last name. Thomas also admitted to not properly observing a 20 minute period of direct observation before conducting a breath test to ensure that the suspect did not belch, vomit or ingest something that could affect the accuracy of the test. He would include the drive time from the point of the traffic stop to the testing facility as part of the intended face-to-face window of observation.

Prosecutors felt the shortcuts jeopardized the DUI cases and they elected not to file official charges against 50 defendants and dropped four other charges. Those arrests were made between October 2008 and early July 2009.

Thomas, 27, has not been disciplined though there is an ongoing internal investigation. While he has been reassigned from targeted DUI enforcement to general patrol, he is still able to initiate traffic stops for suspected Florida DUI.

If you have been charged with a DUI in Orange County or Seminole County, Florida, please contact the experienced criminal defense lawyers at Tilden Law for a free initial consultation, 407-599-1234.