TILDEN LAW – Orlando Criminal Attorney

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.

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.

Beginning Friday, March 12, 2010, the Orange County Sheriff’s Office, the Orange County Community Safety Task Force, the Ocoee Police Department will be hosting a DUI checkpoint that night, from 9 p.m. Friday to 4 a.m. Saturday, March 13^th.

Information released by law enforcement agencies indicate that eastbound and westbound drivers will be stopped near 11953 West Colonial Drive. Ocoee and Orlando police, deputies and Florida Highway Patrol troopers will stop drivers in an attempt to remove suspected DUI offenders and other criminal traffic violators from the roadways.

Anyone stopped by police will be subject to a driver license check and possible arrest for suspended license offenses and outstanding warrants.

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.

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.