Zimmerman Case – Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

Arrested for DUI in Miami

admin — Thu, 04 Aug 2016 00:00:00 +0000

Arrested for DUI in Miami

August 4, 2016 | By Parks & Braxton, PA

THE POLICE SEIZED MY CAR

Typically, the Florida Contraband Forfeiture Act applies to money as well as vehicles that were seized as a result of an arrest related to drugs. Certainly there are a variety of items that can be seized. However, recently I received a call from a client who had his vehicle seized as a result of an arrest for driving under the influence.

The question is, under what circumstances may an agency seize a vehicle as a result of arresting an intoxicated driver. When an individual is arrested for DUI, and that same individual has either three prior convictions for the same offense or has two prior DUI convictions and at least one of them occurred within the past ten years, the individual could be facing a felony. I use the term “could” because ultimately the State Attorney’s Office makes the ultimate decision whether to charge someone with a felony or a misdemeanor. Nonetheless, the Courts have concluded that the commission of a felony DUI fits within the definition of using a contraband article in the commission of a felony. As it relates to a DUI offense, there is a statute that makes the seizure of a vehicle lawful even under the circumstance when the individual is not facing a felony charge. Specifically, under Florida Statute 932.701(9)(a) as we as 322.34(9)(a) a motor vehicle that is being driven by a person under the influence of alcohol or drugs is subject to seizure if at the time of the offense, the person’s driver license is suspended or revoked as a result of a prior conviction for DUI. If this has happened to you, you should contact a DUI Lawyer in Miami, FL.

DUI LAWYER IN MIAMI, FL

Ultimately, the seizing agency must provide notice of the forfeiture. If the owner of the motor vehicle challenges the seizure, a hearing to determine probable cause will be held within ten days from the date of the objection. In certain circumstances, because of the value of the motor vehicle the forfeiture violates the Excessive Fines Clause of the Eighth Amendment. The question is whether the forfeiture of the motor vehicle was overly disproportionate to the maximum fine that can be imposed. For example, a case in Florida determined that it was in violation of the Excessive Fines Clause to allow the seizure of a vehicle that was worth $20,000.00 when the maximum fine was $5,000.00. Another Florida Court ruled that a vehicle seized as a result of a felony DUI did not violate the Excessive Fines Clause of the Eighth Amendment when the car was valued at $17,000.00 and the maximum fine was $5,000.00. Ultimately, under certain circumstances vehicles can lawfully be seized as a result of an arrest for DUI, if this happens its always best to consult with a DUI Lawyer in Miami, FL. If your property was seized as a result of a criminal violation, feel free to call Parks & Braxton at (305) 655 2900.

Categories: Zimmerman Case

Dui Arrest For Drugs Rather Than Alcohol

admin — Fri, 15 Jul 2016 00:00:00 +0000

PARKS & BRAXTON, PA GETS DUI MANSLAUGHTER CHARGE DROPPED

July 15, 2016 | By Parks & Braxton, PA

What is the Implication of a Urine Test in a DUI Case? Many times an officer concludes that a driver is impaired by drugs rather than alcohol. Florida law makes it illegal to drive a car while under the influence of a controlled substance listed under F.S. 893 or a chemical substance set forth in F.S. 877.111. If after arrest, an officer has reasonable cause to believe that the driver is under the influence of a controlled or chemical substance, the officer can request a urine sample. It is important to understand that while many controlled substances are prescribed, this is not a defense to the crime of driving under the influence. The following article discusses some of the issues that pertain to urine testing as it relates to an arrest for DUI in Florida. First, before an officer can request a urine sample, they are required to have reasonable cause to believe that the individual is not merely under the influence, but more specifically that they are under the influence of a controlled or chemical substance. There are a number of cases that address the issue of reasonable cause to request a urine sample. Many of the County Courts in Florida disagree with one another. Most cases involve a situation where the driver admits to consuming some type of controlled or chemical substance. Some DUI arrests involve a situation whereby drugs are actually found in the car. Those are circumstance where the Courts have found that a request for urine was lawful. On the other hand, the request for a urine sample simply because the person arrested was below the legal limit has often held to be unlawful. The general principle is that a urine test is not admissible until the prosecutor can prove that the officer had reasonable cause to believe that the person was under the influence of a controlled or chemical substance.

DUI FOR DRUGS

Second, the type of drug revealed in a urine sample plays a significant role in the defense of a person charged with DUI. For example, cannabis can last in a person’s system for approximately one month. Thus, without an admission by the defendant concerning when they last smoked, there is nobody who can testify that the person was impaired by the cannabis on the date of the arrest. Moreover, in a Florida DUI case, urine results only show whether a drug was positive or negative. Rarely if ever does a urine test reveal the level of a particular drug in the urine. Again, this makes it difficult to prove that a person was under the influence of a particular substance despite its presence in the urine screen. Ultimately, there are a variety of ways to attack drug testing as it relates to the charge of driving under the influence. If you have any questions, please feel free to call Parks & Braxton at (305) 655-2900.

Categories: Zimmerman Case