A potential new DUI Law has been introduced in the Senate that would radically increase the number of DUI convictions and even require a jury convict people for a Drug DUI even when not under the influence of the Drug.
Senate Bill 1810 was introduced by Senator Wise on January 7, 2012, and was quickly referred to the Transportation committee. The Bill was set to be heard on January 26, but so far no other action has been taken. There is no companion bill in the House at this time. While it may not be a threat to pass today, it is worth looking at because it may become law tomorrow.

“Weaken or Diminish”

Here is the language from the Bill:

The first obvious change would be to define the word impairment in such a way as to denote a lower level than what is currently considered impairment. Currently, “impairment” is not defined in the Jury instructions. Prosecutors routinely argue that the smallest difference in your ability to perform any normal faculties is impairment. Criminal Defense Attorneys object, arguing it must be something “material”.
In Stave v. Shaw 783 So.2d 1097 (5th DCA 2001), the Appellate Court had this to say:

This is good language for the Defense. We always try to get a Jury instruction in based on this language. Rarely works, but at least you get the State in the position that what constitutes impairment is “for the jury”, so that the State is less likely to argue the issue of defining impairment at all.

“Balancing”

Also of note is the inclusion of the language of “balance, coordination, reflexes…” when defining what constitutes a person’s “mental or physical abilities”. Why? Well, currently normal faculties are defined as:
Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. From Florida Standard Jury Instruction on DUI

But as we all know, the arresting DUI officer is not interested in how our client normally performs his walk, judge distances, or acts in emergencies. Rather, he wants to see how he does abnormal things like walking a tight rope.

The language of balancing and coordination certainly seems to play more into the field sobriety exercises that the DUI officer will dutifully request and testify about. I would prefer to have that language if I was the prosecuting attorney.

“Controlled Substances Found in the Urine”

This one is the most troubling. Frankly, there is no way this would ever pass muster the way it is written. Anyway, the language is as follows:

WHAT?? Most Drug DUI cases in Florida are Urine Cases. In other words, the arresting officer suspects that a controlled substance is causing the DUI (or, the breath result is lower than a .08, so the arresting officer needs to find a different way to try to prove impairment), and requests that the suspect give his Urine. Compulsory blood cases are limited in availability via statute, and not cost effective enough to request to ask for a consent draw, so most of these cases tend to be Urine.
The problem with Urine results? They don’t measure what is influencing the individual. Urine results show what was once affecting the individual, and what is being eliminated currently.
The real problem with Urine results is that, depending on the substance, a marker can be found in the urine days or weeks after ingestion. For example, marijuana influences an individual for 4-6 hours after ingestion. But markers of the marijuana can be found in an individual weeks after ingesting the substance.
Consider the very real, very absurd result if an individual smokes marijuana on January 1st and then decides to drive again days or weeks later. If a metabolite or marker of the past marijuana use is found in his urine weeks later, he would be committing the crime of driving while impaired.

That is ridiculous.

While we will likely be spared of this poorly written bill this time around, it is no secret that DUI laws have become tougher and tougher through the years. That trend will continue. This law might very well be a reflection of the future state of Florida’s DUI law.

Operation 3D, the Hillsborough County Sheriff’s Office’s DUI enforcement program, will continue to be in full force and effect throughout the coming month.

Operation 3d is a selective, aggressive traffic enforcement program.  The members of the “team” utilize aggressive traffic enforcement to pull over and investigate possible DUI drivers.  An Operation 3D deputy will ride around on patrol at night and look for anyone on the roads that might be under the influence.  They will follow the driver until they witness a traffic infraction, or until they witness sufficient weaving or other driving patterns that might make the deputy “concern for the safety of the individual”.  They will then make a stop, and if needed, continue on with a DUI investigation.

The deputies in Operation 3d also make themselves available to regular traffic control deputies who might make a stop for an unrelated traffic violation and become suspicious that the drive may be impaired.  In those circumstances, they call in a DUI guy from Operation 3d who makes nothing but DUI arrests all day long.  Interestingly for a criminal defense lawyer, these guys get awards from MADD and other agencies based on the volume of arrests made in a given time period.

The Sheriff has posted on his website a list the “itinerary” for Operation 3d for the month of November.  Included in the itenerary are two checkpoints and multiple “high saturation” days.

To see the schedule, along with the dates of the checkpoints, click here .

Deb Lafave, originally ordered to serve ten years of probation, had her probation terminated after just seven years in a Hillsborough Court on September 22, 2011. A Tampa Criminal Lawyer brought the motion before Judge Timmerman a Hillsborough County Circuit Judge.  The State Attorney objected to the termination of probation, and even asked the Judge to stay his ruling while the State appealed the decision. The Judge denied the request, and Ms.  Lafave is unsupervised for the first time in seven years.

State Attorney is Appealing ?

The prosecutor, Mike Sincacore of the Hillsborough County State Attorney’s Office, argued that the Judge did not have the authority to terminate the probation early because Ms. Lafave agreed to “no early termination of probation” as a condition of her original plea deal. Ms. Lafave did not go to trial; her tampa criminal attorney brokered a deal between Ms. Lafave and the State Atttorneys office to resolve the matter for a lengthy probationary sentence. The prosecutor is correct that the court’s analyze issues with a plea deal as if it was a contract. So, for example, if you work out a plea bargain but then want to get out of the plea bargain later, then you will need to show that you either entered into the agreement involuntarily, or just did not know what you were doing because of drugs or mental illness. So the prosecutors positions is simple: She entered into a contract, and she cannot, and the Judge cannot, alter the terms of the contract later.

The Judges view: The Law says I Can do it regardless

Judge Timmerman had a different take on the situation, and one that is support by case law and statute. The Judge invoked Florida Statute that states: “a trial judge is not empowered to prevent the circuit court in the future from exercising its authority to discharge a probationer. § 948.05, Fla. Stat. (1991). That would mean that a probationary term that was ordered by a trial Judge would be illegal and thus, impermissable, if it later attempted to deprive another Judge from discharging a probationer later.Judge Timmerma’s position also seems to be support by case law from the Second District court of Appeals (the same District that the prosecutor will be appealing to). In Jones v. State, 666 So.2d 191 (2 DCA), the court ruled:

Although the intention of this condition may have been to proscribe termination before completion of a sex offender program, it appears calculated to divest the Department of Corrections of its authority to recommend early termination of probation. § 948.04(3), Fla. Stat. (1993). This is impermissible.  id.

Now,  one can’t tell by reading the case whether the condition was ordered by a trial judge at sentencing or if it was brokered via plea agreement.  But then again, it may not really matter;  any plea agreement entered between the defendant and the State must still be accepted by the Judge and still be a legal sentence.  Thats because the Judge orders the sentence, not the State Attorney or the Defendant.  And that sentence ordered must still be a legal sentence, and abide by the rules of the State. And looking at the law, it would seem to be clear:  The Judge has the authority to discharge a probationer if he so chooses, regardless of the original plea agreement entered into by a defendant, his or her tampa criminal lawyer, and the State Attorney.

One way to avoid the high costs and penalties of a DUI conviction is to get the charge reduced to reckless driving. Whether or not to reduce a charge has nothing to do with the Judge, it is between your criminal dui attorney and the State Attorney. Regarding your chances for a reduction to a reckless driving, consider the following.

• State Attorneys want to win at trial. Or more accurately, they do not want to lose at trial, and
• State Attorneys want convictions, all things else being equal.
• State Attorney’s consider the clients past history during negotiations.

If the State Attorney loses at trial, he will also lose his conviction. If the prosecutor fears the possibility of losing your case at trial, then he will be more willing to negotiate a good deal.

Accordingly, it is important the you choose a Tampa DUI Attorney with the reputation of actually going to trial. If the State Attorney knows the dui lawyer does not go to trial, then the State will less fearful of actually losing at trial, and will be less likely to negotiate a favorable deal. Sometimes the threat of going to trial is enough of a bargaining chip to secure the reckless driving reduction you need.

Likewise, if the prosecutor is concerned that he will lose a motion to suppress or a motion to dismiss, he will be more likely to negotiate a reduction of the charge. Losing the motion could mean the prosecutor loses the case, and his conviction.

Finally, remember that a client’s past is an important factor in the State’s decision to reduce the case. If the client has been convicted multiple times before for other DUI charges, the State Attorney is more likely to roll the dice and take his chances at trial.

Contact a DUI Attorney in The Tampa Area Today

If you have been charged with DUI and are seeking a reckless driving reduction, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to an attorney.

For many people, the potential loss of their ability to drive is their most immediate concern following a DUI arrest. If the arrested driver refused to submit to the officer’s tests, or if his blood alcohol results were over the .08 limit, then his license will be suspended ten days after the arrest. This is considered an administrative suspension by the department of motor vehicles; it has nothing to do with the criminal case. Even if the driver’s Tampa DUI Attorney can ultimately win his criminal case tomorrow, he will have his license suspended today if he does not request a formal review hearing and contest the suspension within ten days of his DUI Arrest.

A DUI attorney can keep the driver on the road after the ten days expire. The DUI attorney can request a formal review hearing with the local bureau of administrative review. IF the Tampa DUI Lawyer wins the formal review, then the license suspension will be invalidated. The formal review usually takes 3-4 weeks to be calendared and to be heard. In the meantime, the attorney can get a temporary permit to keep the driver on the road for 42 more days. So, at the very least, the formal review hearing can keep the driver on the road long enough to plan alternative transportation when his license is finally suspended.

In preparation for the formal review hearing, the attorney gets the “packet” of police reports and affidavits from the driver’s license bureau. If he discovers upon reviewing the packet that the arresting officer made a legal mistake in handling the DUI arrest, the attorney may decide not subpoena the officer, and argue the results in the “packet” at the formal review hearing. If the administrative review hearing official agrees, the attorney may be able to get the administrative drivers license suspension tossed out. In that case, the driver would immediately receive his full unrestricted license back.

However, if the officer did everything by the book, crossed his T’s and dotted his eyes, then the attorney may choose to subpoena the officer for the hearing. If the officer shows up, a Driving Under the Influence attorney in Tampa can use this valuable time to get information from the officer to build his defense on the criminal charge. If the officer does not show up, the DUI attorney can ask that the DMV reinstate his client’s driver’s license.

Of course, if the driver goes to see his attorney 11 days after his DUI arrest, a request for a formal review would be untimely, and deemed waived. That means on day 11, the drivers license suspension would be in effect.

Contact a Criminal Attorney Today

If you have been arrested or charged with DUI and your licenses suspended, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to a DUI attorney.

“Leverage is having something the other guy wants. Or better yet needs. Or best of all, simply cannot do without.”

- Donald Trump

We consider ourselves Trial Attorneys first and foremost. However, we realize that the majority of our clients do not ultimately want to go to a trial. Rather, they want to get the best deal they can get, if not get their cases dismissed.

Leverage and bargaining power are key when it comes to working out the best possible resolution. Having a client with minimal or no criminal history is helpful. Having an excellent working relationship with the prosecutors is also important. And our Criminal Attorneys do. Leverage, however, is the most important factor in working out an excellent deal on behalf of our clients. Having the reputation of being a trial attorney and the willingness to litigate a case in the courtroom provides our Attorneys with the leverage to get favorable results for our clients even when the client does not wish to go to trial.

Ultimately, the State Attorney wishes to get a conviction on our client’s case, if at all possible. The State Attorney does not want to waste the resources and time necessary to go to trial if he thinks he may ultimately lose the case. He risks losing the conviction, and wasting the State’s limited resources in the process.

If a Tampa Criminal Attorney has the reputation of being a “mill”, as a person who will plea all of his clients but never go to trial, then he will not get the best deal possible for his clients. That is because the State Attorney knows that criminal attorney will fold before trial. If the attorney does not present the State Attorney with the threat of litigating the case, going to trial, and potentially losing, then that criminal attorney does not have any leverage.

A Criminal Lawyer at our firm has developed the reputation of being an aggressive trial litigator. We are willing to file and litigate motions, take depositions, and hire experts when necessary to get our clients the resolution they deserve. Are tenacious approach to litigation and willingness to fight the battle in court gives us the bargaining power to negotiate a favorable deal.

Back to DUI Defenses

Sugar Shane Mosley has recently Divorced his wife Jin. In the divorce settlement agreement, Jin has won three of Sugar Shane Mosley’s Championship belts. The settlement agreement states that “shall maintain custody and control of three championship belts for each of the respective parties’ three minor children.”  It further states that each of these kids get a championship belt when they turn 18 years old.

In addition, the divorce settlement explains that  Jin, his ex-wife, will get half of his cut in profits from all videotapes and DVDs of his big fights, including bouts the bouts with professional boxer Oscar De La Hoya, Miguel Cotto and Fernando Vargas.

Since the divorce was filed in California and community property rules apply, Jin will get half of Sugar Shane Mosley’s fight purses  he earned during their marriage. However, his big fight against Manny Pacquiao took place after the couple had separated, so the $3 million is his, without the need to share with Jin.

Sugar Shane Mosley had an unfortunate Divorce settlement, if you are in need of a Tampa Divorce Attorney for Men, Attorney Christian Denmon is here to assist you with your Tampa Divorce case. Be sure to call Denmon Law Group today at 813-554-3232.

Many people throughout Japan have always looked forward to starting a life with their loved one. Taking the plunge into a lifetime of happiness , and building a family. However, now since the Tsunami that struck the Island nation, celebrations have not been marriage centered, yet divorce centered. People are getting divorced at an alarming rate since the devastation that took place months ago.

These divorces are celebrated by taking rigshaws in opposite directions, and making a symbolic split. This differs vastly from the marriage ceremony which all the symbolic nature revolves around  the union of two people. These parties will divide the once sacred union of marriage and celebrates new beginnings!

Divorces in Japan have been up by nearly 300 percent since the Tsunami of 2011. This can be blamed upon 2 major factors, the economic losses caused by the damage as well as a reassessment of the marriage through loss. The divorce rate as of late, has shocked and alarmed authorities. Japan typically has a rather low divorce rate. In fact, the Japenese divorce rate has statistically been less than half that of the U.S.

This new facisination with Divorce celebrations allow the families affected by the divorces to cope with changes in family structure, lifestyle and social stigma’s associated with such a situation. The idea of Divorce Celebrations is still a new concept in Japan, as Aoyama Tsuyoshi, a guest at a recent divorce ceremony, said, “I thought it was a joke when I first received the invitation.”

Many Divorces are caused by the realization that after the Tsunami, Japenses men were calling mother’s and lovers before calling the wives to see if they were ok!

If you are in Tampa , Florida and need a Tampa Divorce Attorney, Call Denmon Law Group today. We are located at 918 W Kennedy Blvd. , Tampa, Fl, 33606 ,call us at 813-554-3232.

A Tampa Man, Freddie Honaker , age 64, pulled out a gun and shot his brother in the upper leg. This occurred after an argument with his brother. Than Freddie shot himself in the head Sunday night.

The shooting occurred at 10020 Wilder Ave. just after 11pm last night, this was according to a news release from the Hillsborough County Sheriff’s Office.

Roger Honaker, 62, was violently shot in his leg and taken to Tampa General Hospital. Freddie Honaker  who shot himself in his head, is in critical condition, and is also located at at Tampa General Hospital.

As a Tampa Criminal Lawyer, it is rare to see a family member become so violent with a sibling. It is sad to see such violence. However, if Freddie recovers from his injuries, he may be punished by Florida’s 10-20-Life law.

The 10-20-Life law states that:

10 years in prison for certain felonies, or attempted felonies, in which the offender possesses a firearm or destructive device;
2. 20 years in prison if the firearm is discharged; and
3. 25 years to Life in prison if someone is injured or killed.

Freddie could possibly be looking at 25 years to life!

Mark Grace was driving at 1AM in his Jaguar when he began to weave in and out of his lane.  According to the police report Mark Grace admitted to consuming two alcoholic beverages ( Macallan Scotch). The police officer also stated that his eyes were bloodshot red.  Mark Grace had his blood drawn to determine his BAC levels.

Mark Grace was a MLB baseball player for over 16 years. He played first base and collected 4 golden gloves in his career. He played for the Chicago Cubs and the Arizona Diamondbacks.

According to law, if the driver has a BAC over .08 they will be considered Driving under the Influence. He was also cited with having made an improper right turn upon arrest. IF you are in need of a Tampa DUI Attorney, we have the Attorney’s for your case.

As a Tampa DUI Attorney, I see this happen all too often. If you are in Tampa , Clearwater,  New Port Richey, Brandon, Valrico, Lutz,Wesley Chapel, Plant City or Hernando County ; Call Denmon Law at 813-554-3232 to schedule a free DUI consultation.