Former Marlins Pitcher Faces DUI & Child Abuse Charges

CUTLER BAY, Fla. – On Thursday, Dec. 10, former Florida Marlins pitcher Hansel Izquierdo was arrestedon several charges, including driving under the influence and child abuse, CBS Miami reported.

According to police, at first Izquierdo was observed trying to avoid a road detour, so he drove into an oncoming lane. Then, he was seen swerving as he continued driving near Old Cutler Road and Southwest 92nd Avenue, according to the arrest report.

Once he was pulled over, Izquierdo allegedly switched seats with a woman and denied that he was driving at all. In the car with Izquierdo and his female passenger were three young children, one of which was laying on the laps of two of the brothers in the back seat, and not properly secured in a seat belt.

The arresting officer said that Izquierdo’s breath smelled like alcohol, his speech was slurred, and his eyes were glassy. After the officer spoke to Izquierdo, he was put under arrest and placed into police custody.

Izquierdo played briefly for the Florida Marlins. In 1995, he was drafted in the 7th round and played one season with the team. His baseball career ended in 2005, after spending his final days playing for the Pittsburgh Pirates.

In some states, if an individual drives under the influence with a minor in the vehicle, he or she may be charged with child endangerment. In Florida, this situation may result in "child abuse" charges.

If you are caught driving under the influence of drugs or alcohol in Florida with minors in the vehicle, you could be charged with child abuse under Sec. 827.03 of the Florida Statutes.

Under Florida law, child abuse is defined as the intentional infliction of mental or physical injury upon a child, or it is an “intentional act” that could reasonably expected to result in physical or mental injury to a child.

In Izquierdo’s case, the act of drunk driving could be expected to cause physical injury upon a child, especially if he were to be involved in a DUI crash.

In Florida DUI cases where a child is not actually harmed by a drunk driving incident, the driver is typically charged with a third degree felony, punishable by 5 years in prison and a fine not to exceed $5,000 (for child abuse).

Additionally, having minors in the vehicle will bar Izquierdo's referral to any first offender diversion program, such as the Back on Track Miami Program. 

Arrested for drunk driving in Miami? Call Jonathan Blecher, P.A.to speak with one of Miami’s top-rated DUI defense attorneys for free!

‘Fair DUI’ Creator in Cuffs at a DUI Checkpoint

Almost everyone has heard about the Boca Raton attorney who came up with a controversial method for getting out of a DUI checkpoint. Attorney Warren Redlich is the one whose technique requires that drivers do not lower their window or speak to officers at a DUI checkpoint.

He recently tried out his technique in Coral Gables and wound up in handcuffs.

Earlier this year, Redlich’s method for avoiding a DUI checkpoint was all over the news. Per his method, instead of rolling down your windows, you press a card to your driver’s side window that reads, “I remain silent, no searches,” and you show your license and registration through the window.

But when Redlich tried it in Coral Gables, he was repeatedly warned by the officer. The police weren’t going to accept the documents through the glass technique. A camera captured the officer opening the door and handcuffing Redlich.

Redlich said that they think he’s required to roll down the window and hand over his license and he thinks he’s not required by law to do that, he told CBS4.

To Redlich, DUI checkpoints are a waste of time. He calls them ineffective and says they’re publicity stunts. They don’t work, he told CBS4’s David Sutta in an interview.

Redlich also believes that DUI checkpoints violate people’s 4th Amendment protections against unlawful searches.

Redlich Wanted to Make an Example of Coral Gables

According to Redlich, he didn’t end up in Coral Gables that evening by chance, he deliberately went there to make an example out of Coral Gables.

After Redlich’s “Fair DUI” made the headlines, Coral Gables attorneys took a closer look. They adopted a policy that according to Redlich, was more extreme than anything he’d seen before.

If a driver refuses to open their window at a checkpoint, they could get arrested. The penalty is usually a ticket for a non-moving violation.

That night in Coral Gables, Redlich was handcuffed for three hours. He says he’s confident that he’s right and they are wrong. In the end the officers let him go. He was ticketed for failing to show his driver’s license.

Coral Gables City Attorney Craig Leen told CBS4 that the officer has discretion, and that Redlich could still be charged with obstruction of justice. Leen called the situation sad and said that he’s playing a game, that he’s not here for any purpose but to obstruct a DUI checkpoint and that, he said, is wrong.

As Redlich considers taking his argument to federal court, the city is ready to fight back. Leen said that he will defend his view and they will prevail.

If you were arrested for DUI, contact my firm to get your legal questions answered by an experienced Miami DUI attorney who is a former prosecutor. 

What Determines How High the Fine Will Be in a DUI Case?

If you are worried that you might be convicted of a DUI after having been arrested curbside, you are probably concerned with your freedoms, first and foremost. You could lose days or months behind bars and you might not be able to operate your vehicle at all for quite some time. Something that many people facing DUI convictions overlook is how it will impact their pocketbook.

The financial penalties of a DUI is going to change from case to case, and it is nearly a guarantee that you will be fined an amount greater than the state’s minimum, with additional assessments for court costs and administrative fees. There are maximum amounts in place, though, that are supposed to ensure that you are not fined excessively or unreasonably. With that said, fines can be considered punitive – meant to punish you for breaking the law. They are, therefore, flexible and might even exceed the “maximum.”

Four factors that are considered when determining your DUI fines are:

• Prior driving infractions on your record
• BAC level at the time of the arrest
• Minors in or near your vehicle
• Accidents or injuries caused

It becomes readily clear that fines will traditionally increase as other punishments for your DUI increase. If you are sentenced with longer jail time or a complete license revocation, the court will probably not bat an eye at taking another thousand dollars or so from you as well.

Hidden Costs and Damaging Fees

To believe that you will only be paying punitive fines for your DUI is folly. Anything that requires payment and has originated due to your DUI arrest is going to be paid for out of your pocket. The obvious costs are those related to the court and attorney fees. But have you considered the money you will have to spend if you need to reinstate your license? The DMV can take hundreds just for that.

More expensive still are Ignition Interlock Devices (IID) that are sometimes mandatory after a DUI conviction. Not only will you have to pay to have it installed and eventually removed, you will be taxed monthly just for having the device in your car. Think of it as a safety deposit without any chance of reimbursement.

If you are facing DUI fines that you believe do not reflect the severity of your alleged crime, you need to contact me, Attorney Jonathan Blecher, and my firm today. Together, we can begin to build a defensive case that keeps your best interests – and your wallet – in mind.

Miami DUI Checkpoints

DUI checkpoints, also called “sobriety checkpoints” are locations where law enforcement officers set up to check drivers for signs of driving under the influence of alcohol or drugs. Across the United States, many jurisdictions use DUI checkpoints as a part their anti-drunk driving campaign.

Are DUI checkpoints legal?

Due to the fact that there are many legal issues surrounding their use, not all states conduct DUI checkpoints, however, Florida, along with 37 other states and the District of Columbia, the Virgin Islands, and the Northern Mariana Islands authorize their use.

According to the Governors Highway Safety Association®, Florida conducts between 15 and 20 sobriety checkpoints each month, and they are upheld under the federal Constitution.

About Sobriety Checkpoints

DUI checkpoints come in two forms: strategic/small-scale and saturation/large-scale. The difference between the two generally comes down to staffing levels and personnel. For example, a large-scale effort may use a dozen or more officers, while a small scale checkpoint only uses three to five officers.

Large-scale checkpoints are labor-intensive, and many agencies don’t have the personnel to staff such a checkpoint. Small or large-scale, all checkpoints must be conducted using the same guidelines.

Site Selection

A properly conducted checkpoint is planned well in advance to ensure that it meets the legal requirements. If a checkpoint is unregulated, it can be ruled unconstitutional or illegal by the courts.

In fact, when law enforcement officers have deviated from the acceptable procedures, such departures have been used as evidence against law enforcement in the courts.

Site selection includes:

• A site with a high incidence of impaired driving crashes or fatalities.
• Selecting a site that protects the public’s safety.
• Ensuring that the checkpoint can be seen from a far distance.
• Ensuring that drivers would have plenty of time to stop if traffic is backed up.
• Selecting a site where the officers and volunteers won’t be unsafe.
• Select a site with ample shoulder space for detained motorists.

If a law enforcement officer suspects that a driver is impaired by another substance other than alcohol, a Drug Recognition Expert (DRE) should be called to the scene to assist, otherwise the officer should follow normal departmental procedures for drivers under the influence of drugs. Contact my firm for a free case evaluation with a hard-hitting Miami DUI attorney!

Can You Turn Away From a Sobriety Checkpoint?

You’re driving home after having a few drinks with friends and you notice something that no driver ever enjoys seeing – a sobriety checkpoint. Is it worth the risk of going through the checkpoint when you know there is some alcohol in your system, considering many people are arrested at sobriety checkpoints despite low breath alcohol levels? Or, should you take a chance and make a U-turn before getting any closer? Well, it depends on your circumstances.

Police officers take these checkpoints seriously and implement them to prevent drunk driving. They are constitutionally permissible, provided the police follow strict guidelines. While they are common after major holidays and events, a sobriety checkpoint can pop up at any time. Keep reading to learn how to handle your next checkpoint and what could happen if you try to avoid it.

What happens if I decide to turn away?

Most checkpoints implement a “chase” car strategy. This means that one officer is responsible for chasing down drivers who turn away from the checkpoint. This goes for drivers who make a U-turn, turn onto a street before the checkpoint, or reverse away from the checkpoint. Police look for a reason to pull you over, so be careful.

If you turn away, it is important to ensure that your driving is legal. Check for signs banning U-turns, double yellow lines, single lanes, oncoming traffic or kicking up a rock or two on the turn. Breaking a traffic law gives an officer a reason to pull you over and use the driving pattern as probable cause for a DUI arrest.

You should also note that turning away from a checkpoint can make an officer suspicious. They may assume that your choice not to go through the checkpoint implies that you are driving drunk and choose to briefly detain you for further questioning.

So while turning away from a sobriety checkpoint is not illegal, it is a matter of weighing the risks. You may go through the checkpoint and not be stopped, or your blood alcohol content could be below the legal limit. Or you could turn away and get arrested for breaking a law. In the end, it is a matter of being wise about your decision.

If you do get arrested at a sobriety checkpoint, my firm is here for you. I have more than 30 years of experience as a Miami DUI attorney and can fight to protect your rights. Call today for a free consultation!