Judge Threatens PD in Court - Then "Beats his Ass"

Brevard County (FL) Judge John Murphy was relieved of duty by the Chief Judge after Murphy picked a fight with a Public Defender in his courtroom - and carried it out into the hallway.

The Public Defender must have gotten pretty deep under the judge's skin to get the judge to tell him (from the bench) that "If I had a rock, I would throw it at you right now!" But there's more:

"You know I'm the public defender. I have a right to be here and I have a right to stand and represent my client," The PD, Andrew Weinstock said in the video of the incident

"If you want to fight, let's go out back and I'll just beat your ass," Murphy tells Weinstock before the two head out of the courtroom.

 

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.

Texas Judge Resigns: Caught Texting Prosecutor During DUI Trial

The legal deck is stacked against defendants and defense lawyers in DUI cases, we all know that. These days, "presumed innocent until proven guilty beyond a reasonable doubt" is nothing more than a tag line at the end of COPS.

In DUI cases the prevailing prosecutorial mindset is that Defendants are guilty until the jury is tricked into a "not guilty" verdict. Plea bargains are squeezed out of defendants by prosecutors who load up on charges in order to get an agreement to plead guilty to DUI.

Recently, (former) Judge Elizabeth E. Coker of Texas signed an agreement with the State Commission on Judicial Conduct to resign. Among other things, the complaint alleged that Judge Coker texted the prosecutor about specific questions to ask during the trial and how to refresh the recollection of a police witness.

Her efforts to help prosecutors obtain a guilty verdict in the case were lost on the wisdom of the jury, who found the defendant "NOT GUILTY".

In a similar incident, former Texas prosecutor and judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man to prison for murder. As a prosecutor, Anderson had evidence that could have cleared him. Anderson withheld the evidence and secured a murder conviction against the defendant. The wrongfully convicted defendant served 25 years in prison while Anderson went on to become a judge.

Add incidents like this to prosecutors who tell police officers how to testify, or who withhold evidence from the defense and you see what we are up against day after day.

For over 30 years, Miami DUI Attorney Jonathan Blecher has been defending DUI cases with positive results for his clients. For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.

Lower Blood Alcohol Limits For Younger Drivers

The legal drinking age in the state of Florida is 21, so anyone under 21 may face charges of being a minor in possession of alcohol. In addition, if they are charged with driving under the influence, they may face serious consequences and additional charges.  While blood alcohol levels are set at .08 for most drivers to have their license suspended by FLDHSMV, the level set for drivers under the age of 21 is .02.

Blood alcohol levels

A DUI conviction for those under age 21, or at any age, will result in license suspension.  Additionally, if a driver under 21 has a blood alcohol level higher than .02 their license will be suspended for six months. Unfortunately, if a driver under 21 has a blood alcohol level that exceeds .08 they may also be facing jail time, steep fines and suspension of their license until they reach the age of 21.

Multiple convictions

When a driver under the age of 21 is convicted of more than one DUI they will face a minimum 12 month suspension of driving privileges. They may also face jail time of up to 12 months and fines of up to $4,000.

Possible additional charges

If a teen driver is stopped and is suspected of being under the influence, they may face other charges in addition to DUI.

• Distribution charges - if there were other minors in the vehicle who also consumed alcohol the driver may be charged with distributing alcohol to a minor
• Possession charges - the driver who is facing a DUI arrest may be charged with underage possession of alcohol
• Child Endangerment - drivers under 21 who have a blood alcohol level over .02 may face child endangerment violations.

Driving after drinking is never a good idea and the penalties for a first time conviction are serious regardless of your age. However, drivers under the age of 21 may face more harsh penalties and may also find it difficult or impossible to maintain insurance since many insurers will cancel policies or refuse to renew polices for those under 21 who are convicted.

Contact Our Firm Today!

When someone under 21 is charged with a DUI it is imperative that a Miami DUI attorney is contacted immediately. Not only is this driver looking at potential long-term loss of driving rights but they may be facing other charges that will require the expertise of an attorney who understands Florida's DUI laws.

For over 30 years and over 3,000 DUI  and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call our office for a free consultation at (305) 670-1800 or our mobile at (305) 321-3237. Visit us at www.duilaedefense.com.