Alternative Sentences for DUI in Miami

As a resident of Florida, you’re likely well-aware that Florida has a reputation for being harsh on crime and DUI is no exception. If the prosecutor has a strong case against you, you may be nervous about spending up to six months of your life behind bars – and that’s only for a first DUI offense without any aggravating factors.

As a Miami DUI attorney, my primary goal is to get my clients’ charges dismissed. However, if the odds are against a client, I aim for more favorable alternatives to a jail sentence.

Under special circumstances, a DUI defendant has sentencing alternatives available in lieu of jail; if this is possible, I do everything within my power to pursue one of these options.

In Florida, most DUIconvictions involve a period of incarceration, whether it’s for a misdemeanor or felony DUI. For example, a first DUI is punishable by up to six months in jail, a second DUI is punishable up to 9 months in jail, and for a third DUI, the jail sentence can be as long as 12 months.

Alternatives to Jail

If you’re like most people I work with, you simply can’t afford to go to jail. That is especially the case if you’re employed or have a family to support. In short, most people can’t afford an extended interruption in their income, and such absences put their jobs at stake.

Under Sec. 316.193(6)(k) of the Florida Statutes, judges have the discretion to order alternative sentences, such as a residential drug abuse treatment program or a residential alcoholism treatment program, and the court must credit the time served towards jail time.

Alternative sentences are usually available to individuals with misdemeanor DUI convictions, in the absence of a violent criminal record. Low-risk offenders may be eligible for the House Arrest program, in which case they are required to wear a passive GPS anklet or an electronic monitoring device.

Another option for low-risk offenders is enrollment in the Day Program. This is a less restrictive form of supervision, however, the offender is required to report to their house arrest officer daily.

Interested in exploring your options?

I’ve only scratched the surface regarding alternative sentencing options. If you were arrested and charged with DUI, not only will you want to fight your charges, but you should be aware of the alternatives to jail.

If you’re interested in obtaining more information about alternative sentencing, don’t hesitate to contact my firm, Jonathan Blecher, P.A. for a free consultation!

Petition to Deport Justin Bieber on Its Way to White House

A group of people are trying to get Justin Bieber deported back to Canada. They’ve put together an online petition that describes Bieber as reckless, destructive, and a drug abuser. The petition has amassed enough signatures to earn official review from the White House.

The petition, “Deport Justin Bieber and revoke his green card,” was established on the site, We the People. It was created after the Canadian singer and songwriter was arrested for DUI, driving with an expired license, and resisting arrest on January 23, 2014 in Miami Beach.

With over 273,000 signatures to date, the petition has earned enough signatures to receive a White House review.

The 21-year-old lives in Beverly Hills and is reported to possess an O-1B visa. Such visas are based on “extraordinary achievement” in the arts, TV or film.

Following his 2014 DUI arrest in South Florida, over 270,000 people petitioned the White House to have Bieber deported. Though the number of signatures are sufficient for a review under the White House guidelines, the Obama Administration has declined to comment on the petition.

In retaliation to the petition demanding that the “One Less Lonely Girl” singer be deported, Bieber supporters (Beliebers) created their own petition on the We the People site, “Stop Justin Bieber from getting deported.”

This petition argues that the idea of Justin Bieber getting deported is “completely unfair.” Saying that that he doesn’t deserve this, that’s he’s human. That he’s not perfect.

Immigration Experts Doubt Deportation

Immigration law experts say that it’s highly unlikely that Bieber will be deported. One reason being that about a decade ago, the Supreme Court ruled that DUI is not typically a deportable offense.

In the January 2014 DUI case, Bieber settled to a plea bargain where he pleaded guilty to resisting an officer without violence, and to careless driving, in exchange for dropped DUI charges.

He was fined $500, sentenced to an alcohol education course and 12 hours of anger management classes. As a part of his deal, he donated $50,000 to a children’s charity.

Toxicology results found that Bieber’s blood alcohol level was below the 0.02 limit for drivers under the age of 21. He did however, test positive for marijuana and the anti-anxiety drug, Xanax, NBC Miami reported.

Searching for a Miami DUI attorney? Contact my office, the Jonathan Blecher, P.A. to discuss your DUI charges with a former prosecutor, who’s handled over 3,000 DUI and suspended license cases since 1982. 

If You Refuse to be Tested on the Blood, Breath, or Urine Tests, Will You Lose Your License?

Chemical tests go hand-in-hand with DUI charges. Blood, breath, and urine tests are often the cornerstone of the case against an individual arrested for drunk driving. Because of the significance of these tests, it can be tempting to refuse when asked to take one by a police office. After all, if they don’t have concrete evidence against you, they certainly can’t arrest you, right?

Unfortunately, it is not always so black and white. Refusing to take a chemical test has serious consequences and doesn’t guarantee that you will avoid DUI charges. Before you refuse an officer’s request, it is important to first understand your rights.

The Basics of Florida’s Implied Consent Law

In Florida, there is something called the implied consent law. This law states that if you are lawfully arrested by a police officer who has probable cause to believe you have been drinking and driving, then you consent to taking a chemical test – blood, breath, or urine. The officer can require you to take more than one test and you must consent to each request, except in the case of a blood test where other pre-conditions are in play.

This law also imposes penalties on those who refuse to comply. The penalty for refusing to take a chemical test is based on your criminal record and the circumstances of your arrest. According to state law, the penalties for refusing to take the test are:

• First offense: one year license suspension
• Second offense:18 month license suspension
• Third offense: 18 month license suspension

Second and any subsequent refusals can also invoke jail time and possible fines. While the consequences for refusing to take a chemical test are certainly lighter than those for a DUI, they can still be permanently damaging. Additionally, just because you didn’t take the test does not mean you’re off the hook for a conviction.

In short, whether you are facing the penalties for a chemical test refusal or are at risk of a DUI conviction, you need an experienced DUI attorney on your side. Accused individuals turn to my firm because they trust my legal background and unmatched devotion to their case. With 30 years of experience behind me, no charges are too complex for me to handle.

Fight for the outcome you need. Get in touch with my firm in Miami to schedule your free consultation! 

Is Florida a Member of the Driver License Compact?

With places like the Zoological Wildlife Foundation, the American Airlines Arena, Vizcaya Museum and Gardens, Zoo Miami, Miami Beach, the Art Deco District, South Beach, and Little Havana, it’s no wonder why tourists flock to Miami.

Since Miami is a magnet for tourists and “snowbirds,” DUI attorneys see their fair share of out-of-towners who are arrested for DUI.  If you were arrested for driving under the influence while visiting Miami, you’re probably wondering how a Florida DUI will affect your driving privileges in your home state.

Will your home state find out about the DUI? Will your license be suspended back home? It depends if your home state is a member of the Driver License Compact.

What is the Driver License Compact?

It is an interstate compact used by all but five states to exchange information about the traffic violations and driver’s license suspensions of nonresidents.

The theme of the Driver License Compact is “One Driver, One License, One Record.” This means that if you get a DUI in Florida, your home state would treat the DUI as if it was committed back home. This means that your home state would apply its state laws to your Florida DUI offense.

In other words, your home state would treat the Florida DUI as if it happened at home. So, you would face the same penalties as if the DUI was committed in your home state. This would apply to an alcohol-related DUI, a DUI involving prescription or illegal drugs, a hit and run, a DUI accident, a DUI with injuries, or DUI manslaughter.

The five non-member states are Massachusetts, Michigan, Tennessee, Wisconsin, and our neighbor Georgia.

Under the Driver License Compact:

• Your Florida DUI will be reported to your home state.
• The DUI laws in your home state will apply to your Florida DUI.

Regardless of what state you live in, you can’t ignore your DUI criminal court hearing. Plus, if your DUI case goes to trial, your presence may be beneficial since juries tend to be more understanding when they can look a defendant in the eyes.

Will an Administrative License Suspension be Reported?

Interestingly, pre-trial administrative license suspensions (done immediately upon arrest) are not reported to the National Driver License Registry. Under the Compact only convictions from a court will be transmitted.

Under the Compact, a "conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

The good news is that if your DUI charges can be reduced or dismissed, your home state may not take any action against you. To discuss your options and legal strategies, contact my firm, Jonathan Blecher, P.A. for a free consultation!

Sentences Vary Widely in DUI Death Cases

In a recent case, a 20 year-old girl, tweeted “2 drunk 2 care” before killing her two friends in a drunk driving crash. Though she was overwhelmed with guilt and tearfully expressed her remorse, faced with her friends’ angry relatives, a Broward judge sentenced her to 24 years.

Just days later, a 54-year-old alcoholic stood before a Miami judge awaiting his fate for driving into a Liberty City restaurant while under the influence, killing two church elders. The victims’ relatives forgave the defendant, who was sentenced to 10 years.

On the same day that he was sentenced, in a quiet courtroom with no news cameras, a 27 year-old lady faced the music for killing one person in a DUI crash, and killing another in a hit-and-run crash while she was on bail in the first case. The Miami-Dade judge sentenced her to just four years.

The daughter of the second victim she killed said that she is still shocked she only received four years. She said that she’s still upset and depressed.

Florida’s Mandatory Minimum Sentence

Under Florida law, any person convicted of DUImanslaughter shall be sentenced to a mandatory prison term of 4 years. However, as these recent cases demonstrate, the prison terms for DUI manslaughter vary widely from case-to-case, and from county to county.

According to the Miami Herald, in over 400 fatality cases since 2012, the statewide average for DUI manslaughter is less than 10 years in prison. Of all counties, Miami-Dade had the most cases over that time span, with 66 cases. Of those, the lightest average sentences served were 6 years. In contrast, Broward had 27 cases, with defendants in that time span serving just less than 10 years.

Broward has a reputation for being harsher than Miami-Dade County, the Miami Herald reports.

In Palm Beach, the average sentences are even higher, with convicts averaging 11.54 years for DUI manslaughter, while defendants in Hillsborough County serve just over 10 years.

According to legal experts, the reasons for the disparity in the sentences stem from an array of factors, including the skill of defense attorneys, the circumstances of the crash, the defendant’s criminal history, media attention, and the desires of the victims’ family members.

While judges can’t speak publicly about cases, former Miami-Dade judge, Ellen Leesfield told the Miami Herald that judges must have the courage to hammer someone when they deserve it, and the courage to give someone a break when they deserve it.

Arrested for DUI in Miami? Contact my firm, JonathanBlecher, P.A. to schedule a free case evaluation.

Source: http://www.miamiherald.com/news/local/article27347041.html

98-Year-Old Killed in Palm Springs DUI Crash

A man was arrested on July 10 on suspicion of DUI manslaughter after a drunken collision left a 98-year-old man dead in May, Palm Beach police say.

V. Pineda, 20, of West Palm Beach, faces felony charges stemming from a four-vehicle crash that he allegedly caused in May.

The fatal crash occurred on May 3 at around 10:15 a.m. in the 2900 block of South Congress Avenue after Pineda drove a 2001 Mitsubishi into a Honda that was stopped at a red light.

According to the police, the crash involved four vehicles and resulted in more than $10,000 in property damage.

N. Reitti, 98, of Lake Worth was a passenger in the Honda that Pineda slammed into. Reitti was transported to a local hospital after the crash – he succumbed to his injuries and died days later, according to the Sun Sentinel.

Pineda was driving with an expired tag on his vehicle, he didn’t have personal injury protection insurance, and according to the report, there was a “heavy odor” of alcohol on his breath.

In the report, an officer wrote that at first Pineda cried and felt sorry for the injured passenger, but then he started laughing.

Pineda’s blood alcohol concentration was .184 and .183, according to police – more than twice the legal limit.

Pineda was initially charged with DUI with injury, however, that charge was dropped last week. The authorities rebooked him into Palm Beach County Jail on Friday on a DUI vehicular manslaughter charge; he is being held in lieu of $100,000 bail.

He was still in jail on late Tuesday, the Sun Sentinel reported.

What are the penalties for DUI manslaughter?

DUI manslaughter in Florida is a very serious offense, which involves mandatory minimum sentencing. If Pineda is convicted, he faces from 4 to 15 years in prison, up to $10,000 in fines, possible victim restitution, and a non-expungable felony on his record.

Are you facing DUI charges in Miami? Regardless of the circumstances in your case, choosing the right Miami DUI lawyer to defend you can make all the difference. You cannot take chances with your future – contact my firm today!

Over Fourth of July, Water Cops Cracked Down on Boaters

On the Fourth of July one year ago, a three-boat crash on the waters of Biscayne Bay claimed the lives of four people, turning a post-fireworks celebration into a deadly mess.

In response to the crash, authorities called for additional patrols and the establishing of new limits for boaters on popular holidays, such as Memorial Day and the Fourth of July.

For this year’s Fourth of July holiday, water cops were cracking down on boaters. Some of their new enforcement efforts included how boats had to be tied together, temporary low-speed zones, and of course, a zero tolerance for boating under the influence.

The marine police and the Coast Guard wanted to prevent another tragedy from occurring during one of the most popular holidays for recreational boating. During the Fourth of July, it is common to see hundreds of boaters, swimmers, smaller craft and plenty of beer in Biscayne Bay.

Key Biscayne Police Chief Charles Press told the Miami Herald that they know that people like to party, and that the Fourth of July is a big day in America. He said that they want to ensure that good people who want to enjoy the day go home safe to their families.

In 2014, Miami-Dade County had the most boating accidents in the state. According to the 2014 Boating Accidents and Statistical Report released by the Florida Fish and Wildlife Conservation Commission, there were 79 boating accidents in Miami-Dade last year.

Those accidents killed 10 people and injured 47, leading to $2.2 million in property damage. The deadliest crash was last Fourth of July, the Miami Herald reports.

Penalties for Boating Under the Influence

Much like drunk driving accidents, one of the leading causes of boating accidents is boating under the influence of alcohol. In Florida, you can be arrested for boating under the influence(BUI) if you’re caught operating a boat after drinking alcohol.

The penalties for BUI vary depending on the circumstances of the case and whether you have prior BUI convictions. A first conviction for BUI without aggravating factors such as bodily injuries or death is punishable by up to $500 in fines, and up to 6 months in jail. Subsequent BUI convictions incur enhanced penalties.

If you are facing BUI charges, it is imperative that you speak with a qualified Miami BUI attorney. Contact my firm to discuss your legal defenses in a free case evaluation!