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Fort Myers Criminal Law Blog

DUI manslaughter charges follows pickup vs. van crash on I-75

Florida drivers who are accused of impaired driving may face serious charges, especially in accidents that cause serious injury or death. There will be no time to waste, and defense options will likely be the primary concern. This might be the case for a 30-year-old driver who faces DUI manslaughter charges after he allegedly caused a fatality in a recent crash.

The arrest of the man followed after an accident on Interstate 75 in which his pickup truck smashed into a van carrying a group of baseball players and fans from a training game in Fort Myers. Authorities say witnesses reported several near-misses by an alleged reckless pickup truck driver on southbound I-75 shortly before the collision occurred. Reportedly, this happened at approximately 5:30 p.m. on a recent Tuesday.

Can law enforcement search for drugs during a traffic stop?

If you are a resident of Fort Myers or Cape Coral, Florida, or one of the many “snow birds” who spend substantial time in this part of the country during the winter months, you know that getting pulled over by a law enforcement officer for an alleged traffic offense is not an uncommon occurrence. However, you need to make sure that your traffic stop does not turn into a drug charge as well as one or more traffic tickets.

The best way to do this is by knowing your rights and also knowing what officers can and cannot do during a traffic stop. They have the right and authority to do the following things:

  • Ask for your driver’s license, vehicle registration and proof of insurance, all of which you must produce
  • Investigate your alleged traffic violation
  • Check to see if you have any outstanding warrants
  • Write the appropriate ticket(s)

Alleged impaired boat operator will not face criminal charges

The family of a deceased 22-year-old university graduate who drowned in an airboat accident in Florida last May cannot understand why the operator of the vessel cannot be held responsible for their daughter's death. Prosecutors recently determined that no criminal charges could be brought against the boat operator. This ruling was despite the fact that he allegedly had an excessively high level of THC in his blood, indicating impairment by marijuana.

Reportedly, the young woman joined her family on the airboat trip on the Everglades, and all went well until the operator of the boat had to deviate off course to avoid another stationary vessel. The veteran boat operator admits to slowing down too much while turning, causing the airboat to flip over, ejecting all the passengers. Apparently, the woman became trapped under the boat. Her life could not be saved.

Non-violent offenses: Unhappy client sends PI to find psychic

Sometimes people who are desperately in love will do anything to secure a relationship with the subject of their passion. This is where psychics come in. Unfortunately, there are no guarantees on their services, and when psychics fail, they may face criminal charges. Although theirs are non\-violent offenses, the financial losses their clients suffer could be substantial. A woman who is accused of scamming people was arrested in Florida when a private investigator located her at Miami International Airport.

Reportedly, the specialties of this woman included reversing curses and casting love spells. The client who hired the private investigator apparently sought a love spell after discovering that her boyfriend was already married. However, after spending over $80,000 on the psychic's services -- without success -- she became suspicious. After her arrest, the psychic was charged with multiple felony theft charges involving $340,000 to which she reportedly pleaded guilty.

Probable cause in a Florida DUI

One of the general principles of criminal law is that police officers cannot - in most cases - stop people at random just in case they might be committing a crime. With the exception of properly set up DUI checkpoints, this principle also covers DUI stops.

To make a stop, a police officer must have probable cause to think you are committing some type of crime or traffic violation. Without meeting this requirement, even if it turns out you were definitely committing a DUI, the prosecution risks having the entire case thrown out.

Top 3 alcohol-related crimes

Many adults harmlessly consume alcohol for leisure. However, alcoholic beverages often directly contribute to criminal acts. According to the National Council on Alcoholism and Drug Dependence, 80 percent of crimes in the U.S. involve alcohol or drugs

While alcohol may be a factor in a variety of crimes, including domestic violence and sexual offenses, there are some core crimes that are directly related to the consumption of alcoholic drinks. Here are the main three.

Florida man's 911 call for home invasion leads to drug charges

A Florida man's call to 911 recently led to his arrest. According to the Sarasota County Sheriff's Office, the man reported a home invasion at approximately 11 p.m. on a recent Monday. They say he claimed that there were people in his home and on his property. Deputies rushed to his address, and instead of home invaders, they claim to have found enough narcotics to justify an arrest on drug charges.

While the deputies who responded to the call were in the man's house, the presence of drugs and paraphernalia created the suspicion of drug dealing activities. They say they found no strangers about, and suspect the man was under the influence of drugs when he called for help. Reportedly, investigators returned with a search warrant in the early morning hours of the following day.

Owner of stolen wallet accuses woman of credit card fraud

Circumstances can cause people to do things they would not usually do, and sometimes those actions can lead to clashes with law enforcement. Any person in Florida who is suspected of committing a crime such as credit card fraud may be unsure of how to proceed. The best first step is to seek legal counsel at the very first opportunity.

A Miami woman was recently arrested by officers with the Stuart Police Department. She is accused of making fraudulent charges to credit cards that belong to someone else. According to SPD, a report came in about a stolen purse after a credit card company advised the cardholder who was shopping in one store that someone else was using her credit card in a different store.

What to do when you get in a car accident in Florida

Driving is such an everyday part of life that it is easy to overlook the high risk that comes with it. Yet in Florida, the number of traffic accidents have increased the last several years, with only a very slight drop in 2017, reveals statistics from Florida Highway Safety and Motor Vehicles.

Although most accidents are not deadly, the consequences of even a minor collision can still be severe. Bodily injury can lead to high medical bills, long recovery, permanent health changes and temporary or permanent loss of employment. With so much at stake, are you prepared for the likelihood of car crash? If not, these are the steps you need to take after getting into an accident.

DUI suspect tries to order burrito in Bank of America drive-thru

A Florida man found himself at the drive-thru branch of the Bank of America instead of Taco Bell as he might have intended. Reportedly, this also led to a DUI arrest. According to an incident report, a deputy of Hernando County responded to the bank from where the call was received. The manager reported a suspected drunk driver who allegedly fell asleep while sitting in a vehicle in the drive-thru lane.

The bank manager says he knocked on the window to wake the sleeping man, and when he succeeded, the driver appeared disoriented. Supposedly, he ordered a burrito. However, when he was told that he was in the wrong drive-thru, the man apparently drove off and parked in the bank's parking lot. The officer arrived to investigate the allegations and found a 28-year-old man from Tampa sitting in the vehicle with its engine idling.

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