Law Firm of Scott T. Moorey

Fort Myers Criminal Defense Blog

The legal limit is not the same for everyone

Most adults understand that the legal limit is 0.08. This means that anyone with a blood alcohol concentration over 0.08% legally cannot drive a vehicle. However, this limit is not the same for everyone.

For those under age 21, even possessing alcohol is against the law. This is why almost any detectable amount of alcohol in an underage driver’s system can result in severe consequences.

Breathalyzers used in DUI cases are unerringly accurate, right?

Readers of our Fort Myers criminal defense blog at the Law Firm of Scott T. Moorey know a loaded question when they see one. We are confident that most visitors to our website harbor reasoned doubts regarding today’s above-posed headline entry and any claim that a blood-alcohol testing device is precisely accurate in every instance.

In fact, there is a veritable mountain of evidence – carefully researched and tested findings from many sources – to suggest otherwise.

3 Common crimes committed by college students

Sending your kid off to college can be both relieving and stressful. While college is a time for your young adult to explore their freedom and experience new things, they may also face temptations and challenges. And sometimes, indulging in those temptations can have serious and life-changing consequences.

 

Drug charges: Driver claims she was unaware of meth on front seat

A 22-year-old Florida woman was arrested when authorities pulled her vehicle over as she was on her way to fetch her boyfriend upon his release from jail. According to authorities, the woman was a known offender for driving with a revoked or suspended license. Law enforcement reportedly executed the traffic stop at around midnight on a recent Wednesday -- a stop that led to drug charges.

Officers say the woman was questioned, and when she stepped out of the vehicle, she admitted that her license had been revoked since last August. During questioning, the deputy allegedly noticed the floorboard and the seat of the pickup truck were covered with a crystal-like substance, along with a torn plastic baggie. The vehicle was searched, and the crystals apparently tested positive for methamphetamine.

Even nonviolent offenses can lead to prison time

Sometimes, people in Florida and elsewhere do things without realizing that their actions could be deemed unlawful. One such case recently led to a judge sending a 39-year-old man to jail for contempt of court. The man has now filed an appeal, claiming his public criticism of a judge was nonviolent and within his First Amendment rights.

Reportedly, the man accused a judge of being unfit to serve and incompetent after a civil suit that he filed was dismissed. The complaint was a claim for $500 million in which the man alleged that the court wasted the time of his friend who was charged with a seat belt violation. After the dismissal of the civil lawsuit, the man wrote the scathing letter and accused the judge of denying him an impartial and free review.

DUI manslaughter charges follows high speed rear-end crash

Driving under the influence of alcohol in Florida can have severe consequences. When an impaired driver causes an accident in which serious injuries occur, or lives are lost, the outlook may appear bleak. Facing DUI manslaughter charges is serious, and it is always a good idea for an accused driver to secure legal counsel to protect all applicable legal rights.

A 23-year-old woman from South Florida was recently arrested after a crash that caused the death of a passenger in another car. According to a crash report, the accident occurred on a recent Saturday evening. The report indicates that the woman rear-ended another vehicle, pushing it into the median.

How should you defend yourself against manslaughter charges?

When you face criminal charges of any kind, you probably understand how important it is to take immediate action to start protecting your future. There is a lot at stake, particularly in cases that involve violence or the harm of another person. This includes manslaughter charges, involuntary or not.

A manslaughter charge is serious. It involves the intentional killing of another person without having previous intent to do so. Manslaughter can arise out of many different types of situations, including self-defense. It is possible to fight back against these allegations and protect your future. Due to the grave nature of the penalties that can come with a manslaughter conviction, you would be wise to start working on your defense as soon as possible

The role of plea bargaining in defending juvenile crimes

Sometimes, teenagers in Florida commit crimes as the result of a dare or peer pressure, without realizing that the potential consequences could adversely affect the rest of their lives. Whether they are involved in underage drinking, drunk driving, or breaking and entering, they are committing juvenile crimes. If caught, they will have to answer for it, though an attorney who has experience in protecting the legal rights of juveniles may be able to limit the damage.

Legal counsel might be able to resolve the case through plea bargaining, and thereby prevent the case from going to trial. The defendant might agree to enter a guilty plea to a lesser charge in exchange for the dismissal of some of the charges and/or a more lenient sentence. Before negotiating a plea agreement, the lawyer will examine the allegations to determine the seriousness of the charges, the available evidence held by the prosecution, and the prospects of a trial ending in a guilty verdict.

The impact of points on your driving record

People's driving records stick with them throughout their lives and can determine the extent of their driving privileges. For this reason, it is important for drivers to be aware of their personal records and any infractions upon them.

When parties commit traffic offenses, they may receive points on their records. These points can have a strong impact on the driver's record and future driving abilities.

Common reasons courts use to dismiss DUIs

Many DUI cases end up cut and dry. No one is immune from the consequences of operating a vehicle while under the influence, including a Fire Rescue division chief. In October of 2019, one such division chief had to resign due to a DUI arrest where he went to jail and refused a breath test. 

After a DUI arrest, you need to start building a defense to avoid a conviction, which could lead to substantial fines and jail time. In some cases, the police will have a solid case. You need to fight back and look for any of the following, which can help poke holes into the police officer's story. 

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