Recent Posts in general Category
| January 20, 2010 |
| Drugs, DUI and Consensual Encounters of the Third Kind |
| Posted By Jerry |
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It must be a full moon, or Jupiter must have just aligned with Mars, as it has recently snowed in Florida; the Village People are playing down the street from my law office in Fort Pierce and the practice of criminal defense has becomes more surreal by the moment. You see, you don't have to commit a traffic infraction to be arrested and you don't have to hate aliens to get beamed up. Earthlings, sometimes your fate can walk right up to you or hover above you. Or, conversely, you can inadvertently walk into a DUI or drug arrest. Such is the case with consensual encounters.
Consensual encounters - and were talking criminal defense types for those of you with naughty thoughts - is simply two people coming together or interacting willingly. Let's just say, you just had one too many drinks at a friends wedding and you decide to sleep it off in the parking lot of the mall. Cop sees you sleeping; intuitively knows that at 5 pm most folks aren't taking a nap at the mall; is concerned for your welfare; knocks on your door; you don't respond; he opens the door and you exhibit multiple signs consistent with being impaired - bum your busted for DUI. Let's also say your sitting in driver's seat of the car after having knocked back three large mugs of beer at dinner while waiting for your wife to pick up some milk for the kiddies in the morning; car is on; keys are in the ignition; your a/c & radio are cranked up; your signing your favorite song; you've been there for well over ten minutes and an officer just walks up to your window and engages you in conversation. Let's just say during this little chit chat and encounter, he notices your eyes are blood shot; you smell like booze and your slurring your words. Guess what, you now are a perfect specimen for a DUI investigation. Or, you're minding your own business in the car, or in a public park, and the storm trooper from a short distance away looks into your car, or stares down where your seated, and goodness gracious, he sees a bag of marijuana. Party boy, your busted. Or, there were reports of someone driving a transport vehicle at light speed around the galaxy in a vehicle matching yours. Cop doesn't see you drive and thus has no independent observation of your drive pattern. He does however use his built in radar to find you at your apartment complex and see you step out of a vehicle matching the same description. He doesn't block you in; he doesn't put his emergency flashers on and he doesn't draw his weapon. He simply just walks up to you and notices that you are exhibiting all the signs of five days at the Daytona Speedway. Well, like the rest of the scenarios I have shown, "ticket to jail bro." So you don't have to drive like an imbecile or commit a crime to get abducted in a cosmic law enforcement caper.
Likewise, when your stopped for a routine traffic infraction - i.e. speeding - you don't have to give law enforcement permission to search your vehicle. Or, if the officers knock on your door at 3 am for making too much noise, you don't have to invite them into your home. Should you however allow the cops to search, you have given up your rights and thus anything found could be used against you. Simply put, the judge will rule that it was consensual.
Again, there are time officers clearly abuse their discretion by stopping you without probable cause; have no independent observation of your drive pattern; barge into your home without a warrant or search through your car without approval. In any of these instances, you are wise to call a tested and true criminal defense attorney. I pride myself on being up on the latest law on the Treasure & Space Coast of Florida and would be more than pleased to assist you with all your DUI, Drug, Search & Seizure and Constitutional violation matters. www.drugdefensefirm.com . At the Roden Law Firm
www.duiguy.info we understand how difficult this time is for you and we will do all we can to pursue justice and to ensure that your rights are protected.
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| January 05, 2010 |
| On Bowden, Bad Proposed Florida DUI Law and New Beginnings |
| Posted By Jerry |
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Today, I will slightly digress in my blog, in that, quite frankly, it is my blog and thus my prerogative to digress. Let me first congratulate Bobby Bowden on his winning the "Gator Bowl" in Jacksonville, FL and on his maintaining the longest winning streak for bowl victories in college football. Let me also thank him for everything good he has done for FSU, college football, civility, ethics and morality. I attended my first game with him as the head coach in 1982 while a freshman and I watched his last game with my wife & son on New Year's Day 2010. He is everything good and that is something that we all should strive for everyday.
Now drinking and driving too excess is not good. Unfortunately, folks forget to moderate their drinking at tailgate parties. So off they drive out of the stadium, only to be stopped for a minor traffic infraction. As so often happens, the officer smells alcohol on you and you are now a DUI suspect. Just as Coach Bowden focuses on doing what is right, so should you. Before you tailgate - designate - who will be the designated driver or choose to take a cab to the game. The NCAA [who I don't like for trashing Bowden's record]; your family and everyone else out there, will thank you.
Now, just as one needs to play fair in college and life, the same should apply for law enforcement. However, some legislators, state attorneys and law enforcement are trying to loosen the rules to make it easier to arrest folks for DUI. http://jacksonville.com/news/metro/2010-01-05/story/florida_lawmakers_consider_bill_to_make_dui_arrest_easier Again, I believe consuming alcohol too excess and driving is wrong. But what is far worse is stopping people for questionable grounds and thereby eroding all of our civil rights. The current proposed law would simply allow cops to stop people if they thought they were drunk at somepoint. So that includes arresting the preppy mom; the professional leaving a Chamber event; the priest who drank from the chalice; etc. Accordingly, this new proposed legislation in Florida opens up a whole new constitutional can of worms. Folks, the challenges to these stops will cost law enforcement more than there worth. They are a penalty we can't afford.
I say follow the current law and play fair. If it ain't broke, don't fix it. To quote Bobby Bowden, "that's dog gone good advice. dadgummit." A good cop can make just as many arrests by utilizing probable cause violations for all stops observed in his presence, then by "assuming" that "someone" was "drunk" at "some point."
We'll enjoy this arctic breeze in the tropics. I'll be here on the Treasure and Space Coast fighting for your constitutional rights in DUI and drug stops long after it warms up. Until then, check out my website www.duiguy.info or www.drugdefensefirm.com Enjoy the rest of your College Football games too. |
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| January 01, 2010 |
| A New Year and new decade of DUI & Drug arrests |
| Posted By Jerry |
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Happy New Year and happy be the client who doesn't drink, drive, ingest or imbibe way too much. Like a lion hunting its prey, law enforcement will be out looking for drunk driver's and law breakers this New Year. Be prepared for road blocks; DUI check points; some questionable stops and speed traps. Again, if your sober and not breaking the law, you won't have too worry. But if you break down, a good lawyer can try to fix the situation.
May I suggest instead staying home at New Years, or, if you must go out, hire a cab. Should cabs be sparse in your area, consider being the designated driver. Again, be careful about mixing your alcohol and be careful about mixing your medicine with alcohol. Both can be dangerous combinations.
Often times, folks are not wise in how they celebrate and what they celebrate with on New Years. Marijuana, cocaine, oxycontin and ecstasy are illegal. You risk hurting yourself, others and time in the Department of Corrections should you be found to be in possession of these substances when stopped by law enforcement. Furthermore, should you be arrested for DUI, and not tell the corrections officer in the jail that you also have illegal drugs on you, you will be charged with the felony crime of introduction of contraband into a correctional facility.
We'll let old acquaintances be forgot and be grateful that you have a new year to be a better person and do great things. Make it a point to know your legal rights and make it a point to be careful out there. If you are in need of additional information, the Roden Law Firm is available via the web at www.duiguy.info or www.drugdefensefirm.com. All the best in 2010.
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| December 29, 2009 |
| Being family centered can prevent a DUI or drug arrest |
| Posted By Jerry |
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Drinking excessively and driving is not a good thing. Drinking with your children in the car is far worse. http://www.tcpalm.com/news/2009/dec/28/vero-beach-woman-charged-with-dui-and-child/?partner=popular Driving around with illegal drugs is even more serious. You may think that you need a break, but please don't do it at the expense of your children. Not only can you count on getting a DUI or arrested for illegal drugs; you can also count on being charged with the criminal offense of child neglect. That's a felony charge and it's almost guaranteed time in jail.
Now should this happen to you, you most certainly need an attorney. Perhaps the stop was illegal; perhaps you had to be on the road - for example an abusive spouse was about to harm you & your children; perhaps you were not impaired; perhaps you weren't driving. Whatever the case, the Roden Law Firm is knowledgeable in all DUI and Child Neglect matters.
Again, don't take medicine before your drive; don't take or drive with drugs and don't drink with your children in the car. However, should you make a critical error in judgement, be sure that a knowledgeable DUI or drug defense attorney will look at every and all options to avoid your being convicted or being sent to jail for a DUI, drug or child neglect charge.
Even if your not arrested for DUI, drugs or child neglect, there is a very strong possibility that child protective services could intervene and take your child. So be the parent you should be. Act like an adult and you won't need to hire adults - attorneys that is. Whether you live St. Lucie, Martin, Indian River or Okeechobee counties, the Roden Law Firm is here to help with all your criminal defense needs.
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| December 27, 2009 |
| Take your medicine and go directly to jail for DUI & Drugs |
| Posted By Jerry |
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Your mother may have said take your medicine, but your lawyer will tell you it might cost you a DUI or Drug arrest. Read the label on all your medicines. If they say don't operate with heavy machinery, its fair to say don't drive your car. If it says, don't mix with alcohol, its fair to say don't drink liquor, beer or wine when on it. If they say, may cause drowsiness, then you be the judge. Otherwise, the cop and prosecutor will judge you.
Many times the doctor may over prescribe you medicine, and sometimes you may inadvertently take too much. Whatever the case, if you start feeling dizzy, pull over - or the police will pull you over. Even though you are legally prescribed xanax, oxycontin, hydrocodone, darvocet or any pain medicine, you may still be arrested if you are impaired while driving. Same goes for Nyquil or any medicine you may legally buy without a prescription.
Now, in this difficult economy, let's say you purchased some pills from a neighbor. Or you changed the dates or the refill amounts on an older prescription. Or you shared older medicine with your partner. In fact, this is common amongst senior citizens. Or let's say you borrowed some of your buddy's Viagra. Heck, this is common amongst a lot of dudes. We'll big guy, should you be pulled over, and found to be in possession of any or all pills without a prescription, and you were never legally given one by a doctor, you will be arrested for a Drug charge.
Should you have additional questions about Drug, Prescription or DUI law, feel free to call the Roden Law Firm at 772-465-5171 or 866-912-4DUI. My websites www.drugdefensefirm.com and www.duiguy.info are full of helpful information. Take care, watch out and be safe. |
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| December 25, 2009 |
| Santas tips to avoid arrest for drugs and dui and to have a Merry Christmas |
| Posted By Jerry |
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Merry Christmas to all today. Let me say that I wish you and yours have a wonderful day and that you try to remember the reason for the season. Having said that, here is the last holiday tip to avoid arrest for drugs and dui. Its simple, as Santa says, "be a good boy or girl." If your good, you don't get coal in your stocking and a night in a cold Siberian prison.
Honestly though, many of you have drug and alcohol problems. Perhaps this is the time of year that you decide to go to AA, NA or seek help. It's never to late and you'll be glad you did. Feel free to call me as we have a list of great counselor's and organizations that can help you on the Treasure of Space Coast. Or for those of you who are in control, as they say on tv, don't drink and drive and don't do drugs.
Use this time of year to focus on being a better person and to be considerate to others. In the end you'll be a happier person. If however you stumble, I will be here to pick you up. The Roden Law Firm is available to help you day and night, so don't give up the fight. Please call us at any of our offices in Ft. Pierce, Vero Beach, Stuart or Melbourne at 772-465-5171. Finally, my website is available twenty four hours a day at www.drugdefensefirm.com or www.duiguy.info All the best in the New Year.
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| December 23, 2009 |
| Problems with Field Sobriety Tests & the cops who administer them |
| Posted By Jerry |
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On the tenth day of Christmas, my lawyer gave to me, "more advice on how to potentially beat your DUI/DWI charge." Again, don't do any of the field sobriety tests or tasks. However, should you, then you need to point to things that prove the test wrong.
Again, while people ski downhill, you should never be asked to do the field sobriety tests downhill. Or uphill for that matter. Like in real life, you need a level playing field. You should also be provided with a real line to do the tests.Your physical condition or limitations should also be taken into consideration. So, let the cops know "how sick you are and what injuries you have had and if they still effect you." Obviously herniated disks and having one leg shorter than the other put you at a distinct disadvantage.
The pen/HGN test is often administered incorrectly; is many times wrong and must be administered by a certified Drug Recognition Expert/DRE in Florida. Furthermore, what the heck does a pen being waived in front of someone's eyes mean to a juror watching the video. Hocus pocus you are now a reindeer? Some cops will even say that they can tell what drugs you were allegedly on by the deviation in your eyes. Let me guess, I looked into his eyes and saw that he was smoking pot from Colonel Mustard's library.
Construction; nearby traffic; etc., constitute some of the tons of other factors that can prevent you from performing the test one hundred percent correctly. Yes, there's also the video itself too, which often proves to the world that you're not as bad as they said you were in the arrest report. Start by hiring a good DUI lawyer. The Roden Law Firm has developed a reputation as one of the most knowledgeable DUI law firms on the Treasure and Space Coast. Feel free to call me at 866-912-4DUI with any questions you may have. Also, check out my website: www.duiguy.info or www.drugdefensefirm.com Now wrap some gifts and settle down for a long winter nap. Rest assured, the Roden Law Firm will be here when you wake up at one of our four law offices in Ft. Pierce, Stuart, Vero Beach or Melbourne.
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