Portable Drug Tests & New Year's DUI Checkpoints

The attack on drugged driving by over-zealous law enforcement has been an issue in the past, particularly in Los Angeles, where a state grant was used in 2013 to supply DUI checkpoints with oral drug swab testing equipment. During the holiday season in 2013, police were supplied with Q-tips and a "black box" which, in theory, would detect the presence of drugs in saliva.

The problem with this technology is that measurable impairment concentrations of drugs can't be found, only the mere presence of a substance in saliva. Additionally, both the DRE (Drug Recognition Evaluation) program and per se levels were developed because law enforcement and prosecutors could not prove impairment by drugs in the same manner they could prove impairment from alcohol.

Then police created DRE and then per se levels for drugs so they could prosecute DUI-drug cases. Even Marcelline Burns, who helped develop the DRE program admitted in published papers that the alcohol model does not work for drugs. The truth of the matter is that positive blood, urine or breath tests prove nothing but prior exposure, and only when they have been confirmed by Gas Chromatography/Mass Spectrum analysis.

Proving impairment from body fluid tests is impossible. There is just too much variability from person to person, and I am not aware of any controlled studies that can establish a range that fits everyone, any more than we can all wear the same pair of glasses.

Follow this link to the December 2013 NBC-LA news report.

For over 30 years I have been defending good people charged with serious crimes like DUI. Call me for a free, no obligation consultation.

Charged With a Felony DUI?

What You Need to Know About a Felony DUI

Anytime someone is being charged with a DUI, they are facing serious legal consequences that can affect them for the rest of their life. From a first time conviction to being charged as a multiple and repeat offender, someone who is accused of driving under the influence is facing jail time, hefty fines, loss of employment, suspension of their driver’s license, mandatory participation in an alcohol treatment program and more.

While any DUI charge can have a significant impact on the life of the accused, some charges will punish the driver more than others. A felony DUI, for example, carries the highest penalties of all.

A felony DUI is usually charged when a driver has:

• 3 DUI convictions within 10 years
• 4 or more DUI convictions in their life
• Caused bodily injury as a result of driving under the influence

When a driver is facing felony DUI charges, they are looking at up to five years in prison and a $5,000 fine. In addition to these penalties, the driver will have their vehicle impounded and their driver’s license revoked.

If the driver is being charged with causing the death of another as a result of being under the influence when driving, they will face DUI manslaughter charges. This will be charged as a felony although it is different than a felony DUI charge. DUI manslaughter carries 15 years in prison and a $10,000 fine, as well as allowing the accused to face criminal charges from the family of the deceased.

Have you been charged with a felony DUI? You need aggressive legal representation right away! Who you choose to hire to defend you is critical, and with over 30 years of experience, my firm has successfully defended over 3,000 cases. Call us to learn how we can help you!

What Are the “Reasonable Grounds” to Administer a Breathalyzer in Florida?

In the state of Florida, it is illegal to operate a motor vehicle while impaired by alcohol. If you are pulled over under the suspicion of drinking and driving, there are two ways an officer can test for blood alcohol content (BAC): a breath test or a blood test. A breath test is conducted using a breathalyzer machine.

To conduct a breath test, however, several criteria have to be met such as:

• Irrational driving behavior associated with intoxication
• Reason to believe you have been drinking
• Alcohol in your vehicle being consumed

Under Florida law of “implied consent,” you must agree to take a breath test if you are stopped by an officer. If you refuse to take a breath test, there may be civil and criminal penalties. You may believe that you will be better off refusing a breath test, but it can actually harm you in the long run. For a refusal, your license can be suspended for a significant amount of time.

Breath Tests are Not Perfect

It is important to keep in mind that breath tests can be faulty and make errors. Depending on your diet, physiology, medical conditions, and lifestyle choices, you may have a higher reading than usual. Additionally, environmental factors can affect the functioning of a breathalyzer machine. Technology is never flawless, and breathalyzer machines are no exception.

As the Miami DUI attorney at Jonathan Blecher, P.A., I have helped countless Floridians who tested positive for breath tests challenge their DUI charges. I have more than three decades of experience and 3,000 cases under my belt. On the noted legal website Avvo.com, I have been recognized with the highest possible rating of 10.0 Superb.

To get your free case evaluation, call my firm today or fill out this website’s consultation request form.

Legality of DUI Checkpoints in Florida

If you have been charged for driving under the influence because of a DUI checkpoint, you should get the facts from a knowledgeable attorney. Often, these checkpoints are set up on holidays, such as Independence Day or New Year’s Eve, when many people are celebrating by drinking. Over the years, checkpoints on highways have caught thousands of Florida drivers in the act of intoxicated driving.

Despite controversy about whether these checkpoints violate the Fourth Amendment protection against unreasonable searches and seizures, the United States Supreme Court ruled in the 1990 case of Michigan Dept. of State Police v. Sitz that the method of sobriety checkpoints operated within the confines of the Constitution.

However, there still may be legal issues with being pulled over in a DUI checkpoint. If the officers lack any sort of “probable cause” for conducting a search of your motor vehicle, there may not be solid reason for pulling you over. If you were pulled over and you were not intoxicated, your rights may very well have been violated. Additionally, the Washington Post published a worrying report last month about police across America fraudulently using checkpoints to seize the property of drivers who ultimately were not charged with a crime, which is illegal.

Were you charged in a DUI checkpoint?

I am Jonathan Blecher, P.A., an experienced Miami DUI lawyer who has fought to protect the liberties of the criminally accused throughout the Miami area. In fact, I began my career as a prosecutor, so I have the experience to understand how the other side approaches a case. Being charged with a DUI is a very unusual and strange experience, and you may be facing uncertainty during this time, which is why I am here to help.

For all cases, I bring the following to the table:

• More than 30 years of legal experience
• Martindale-Hubbell® AV Preeminent® Peer Rating
• Over 3,000 cases defended
• Perfect 10.0 Superb rating on the website Avvo.com

My firm is happy to offer free case evaluations to all potential clients. Pick up the phone and call me today or complete my website’s free consultation form. 

Holiday DUI Enforcement - Radio Interview

I appeared on Fried on Business last week to talk with the host and listeners about DUI enforcement this holiday season. This is a yearly feature on the Fried on Business program, which can be heard on 880AM-TheBiz in Miami, Florida. Follow this link to listen to the entire one hour program.

We discussed a wide range of topics including:

What to do if you're stopped by the police
Defenses to DUI prosecutions
Driver license suspensions
Penalties for DUI in Florida
Technology and DUI enforcement
Ignition Interlock Devices
Laser Beams and Vapor



For more information about how I can help you, please contact my firm today. Get your no-cost case evaluation by calling or filling out the website’s consultation form.

Can You Be Charged for a DUI If You Blow Less Than 0.08% in the Breathalyzer?

My Blood Alcohol Level is Less Than 0.08%: Can I Be Charged with a DUI?

In Florida, you might still receive a DUI charge if your blood alcohol content (BAC) level is less than the legal limit, which is 0.08%. This happens more frequently now as officers are looking for impairment by drugs in addition to alcohol. If a police officer believes you were intoxicated by alcohol or illegal drugs to a degree that it impaired your ability to operate a motor vehicle, they have the right and ability to pull you over and charge you with DUI. A charge for driving under the influence is based on your ability to safely drive, not necessarily the amount of alcohol in your system. Even if your BAC is under 0.08%, you can still face severe fines and penalties.      

For certain sets of drivers, the level for a DUI administrative suspension is much lower than 0.08. In Florida, commercial drivers are considered intoxicated if they have a BAC of higher than 0.04%. Also, drivers who are under legal drinking age can have their licenses suspended with a BAC of only 0.02%. Underage drivers are susceptible to a zero tolerance policy, and they may be charged if there is any alcohol in their system.

Some prosecutors may decline to pursue DUI charges further if they are under the legal limit, but this is not necessarily the case. Juries typically do not carry much compassion for people with any alcohol in their system. Additionally, prosecutors and officers can argue that if your BAC was close enough to the legal limit, it could have diminished from an earlier reading of above 0.08%.

 

DUI Attorney Fighting for the Accused

I am a DUI lawyer in Miami with considerable experience providing legal representation to drivers who are criminally charged for driving under the influence. My legal career includes more than 30 years of legal advocacy. Some of the accolades I have collected include:

·         Miami Herald “Top Ten DUI Lawyer”

·         10.0 Avvo Superb Rating

·         Florida Trend’s Legal Elite

For more information about how I can help you, please contact my firm today. Get your no-cost case evaluation by calling or filling out the website’s consultation form.

Signs that You Are Driving Under the Influence to the DUI Police

The National Highway Traffic Safety Administration (NHTSA) reports that since the 1970s, the proportion of alcohol-related crashes has declined; the agency attributes one of the factors to law enforcement efforts, namely detection tactics used by the police to detect motorists who are likely drunk driving.

Building upon an earlier NHTSA study, researchers interviewed officers all over the United States and subsequently developed a list of driving cues that are predictors of blood alcohol concentrations of .08% or greater.

Cues a Driver is DUI at Least 35% of the Time

The list was produced from 3 field studies involving over 12,000 traffic stops. The four driving behaviors identified by officers included:

1. Failure to maintain proper lane position
2. Problems with speed and braking
3. Vigilance problems
4. Judgment problems

The cues in these categories predict that a driver is driving under the influence at least 35% of the time. For example, if a police officer observes a driver to be weaving across lanes, the chances of DUI are over 50%. Further, if a police officer observes weaving and another cue that has been identified, the chances of DUI jumps to at least 65%.

Failure to Maintain Proper Lane Position

• Weaving or weaving across lanes
• Drifting
• Swerving
• Nearly striking another vehicle or object
• Straddling a lane

Problems with Speed and Braking

• Varying speeds
• Driving 10 plus miles below the speed limit
• Accelerating or decelerating for no apparent reason
• Stopping too far, too short, or too jerky

Vigilance Problems

• Driving the wrong way on a road
• Slow to respond to traffic signals
• Stopping for no apparent reason
• Driving without the headlights on at night
• Failure to use turn signals

Judgment Problems

• Tailgating
• Illegal or unsafe turn
• Inappropriate behavior (arguing, throwing objects)

In addition to the above, the following post-stop cues are considered by the police to be predictors of DUI: trouble exiting the vehicle, fumbling with one’s driver’s license or registration, swaying, balance problems, slurred speech, slow to respond to officer’s repeated questions, changing answers, and lastly, the odor of alcohol on the driver’s breath.

Contact a Miami DUI defense lawyer now!

If you were arrested for DUI, there is a strong possibility that you displayed one or more of the above cues; however, this does not necessarily mean that your arrest will result in a criminal conviction.

I am a former prosecutor with over 30 years of experience, I have successfully defended over 3,000 DUI cases, and I am a member of the National College for DUI Defense. Contact me today to learn how I can help you! 

Watch Your Driving – Officers Are Standing By

Law enforcement is specifically trained to watch out for certain driving behaviors that indicate impaired driving. The National Highway Traffic Safety Administration (NHTSA) conducted research, which has been adopted by law enforcement officers as scientifically valid information concerning the behaviors that are most predictive of impairment.

This NHTSA sponsored research led to the development of a DUI detection guide and training materials, including a training video. The NHTSA’s detection guide (used by police nationwide) describes a set of behaviors that officers use to detect motorists who are likely driving under the influence.

Thanks to the NHTSA’s detection guide, officers in every state are watching for suspicious driving and for driving patterns that look careless; for example, not fully stopping, failing to maintain a single lane of travel, or wide turns. The police use such erratic driving behaviors, or distinctive patterns as a basis for a police stop to check the driver’s sobriety.

Some driving behaviors that indicate impaired driving:

• Weaving
• Swerving
• Almost striking another vehicle or object
• Stopping problems
•  Driving too slow
• Driving without the headlights on at night
• Following too closely
• Turning with a wide radius

The NHTSA teaches the police that the above cues predict a driver is driving under the influence (DUI) at least 35% of the time. If an officer, however, observes weaving cues along with any other cue, the probability of DUI jumps to at least 65%. Further, some cues such as swerving, and accelerating for no apparent reason have a single-cue probability greater than 70%.

Police officers are taught that the probability of DUI increases substantially whenever a driver exhibits one or more of the above cues.

If you display any of the above patterns and a law enforcement officer is nearby, don’t be surprised if you are pulled over on suspicion of DUI because the police have received specialized training to keep an eye out for any of the aforementioned driving patterns.

Arrested for DUI in Miami? Contact me, Attorney Jonathan Blecher for a strong defense. Not only am I a former prosecutor, but I have more than 30 years of legal experience and have successfully defended over 3,000 DUI cases. Contact my office to schedule your free consultation!

Holiday Drinking: More Problems than a Hangover

With Thanksgiving, Christmas and New Year’s coming up we should all be aware of Florida's DUI laws. If you drink, please do so responsibly.

Did you know that it takes very little alcohol to put an average-sized man over a .08? Two martinis will do the trick. And for a woman, two glasses of champagne in an hour is enough to put her over the top. What that can mean is that a lapse in judgment or simply being in the wrong place at the wrong time (DUI roadblock, for example) can earn a set of silver bracelets and a ride to jail for Christmas.

Here are some things you should know:

Florida's administrative suspension laws will affect your driving privileges if you refuse the breath test or blow over a .08. There is also a 10 day time limit for filing an appeal of this suspension. Any conviction for DUI results in a permanent criminal record and can never be sealed or expunged.

There are a number of other consequences that flow from a DUI arrest/conviction such as fines, probation, DUI school, a possible ignition interlock device and guaranteed increased insurance rates.

Do I Take The Breath Test?

Having a .08 BAC you will set in motion an immediate DHSMV suspension of your driving privileges for six months and refusing the test will result in a suspension period of one year. DHSMV will impose an 18 month DUI refusal suspension, with no permit, for a second refusal. It's also important to know that a second refusal can be added as an additional charge punishable by up to one year in county jail.

Defenses to DUI Cases

There are dozens of valid legal defense to any DUI charge. I can determine which of those may be applicable in your case. I have had great success over the years while defending over 3,000 DUI and suspended license cases.

Jonathan Blecher is a former state prosecutor and a criminal defense attorney with offices in the Downtown Dadeland area. He has 31 years of criminal law experience. Contact Jonathan Blecher to schedule an appointment to learn more about any Miami DUI arrest.

You're Not Paranoid - Police ARE Out to Get You

It's that time again to remind everyone that you are not paranoid - the police are out to get you.

Police are looking more steadily and diligently for drunk drivers than usual. And, it's not against the law for them to do so. In Florida, with our huge tourist population swelling in the Winter, police significantly step up their surveillance for drunk drivers during the holidays --- with a determination that borders on militarism.

Watch out for roadblocks, checkpoints, driver license checks, roving patrols and police using any lame excuse to justify a stop. Police will saturate areas where people tend to congregate to party. Places like Coconut Grove, South Beach and Brickell Avenue in Miami-Dade and Las Olas Boulevard in Fort Lauderdale are like shooting fish in a barrel for police.

So, when a client is arrested for DUI and calls me, I remind them that --- yes, the police were in fact looking for them to drink and drive (though not by name or personal knowledge) --- and, yes, I (the defense attorney) will do my job and make sure their 4th, 5th and 6th Amendment rights are protected during this traumatic judicial process.

Limited Medical Marijuana Bill in Florida

The Florida Legislature passed a bill nicknamed "Charlotte's Web" in June 2014, after the House approved an amended version of the Senate bill by a 111-7 vote. The Senate bill, SB 1030 "Low-THC Marijuana and Cannabis" by Sen. Rob Bradley (R-Orange Park), originally would legalize a non-euphoric marijuana extract, known as "Charlotte's Web," to treat children who suffer from intractable epilepsy. The House sponsor, Rep. Matt Gaetz (R-Shalimar), amended the SB 1030 on the House Floor to add language to cover cancer, persistent muscle spasms, and other chronic conditions. Authorized patients will also be allowed access to the non-euphoric drug through oil or vapor form, but it may not be smoked.

The bill was amended to increase the number of dispensaries organizations (from 4 to 5) to ensure reasonable statewide accessibility, and one each in the following regions: Northwest Florida, Northeast Florida, Central Florida, Southeast Florida, and Southwest Florida. Also, language was added that would require an application form and annual license fee for the dispensaries to be developed by the state Department of Health. Applicants for the dispensaries must possess a certificate of registration from the Florida Department of Agriculture & Consumer Services that is issued for the cultivation of more than 400,000 plants and must be operated by nurserymen who have been registered in Florida for at least 30 years. The dispensary applicants must show they can cultivate non-euphoric marijuana, have suitable financial stability, and perform background checks on its operators.

Search Warrants: When Can an Officer Legally Search Your Property?

We’ve all seen it on crime shows. An officer goes to search someone’s home or vehicle, the suspects scoffs and says, “You can’t do that!” and then the officer  proudly flashes a warrant and proceeds with the search. Or, the officer wants to carry out a search, the suspect smugly says “Got a warrant?” and then the officer scowls, forced to walk away until he or she can return with that piece of paper. In reality, it’s not that cut-and-dried. While an officer is generally required to obtain a search warrant before he or she can search a suspect’s property, there a many exceptions to this rule. In order to properly protect your rights, it is important that you fully understand how search warrants work and what officers’ liberties and limitations are with these warrants.

First, let’s talk about what a search warrant is. When an officer has probable cause to believe that a suspect has engaged in criminal activity and that a search of that person’s property will produce evidence of that activity, the officer can seek a search warrant from the court. If the officer is able to convince the judge of the probable cause, the search warrant will be granted. The officer will have to limit his or her search to the location, date and time (or time range) that is listed on the warrant. For example, if the search warrant is for a suspect’s backyard, the officer cannot search the person’s home as well (unless one of the exceptions applies). The officer will also be limited to what he or she can search for. For instance, if the search warrant is for weapons, the officer cannot also start carrying out a drug search. The officer would only be able to lawfully seize illegal drugs if he or she found the drugs through the reasonable course of the weapons search, or if the drugs were out in the open.

Here are a few of the many exceptions that may allow an officer to search or seize your property without a search warrant:

• The contraband is in plain view from an area where the officer has a right to be (such as when a gun can be seen through a vehicle window, or when marijuana plants can be seen in a backyard from the street or alleyway, or from a helicopter flying above).
• The search is conducted in connection to an arrest.
• The officer needs to enter or search a property in an emergency situation, and public safety or the need to avoid the immediate loss of key evidence outweighs the absence of a search warrant in that moment (such as when an officer hears cries for help coming out of a home, or when the officer finds contraband while tending to an injured motorist).
• An officer lawfully stops a vehicle and there is probable cause that a vehicle contains contraband.
• The suspect willingly consents to the search (even if the officer doesn’t have a required search warrant).

If an officer carries out an illegal search or seizure of property, there is a good chance that the court will bar it from being used in court. This oftentimes leads to charges getting dismissed or greater likelihood of a “not guilty” verdict. If you have any reason to suspect that your Constitutional rights were violated in the search or seizure process, take action now by giving my firm a call! As a Miami DUI attorney who has more than 30 years of experience, I can provide you with excellent defense. I handle DUI cases, as well as other types of criminal cases. Contact Jonathan Blecher, P.A. and get high-quality defense!

Jonathan Blecher, P.A. to be Guest on Local Radio Show

For another holiday season, I have been asked to appear as a guest on a local radio program. Each year, I have the pleasure of appearing on Fried on Business, which airs every Thursday from 5:00 – 6:00 p.m. on 880AM-The Biz, which is Miami’s Bloomberg Radio affiliate. Fried on Business is Jim Fried’s radio program where I speak with his listeners as a legal consultant on criminal law and DUI defense. My next appearance will air on December 4, 2014.

The theme of this episode will focus on charges of driving under the influence (DUI) and the business aspects related to it since, with the holiday season ahead, DUI enforcement will increase. During this broadcast, I will discuss various aspects DUI charges in relation to this season of the year.

Listeners will learn about their rights pertaining to:

·         Chemical testing (blood, breath, and urine testing)

·         Driver license suspensions

·         Roadside sobriety tests

·         DUI sobriety checkpoints

On a previous episode, listeners were curious about the DUI penalties in Florida and what will take place if they are arrested. Another topic that I will likely discuss is the long-term effects of a DUI conviction on an individual’s life, such as the impact on:

•          Future employment opportunities
•          Increased insurance premiums
•          Deportation (If not a U.S. citizen)

If you have been arrested during the holidays, or are taking proactive measures to avoid a DUI arest, you will want to tune in to 880AM-TheBiz on December 4, 2014 from 5:00 – 6:00 p.m. 

Colombian Minister of Health: "Alcohol May Be More Dangerous Than Marijuana"

"Alcohol may be more dangerous than marijuana," said Thursday the Minister of Health of Colombia, Alejandro Gaviria , reiterating the government's support to an initiative being debated in Congress to allow the medical use of cannabis.

At a hearing in Bogota  that started the four debates needed to pass the bill, Gaviria said that "marijuana may be safer than alcohol if one takes into account all the results of public health" and cited a study published three years ago by the British medical journal The Lancet.

"We will give an evidence-based debate," he insisted.

The bill proposed by the ruling Liberal Party Senator Juan Manuel Galán, son of presidential candidate Luis Carlos Galán, murdered by drug traffickers in 1989, has the backing of President Juan Manuel Santos .

"We welcome the initiative on medical and therapeutic use of marijuana. Understand it to be a practical, compassionate measure to reduce pain and anxiety of patients with terminal illnesses," he said in August.

Several lawmakers of the Democratic Center, the main opposition party led by former President Alvaro Uribe, and Attorney Alejandro Ordóñez, to monitor public officials reject the rule that argues that could open the door to full legalization of drugs.

"This bill seeks to regulate the medicinal and therapeutic use of cannabis , which has nothing to do with recreational use," said Galán to reporters .

In Colombia, consumption and sale of marijuana is prohibited. However, in 2012 the possession of 20 grams of cannabis is decriminalized personal dose.

Dispelling Miranda Rights Myths

Television and movies have made us all well-aware of the Miranda warnings that officers read off to suspects as they are being arrested. They go something along the lines of this:

“You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” (Courtesy of the U.S. Courts website)

While these warnings actually are read to arrested individuals in real life, there are a few misconceptions about the Miranda warning that need to be addressed.

Before delving into these misconceptions, let’s take a look at why the Miranda warnings exist and how they came to be. The purpose of the reading of these warnings is to protect people’s Fifth Amendment right against coerced self-incrimination when they are being questioned by officers while they are in custody (usually once they have been arrested). It is also meant to protect individuals’ Sixth Amendment right to an attorney. The Miranda warnings specifically apply to custodial interrogations, or questioning of a person in the custody of law enforcement and their freedom is limited. The idea is to inform the suspect that they are not legally required to answer officers’ questions; that if the individual does choose to speak, his or her statements can be used as evidence in court; and that he or she can choose to consult with an attorney, and to have one present, before talking to law enforcement.

The Miranda warnings became part of an arrest and interrogation protocol from the 1966 U.S. Supreme Court case Miranda v. Arizona. In this case, the Supreme Court of the United States ruled that officers must warn detained individuals of their rights as outlined above before they are subject to custodial interrogation. The Court also ruled that a failure to provide such warning (or any violation of the person’s Fifth or Sixth rights) will lead to the person’s statements being deemed inadmissible in court—even if those statements indicate guilt. For more information about the Miranda v. Arizona case, click here.

Many people falsely believe that an officer failing to read a suspect his or her Miranda warnings at the time of arrest means that the arrested person cannot be convicted. This is not necessarily true. A failure of an officer to recite the Miranda warning simply means the suspect’s statements made in the custodial interrogation cannot be used in court as evidence. Oftentimes, this equates to the case being dismissed or the defendant winning the case, due to insufficient evidence. However, in some cases, there may be other strong evidence that is used to reach a conviction, even without the defendant’s inadmissible statements.

Another misconception is that individuals need to be read their Miranda warnings in any type of questioning—even pre-arrest or pre-custodial questioning in which the person willingly cooperates with the investigation. In these types of interrogations, the person being questioned is not being held in custody and therefore has the freedom to walk away from the interrogation at any time. Considering this fact, it is not mandatory for officers to warn these individuals of their Miranda Rights in these types of situations.

My name is Jonathan Blecher, and I am a Miami DUI lawyer with more than three decades of experience. If you believe that you were not properly read your Miranda warnings or that your Constitutional rights were violated during the arrest/interrogation process, do not hesitate to contact myfirm. I provide defense in cases involving DUI arrests and many other types of criminal charges.

Profiled as a Disc Golfer: When Do Police Have the Right to Search Your Car?

 "I need you to answer me a question. Why is it that everybody that plays Frisbee golf smokes weed?"

This would be an impertinent question when put to any disc golf enthusiast. When it is asked by a police officer during a routine traffic stop, it moves from rude to threatening.

This is exactly what happened to an Ankeny, Iowa resident when he was pulled over by local police officer Aaron King. The traffic stop was captured on video and uploaded to YouTube under the title "Ankeny, Iowa."

Officer King pressed the driver repeatedly, saying, "you can't tell me you never smoked weed before." His questions became more insistent and pointed. "How much weed do you have in the car today? Nothing at all? Nothing on your person?" Eventually, King asked how much weed he would find if he searched the car.

The driver continued to calmly tell King that he did not have any weed with him or in his vehicle. Toward the end of the conversation, the officer said, "You understand, you are free to go, but you wouldn't have a problem with me looking through your car?"

The driver declined. Under your Fourth Amendment rights, you are protected from unreasonable searches. A traffic stop is not legal reason enough to search your car; this is why the officer asks permission.

Profiling laws vary from state to state and are mostly voluntary. Most written laws also deal with race. While there's no specific legal protection for disc golfers, the presence of a disc golf bag is not evidence of a crime, and thus not legal justification for a search.

Officer King eventually relented and the video ends with him walking away. After the video appeared online, the police department apologized on their official Facebook page. The Chief of Police said that the video was being reviewed.

Here is the official apology from the Ankeny Police Department:

"...The officer engages the driver in a line of questioning that is foolish and not representative of the Ankeny Police Dept.’s training or interactions with the public. This verbal exchange did not meet the level of professionalism expected of Ankeny police officers. Ankeny Police Chief Gary Mikulec respectfully apologizes for the officer`s demeaning statement..."

The video is not just an example of an officer behaving unprofessionally. It is a perfect example of what to do if you are stopped. If you are stopped by police:

• You have the right to refuse to consent to a search of your car or a search of your person. However, if the officer believes that you car contains evidence of a crime, he or she can search your car without your consent.
• You and your passengers have the right to remain silent if you do not wish to answer questions. Tell the officer out loud that you are choosing to exercise that right.
• If you are arrested, you have the right to have a lawyer's assistance. As for one immediately if you are arrested.
• If you are not being arrested, you have the right to leave. Ask the officer, "Am I being detained?"

While cops are allowed to ask questions, you do not have to comply with their requests. Know your rights and how to defend them. By protecting your privacy calmly, you can protect your freedom.

Tampa Sherriff's Department Gave Legal Advice to DUI Suspects

My colleagues at the Sammis Law Firm in Tampa, Florida alerted me to this practice by the Hillsborough County (FL) Sheriff's Office. It appears that the sheriffs took on a new role as legal advisors for their arrestees by handing out this flyer.

While nothing in the flyer is wrong, it’s incomplete and does not explain to the arrestee all of their legal options and secondary ramifications of electing to waive a formal review of the license suspension. And since when are police authorized to deliver legal advice to their prisoners?

What's Missing from This Notice?

It says nothing about the downside to electing to waive the formal review hearing. Waiving the Formal Review Hearing will result in a suspension for 6 months for a breath test over .08% and one year for a first refusal to submit to a chemical test.

It says nothing about the fact that this suspension will appear on your Florida driving record and could affect employment and insurance coverage. Some companies will treat the suspension as if it were a DUI conviction (which it's not) and not renew coverage.

It says nothing about the right to a formal review hearing to contest the legality of the suspension and that obtaining the business permit right now will toss that right in the garbage.

What Do You Give Up?

The Formal Review Hearing is a valuable discovery tool. The Bureau of Administrative Reviews will let us copy their entire file of police reports and breath testing/refusal. This gets me a leg up on prosecutors who won't see these documents for weeks. I also get to subpoena and take sworn statements of the police officers involved affording us a great opportunity for impeachment at a later time.

Since When Are Police Allowed to Dispense Legal Advice?

When my clients ask the police at the breath testing facility if they should take the breath test, the police invariably advise that they can't offer an opinion or give them advice. They tell my clients that if they refuse, their license will be suspended, which is all the law requires of them.

If a paralegal in my office were to give specific and material advice to a client about a legal matter, they might be subject to laws relating to the unauthorized practice of law. In these cases, the police are an adverse party who should steer clear of any advice or acts which could affect valuable legal rights.

Jonathan B. Blecher Named One of the "10 Best" Florida DUI/DWI Lawyers

Miami, Florida attorney Jonathan Blecher has been honored by the American Institute of DUI/DWI Attorneys (AIDUIA), having been named one of the 10 Best Florida DUI lawyers. This is no small honor, since attorneys must meet extensive qualifications in order to make this list. The selection process involves nomination by at least one practicing attorney, as well as independent research by the AIDUIA team.

Attorney Blecher’s nomination alone is enough to show his dedication and commitment to DUI defense, as well as his recognition among his peers. He has proven himself to be a leader in his industry who is highly rated by clients and peers alike.

To be named one on of the “10 Best,” Attorney Blecher holds a perfect 10-out-of-10 rating for client satisfaction, with no negative feedback or complaints with the bar. He also meets the requirements of possessing an advanced degree, receiving awards, being involved with professional associations, being published, and having spoken publicly in his field. Lastly, he was approved by the AIDUIA Board of Regents, resulting in his selection to the 10 Best list.

Attorney Blecher recognizes what an honor it is to receive this recognition from the AIDUIA. His desire is to continue providing excellent counsel and outstanding DUI defense representation for each client who walks through his doors.

Licensed for over 30 years, Mr. Blecher focuses his practice at Jonathan Blecher, P.A. on DUI defense. He is rated AV-Preeminent® by Martindale-Hubbell®. His "Superb" 10.0 out of 10.0 rating on Avvo.com, a professional attorney ratings directory, from both clients and peers speaks to his superior qualifications. He has been named as one of Florida's Legal Elite, by Florida Trend Magazine and has been recognized as a Top Rated Lawyer in South Florida and a Top 100 Criminal Trial Lawyer in Florida by The National Trial Lawyers.

Jonathan Blecher, P.A. is located in the Pinecrest/Dadeland area of Miami, Florida. Mr. Blecher can be reached at (305) 707-0036.

The History of DUI Laws in the United States – 1960 to 1990

Driving while intoxicated is not a new problem. In fact, it's practically as old as the automobile itself. In this blog, we've been looking at the history of DUI laws and enforcement over the past weeks, beginning with the first such U.S. laws in 1907. The decades between 1960 and 1990 brought substantial changes both in how law enforcement deals with DUI offenses and also in public opinion.

While alcohol-related traffic accidents still account for more than 40 percent of all traffic fatalities in the United States, according to the National Highway Traffic Safety Administration (NHTSA), the number of traffic deaths has been reduced dramatically over the past 50 years.

MADD and DUI Laws

This shift is, in large part, contributable to one California mother's passion and loss. Candy Lightner started Mothers against Drunk Driving (MADD) in 1980 after her 13-year-old was struck and killed by a drunk driver with previous DUI convictions while she was walking home from school. Lightner and MADD worked diligently to change America's DUI laws and raise public opinion about the seriousness of drinking and driving. MADD is largely responsible for the lowering of the legal blood alcohol limit to .10% from .15% and a few years later to .08%. (Today's limit is .05%.) The organization also pushed for "zero tolerance" legislation for drivers under the age of 21. Such laws made it illegal for young drivers to operate a vehicle with a .01% or greater blood alcohol level.

MADD was also successful in lobbying Congress to raise the national drinking age, resulting in the minimum drinking age being raised from 18 to 21 years in 1984. Largely as a result of MADD's activity, 700 new drunk driving laws were passed in the United States between 1980 and 1985.

Student against drunk driving (SADD), formed in 1981, was another force in changing how young people look at drinking and driving. Today, this peer-driven group has 10,000 chapters in middle schools, high schools and colleges throughout the United States.

Drunk driving began to be taken seriously during the 1980s, both by citizens and by law enforcement. That work continued into the 1990s and beyond. In our next post, we'll look at how DUI laws changed from 1990 to the present day.

This is the third post of a four-part series on the history of DUI laws in the United States and their enforcement. Last time, we talked about DUI laws in the post World War II era. We hope you'll visit again over the next few weeks as we discuss how DUI laws in the United States have evolved over the past decades.

The History of DUI Laws in the United States – 1930 to 1960

The end of prohibition in 1933 brought alcohol back to American living rooms and restaurants. In addition, the gradual end of the Great Depression meant more average Americans were able to buy automobiles, often for the first time. This combination increased the number of alcohol-related accidents and re-focused America's attention on the problem of drinking and driving.

One of the most notable such accidents of that era involved best-selling author Margaret Mitchell, whose Civil War era novel, "Gone with the Wind" had earned her more than $1 million in royalties. Ms. Mitchell was crossing the street near her Atlanta home in 1949 when she was struck by an off-duty taxi driver motoring down the wrong side of the street. She died of her injuries several days later. The driver later admitted to having had several drinks.

Measuring Blood Alcohol Levels

The first DUI laws in the United States prohibited driving drunk, but left it up to the arresting officers to determine what "drunk" meant. It wasn't until 1938—more than 30 years after the first DUI laws were enacted--that legal blood alcohol levels were set. The first breathalyzer, called the "drunk o meter," was created by Indiana University professor Rolla N. Harger in 1931. This early, balloon-like device would change color if a person's breath contained alcohol. (The present-day breathalyzer test was invented in 1954 by an Indiana State Police Captain.)

This era also saw the American Medical Association get involved in drinking, driving and public safety. They created a Committee to Study Problems of Motor Vehicle Accidents in 1938. This committee was partially responsible for setting the legal blood alcohol level at .15 and below. Indiana took this information and enacted the first Blood Alcohol Content (BAC) law in 1939.

As the "Mad Men" era of the 1950s and 1960s ended and with it much of the "glamor" of excessive drinking, organizations like MADD and SADD began to have political clout. In addition, DUI laws began to become more stringent as public opinion shifted to favor such laws. In our next post, we'll look at how DUI laws changed from 1960 to 1990.

This is the second post of a four-part series on the history of DUI laws in the United States and their enforcement. Last time, we talked about how DUI laws began in this country. We hope you'll visit again over the next few weeks as we discuss how DUI laws in the United States have evolved over the past decades.

The Early History of DUI Laws in the United States

Alcohol-related traffic accidents account for more than 40 percent of all traffic fatalities in the United States, according to the National Highway Traffic Safety Administration (NHTSA.) To help combat this alarming statistic, all 50 U.S. states have laws against driving under the influence of alcohol or other controlled substances (DUI). Sometimes also called DWI (driving while intoxicated) or OVI (operating a vehicle while intoxicated), these laws first started to appear in the early part of the 20th century. Today, nearly one in every ten criminal arrests in the United States is for DUI, according to the NHTSA.

History of DUI Laws

The problem of driving while intoxicated is nearly as old as the automobile itself and is not specifically an American problem. In fact, the first DUI arrest occurred in London in 1897, according to History.com, when George Smith ran his cab into the side of a building. (He pled guilty and was fined 25 shillings.) In the United States, Massachusetts was the first state to enact a DUI statute, in 1907.

They were followed by California and New York State in 1910. The other 45 states (at that time) followed soon after that. Early laws prohibited driving while intoxicated, but didn't define what that meant. It wasn't until nearly twenty years later that the first blood alcohol limit was set.

Prohibition and DUI Enforcement

Prohibition in the United States, which lasted between 1920 and 1933, helped to reduce (but not eliminate completely) driving under the influence in the United States. Perhaps even more effective at controlling the problem in this era was the stock market crash of 1929 and the Great Depression that followed. This forced many Americans to give up their cars or put off buying one for more than a decade.

The repeal of the Volstead Act in 1933 ended prohibition and made drinking alcohol legal again in the United States. As more and more Americans became able to afford an automobile, the problem of drunk driving began to rear its ugly head again. In our next post, we'll look at how DUI laws changed in the prosperous post-World War II era.

This is the first post of a four-part series on the history of DUI laws in the United States and their enforcement. We hope you'll visit again over the next few weeks as we discuss how DUI laws in the United States have evolved over the past decades.

How Do I Get Out of Jail after an Arrest in Florida?

After an arrest, you will be placed in custody, initially in a holding cell at the police station, and later transferred to another facility. After your arrest, you must be arraigned, which is when formal charges are filed against you. At the arraignment, the issue of bail may also be addressed. For some crimes, there is a special hearing to set bail. It is not advised that you appear at your arraignment or a bail hearing, or any court appearance without a lawyer, as the bail amount set by the judge could be too high for you to afford.

Your lawyer can submit information about you, your character and why you could be released on your own recognizance – with no bail amount due. If bail is required, you want it to be as low as possible so you can afford it and return to your home and family. The only way to get out of jail in these cases is to post bail. There are bail bondsmen that are in the business of providing the amount of bail you need, and expect about 10% of the amount to be paid to them to provide this service.

Under the Constitution, bail cannot be excessive, or to punish you for the crime it is alleged you committed. Bail amounts vary, and a good lawyer can usually negotiate it down to a reasonable amount, and can also connect you with a bail bond service so you can get out as quickly as possible.

Contact Jonathan Blecher, P.A. in Miami for more information about getting out of jail after an arrest.

If My Criminal Record Is Expunged, Do I Ever Have to Admit That I Have a Criminal Record?

There are many life situations that will require you to admit to a criminal record, such as applying to attend certain colleges or schools, when applying for a professional license, for loans and others. If you have been convicted of a crime, you are required to admit it on the form, which could make you ineligible.

Once your criminal record has been expunged, you no longer have to admit to your record while filling out forms. Police have access to criminal records that have been expunged, but other members of the public don't – including prospective employers. You no longer have to admit that you have been arrested, charged or convicted, once your criminal record has been expunged.

There are certain jobs that still require you to disclose that you have a criminal record, such as working as a government employee. If you are concerned about whether you are safe from having to admit to an arrest or conviction in a case that was expunged or sealed, talk to a lawyer who can advise you, based upon what type of job or license you are applying for. Generally, you do not have to admit that you have a criminal record once it is expunged or sealed.

Find out more about expungement from our Miami attorney, Jonathan Blecher, P.A.

How Can I Find Out if There Is a Warrant for My Arrest?

Are you worried that there is a warrant for your arrest? If there is, you are at great risk, as you can be picked up anywhere, anytime, and taken into custody. To find out if there is an outstanding arrest warrant, you can search the Miami-Dade police website.

Not everything is listed on this site. Most people worried about arrest warrants get help from an attorney who will find out if there is a warrant, and if so, take action to get it resolved before an arrest is made. A warrant could be issued for unpaid fines and tickets, a failure to appear in court when ordered, and probation violations, as well as for misdemeanor or felony crimes.

There can be some trouble finding a warrant that actually exists, as there are many ways there could be an error in spelling a name, and all data entered in a computer is done by human hands. You could search the site and believe there is no warrant, only to be picked up later. It isn't worth taking a chance.

If you are concerned and believe there could be a warrant for your arrest, you know there is some kind of situation that needs to be resolved. Make the choice to contact a lawyer to find out for you, and to take any defense action that could assist you to avoid an arrest and charge for a criminal offense. Early intervention by a lawyer could be what saves you from a very unpleasant and dangerous legal situation.

Click here to get help from a Miami lawyer from Jonathan Blecher, P.A.

Police Union President Weighs in on Body-Mounted Cameras

I recently blogged about a move by Miami-Dade County Mayor Carlos Gimenez to phase in the implementation of body-mounted cameras on Miami-Dade County police officers (MDPD). Already, the Miami Beach Police Department reeling from dozens of cases of abuse by officers, is moving ahead to require body-mounted cameras. Follow this LINK to a report by Miami ABC affiliate Local10.com.

PBA Union President John Rivera, a bull-nosed, blue-line advocate doesn't want them. Why would cops want transparency, anyway? Take a look below at his interview with Carlos Miller, web blogger with PINAC (Photography is Not a Crime).

 And now, for a quick follow up to this story. Last week South Carolina State Trooper stopped a man for a seat belt violation asked him for his license. With no provocation, or weapon , the trooper shot at the man four times, hitting him at least once. One of the shots came AFTER the man had his hands in the air.This happens daily in the US without cameras. A badge has become a de facto license to kill. Forget about the elite, polished, pinnacle of evolution and decades of unparalleled training: the James Bond archetype, today in America any C or D student with HS degree and a fratboy's mentality can kill at will with the imprimatur of both the state and federal government.

Driver Licenses for the Undocumented in Florida

Currently, nearly 1 million drivers in Florida can't get a license to drive, much less a car insurance, because Florida law requires federal immigration status to be eligible to apply.

If Florida requires every driver to apply for a Driver's License, all Floridians will benefit from:

• Safer roads because all drivers will be required to take a driving test
• More drivers will be covered by car insurance
• Lower insurance premiums for all Floridians
• Increased revenue to our state because there will be new drivers paying fees to register their car, take a driving test and renew their tag
• A boost to our local economy because licensed drivers can more easily purchase vehicles and car insurance

All Floridians should be able to drive their kids to school, go to church or visit the doctor, and do so on safer roads. It makes sense.

It makes so much sense that 11 other states have passed similar legislation to make driver’s licenses a requirement for all drivers: California, Colorado, Connecticut, Illinois, Nevada, New Mexico, Oregon, Utah, Vermont, Washington, Maryland and Washington D.C.

Sign this petition today so that we may all drive safe in the Sunshine state!

New York Poised to Legalize Recreational Marijuana?

With New York State adding itself to the list of 23 states where medical marijuana is legalized by statute or constitutional amendment, there's indications that they may take the next step and propose legislation to legalize recreational use. That would mean opening the marketplace to retail sales. The financial impact of that would be staggering in a state as large as NY.

I have long been a proponent of responsible use and retail sales to adults and I join the fight with the NORML Legal Team to accomplish this.

Read more about this breaking topic here: http://www.cannabisbusinesstimes.com/new-york-legalize-recreational-marijuana-2015/

MADD Pushes Connecticut Legislature on IID

Ignition interlock devices (IIDs) have been required for all convicted DUI offenders in Connecticut since 2011, even for first offenders. However, first-time offenders who chose to complete a first-offender diversion program are not mentioned in the laws regarding first-time DUI offenders. Connecticut SB 465 makes it clear that IIDs are still required for first-time offenders who choose to enter diversion programs.

In Florida, not all counties have diversion programs for first offenders. Only Miami, West Palm Beach, The Florida Keys, Gainesville and Orlando have such programs. Most, if not all of them, require an ignition interlock device for a specified periods as a condition of the program, though without uniformity between jurisdictions. Oddly enough, only first offenders who are actually convicted of DUI (whether by plea or trial) are required to have an IID ONLY if their BrAC was over a .149 or they had a minor in the car at the time of the arrest.

Interestingly, MADD pushed long and hard for the Connecticut Legislature to close the loophole in their laws, which allowed diversionary DUI cases to avoid the IID. Yet, on the MADD website's FAQ page the following appears:

"Does MADD advocate for ignition interlocks in all cars? 

No. MADD advocates requiring ignition interlocks only for convicted drunk drivers with an illegal blood alcohol concentration of .08 or greater."

Florida DUI Penalties

For people convicted of a DUI in Florida, the penalties may be far more severe than you think. This is true whether the conviction is for a first-time DUI or for multiple DUI convictions. Florida Department of Highway Safety and Motor Vehicles data shows that there were more than 30,000 DUI convictions during 2011, the result of more than 55,722 citations for DUI. Understanding the potential penalties of a conviction is important if you are charged with DUI.

First Convictions Are Still Devastating

The penalties for a first DUI conviction are very severe and have serious financial consequences. The overall cost of a first DUI conviction can be as much as $8,000 when you combine fines, legal costs and administrative costs. A Miami DUI Lawyer can help.

A typical first DUI conviction can result in:

·         Fines – You may be expected to pay fines of a minimum of $500 for a first conviction.

·         Community Service – Sentencing includes community service requirements of at least 50 hours.

·         Probation – A DUI conviction will result in probation of up to one year.

·         Jail – A court may order a county jail term of up to six months for a first conviction.

·         License Suspension – A first DUI conviction will result in a suspension of driving privileges for at least 180 days.

·         Substance Abuse Classes – A DUI conviction will require you to take a 12 hour DUI course, and counseling, if required by an evaluation.

·         Ignition Interlock Device – A judge may order an interlock device for a first DUI conviction.

In addition to these penalties, chances are a conviction will also result in an increased auto insurance. This increased rate will likely remain on your insurance for at least one year and as much as three, which means this particular consequence will be an ongoing expense. If you lose your driver's license, you may also be facing problems with your employment, if driving was a necessary part of your job.

When you are arrested for a DUI in Miami, it is important that you contact a DUI attorney in Miami Florida for assistance. An attorney can help you mount a successful defense and avoid facing harsh penalties.

Miami DUI Attorney Jonathan Blecher has over 30 years of experience representing clients in DUI cases with positive results. Call our office or sendus an email to schedule a free, no obligation consultation.