Florida Man Hits Pedestrian, Charged With DUI Manslaughter

COOPER CITY, Fla. – A Cooper City man who was arrested for driving under the influence is now facing additional charges after allegedly running over a pedestrian who was out late walking his dog.

The victim’s ex-wife called the victim a great father, a great son, and a “great guy.” Everybody loves him, said B. Ledesma.

A man suspected of drunk driving struck R. Wimpey, 52, as he walked his dog just steps away from his Cooper City apartment.

As Wimpey was receiving treatment at the hospital, his family was hopeful that he would survive his injuries, but now that his body succumbed to them, they are devastated.

Ledesma said Wimpey’s mother is 80 years-old and his daughter is 18. His daughter is already asking Ledesma about who’s going to walk her down the aisle when she gets married. She’s asking, “Who’s going to see my grandchildren?”

The accident happened in the early morning hours of Sep. 11, shortly after 1:00 a.m. Wimpey took his dog, Ana, out for a walk, and he made sure that she was wearing a yellow, reflective vest so as to be seen by motorists.

According to police, Wimpey’s neighbor, M. Smith was driving under the influence of alcohol when he struck Wimpey at the corner of SW 52nd and 90th Way.

One of the neighbors, E. Gonzalez, told CBSMiami that she heard a skid around the corner and knew that someone was going a little bit too fast.

Another neighbor, M. Marcais, said that heard the screaming and crying, and that he noticed the dog, Ana running around.

Smith did not flee. Instead, he remained at the scene until he was arrested on DUI charges. Meanwhile, Wimpey was transported to a local hospital where he received treatment for a broken leg, a collapsed lung, and a traumatic brain injury. Eleven days after the accident, Wimpey died as a result of his injuries.

Smith was re-arrested on Sep. 30 on new charges and appeared at Broward County Court. Smith has been charged with DUI manslaughter and vehicular homicide.

Need a Miami DUI attorney?

If you’re facing DUI charges in Miami-Dade County, you need an aggressive defense attorney. As a former prosecutor who is not only a member of the National College for DUI Defense, but selected for inclusion in Florida’s Super Lawyers®, I have the qualifications you need for a strong defense!

Call Jonathan Blecher, P.A. to schedule your free case evaluation!

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! 

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!

What Does DUI or Driving Under the Influence Mean?

There are many dangers associated with the act of driving under the influence (DUI). In addition to the dangers of causing an accident or suffering injury, the driver can face criminal penalties. Not all drivers who have been charged for drunk driving, however, are actually guilty. At Jonathan Blecher, P.A., I offer my experienced representation to help defend individuals charged with DUI.

DUI stands for driving under the influence, which is the term that the state of Florida uses to explain the crime of driving while intoxicated with alcohol or drugs. Any driver who is suspected of being in physical control of the vehicle can be charged with DUI under the state’s statute § 316.193.

There are different ways that “impaired” driving can be proven. If you have a blood alcohol content level of 0.08% or higher, prosecution will have a solid case against you. Other methods, such as field sobriety tests, can be used as tools against you by prosecution to prove your guilt. These, however, can be defended with a knowledgeable Miami DUI attorney who understands the state's DUI laws.

What is the impact of a DUI conviction on my life?

Drinking and driving is seen as a dangerous crime, and for that reason, the penalties carry a high degree of intensity. The state of Florida carries extensive penalties for individuals charged with DUI that can affect the alleged offender’s driving ability, job, and family. Even for just a first-time offense, the state imposes certain mandatory penalties for those who are convicted.

With the life-changing penalties that you can experience with a conviction, you do not want to risk a guilty plea. You will need to establish a strong defense method with the assistance of a knowledgeable attorney by your side. Contact my firm right away so that I can begin building a workable solution for your particular case. I am here to defend your rights and protect your future!

2nd DUI in Miami

Are you looking for an attorney for a 1st DUI offense in Miami? I will deliver world-class DUI defense representation from a lawyer with a long track record for successful case results. I have devoted my career to the field of DUI defense, and I am very passionate about helping the criminally accused so they have the opportunity to effectively challenge their DUI charges in court.

If this is your first DUI, you are likely curious about what you are up against, and reasonably so. DUI charges are no joke, a conviction can have life-altering consequences. Since most people who are arrested for DUI are normally law-abiding citizens with a lot to lose, I have made it my life’s work to help defendants in every way possible. This way, they can put this in the past and move on to the next chapter in their lives.

The following are the DUI penalties for a first DUI offense in Florida:

• Up to $1,000 in fines, plus court costs
• Mandatory 50 hours of community service, or fine of $10 for each hours of community service required
• Up to 9 months in jail
• 10 days vehicle impoundment
• Maximum 1 year license revocation
• Must complete DUI school

Under § 316.193, F.S., DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances), you cannot drive with a blood alcohol level of 0.08% or above. In Florida, commercial drivers cannot drive with a BAL of 0.04% or above, and drivers under the age of 21 cannot drive with a BAL of 0.02% or above.

If you are convicted of DUI for a first offense and your BAL was 0.15%, or if you had a minor in your vehicle, you will be required to have an ignition interlock device (IID) installed in your vehicle for at least six (6) months.

Lawyer for a 1st DUI in Miami

Florida has some of the toughest DUI laws in the United States; therefore, your choice of attorney for a 1st DUI in Miami is critical to the success of your case.

Here are just a few reasons why clients choose to work with my firm:

• I have over 30 years of experience in DUI defense.
• I have successfully defended over 3,000 DUI cases.
• I am a proud member of the National College for DUI Defense.
• I am AV Preeminent® Rated by Martindale-Hubbell®.

You do not have to be alone in this fight. I urge you to contact me today to schedule a free, initial consultation. I can be reached at (305) 707-0036. 

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.

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.

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!

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. 

Jonathan Blecher Appears on Radio Talk Show

I had the pleasure of being invited to appear as a guest on a local radio program, Fried on Business, which is heard every Thursday from 5-6 PM on 880AM-The Biz, Miami's Bloomberg Radio affiliate. I appear on Jim Fried's program as a legal consultant on criminal law issues, particularly DUI and the business surrounding it.

This episode revolved around DUI and the holiday season. Jim and I discussed what rights people have during a DUI traffic stop, DUI sobriety checkpoints and whether roadside sobriety exercises are mandatory, or even fair. We also talked about breath, blood and urine testing and driver license suspensions that stem from a DUI arrest.

Jim's viewer's wanted to know what the penalties are for a DUI conviction in Florida and we went into some detail on that topic. We discussed how there are potential, long-term, negative collateral consequences that could flow from a DUI conviction including strangled employment opportunities, increased insurance rates and even immigration concerns. Did you know that Canada will turn you away at the border if they discover a U.S. DUI conviction on your record, unless you undergo a 5-year rehabilitation period?

We also discussed the concerns over distracted driving, which poses an even greater safety risk than DUI. A study by Car and Driver magazine concluded that reaction time and stopping distance was more severely affected by texting and reading e-mail than it was by driving with a blood alcohol of .08.

Listen to the interview by clicking here.