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.