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Posted On: October 19, 2009

Driver faces criminal DUI charges in Weeki Wachee bus crash

TampaBay.com is reporting that last Tuesday’s Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge.

According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed-- weaving in and out of the westbound lane of County Road 550 --- before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill’s Westside Elementary at the time of the crash. Sutton was seriously injured in the DUI crash and was taken to Oak Hill Hospital where an ER nurse allegedly found a plastic bag containing about 18 grams of marijuana in Ms. Sutton's shorts pocket.

Because she was being admitted to the hospital, the deputy gave Ms. Sutton a citation and notice to appear in court next month for possession of marijuana instead of arresting her—but the Hernando County State Attorney’s Office has 90 days to file a misdemeanor DUI or 180 days to file a felony DUI with Serious Bodily Injury case, if they choose.

This presents an interesting issue from a constitutional law perspective. Since a nurse—and not law enforcement—found the marijuana on Ms. Sutton, she does not have the same constitutional protections from unlawful searches and seizures as she would if the police had found it at the scene of the accident. Generally under Florida law, the trigger for a constitutional law violation that can result in evidence being suppressed is that some government entity was involved in the seizure. In this case, Ms. Sutton told the nurse she was wearing her boyfriend’s shorts and didn’t know about the drugs in the pocket. Regardless, to sustain a conviction, the burden will still be on the State to prove that Ms. Sutton was under the influence of drugs and/or alcohol to the extent that her normal faculties were impaired.

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Posted In: DUI , Drug Charges , Hernando County

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Posted On: October 10, 2009

Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail.

What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The lawyers at the Brooksville, FL State Attorney’s Office are currently pursuing these cases as misdemeanors. It is unclear at this time if they will ask the court to consider an enhanced charge (Third Degree Felony) due to the proximity of the alleged conduct to schools. This would be a novel approach to this sex crimes charge. Although, this type of enhancement is commonly enforced in drug sale and drug purchase cases.

In Florida, in order to prove the crime of Exposure of Sexual Organs (In a Vulgar or Indecent Manner), pursuant to Florida Statute 800.03, the State of Florida must prove:
1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another’s private property or so close to another’s private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words “indecent, vulgar, lewd or lascivious” are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.

The intent of the defendant will come under much discussion in this case as it is alleged that the defendant made the statement that "he gets a 'rush' while exposing himself." The Judge will need to determine the admissibility of that statement, truthful or not, and the tactics used by law enforcement to acquire such a comment will hopefully come under question.

There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, which is the appellate court for the counties in the 5th Judicial Circuit (i.e. Hernando, Citrus, Sumter, Lake and Marion Counties), found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a “Peeping Tom” would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.

Continue reading " Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense " »

Posted by Jason M. Melton | | Email This Post

Posted In: Hernando County , Sex Crimes

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Posted On: October 5, 2009

Hernando County Criminal Defense Lawyer Attorney Legal Update: Woman Charged with Felony Drug Trafficking

According to the Hernando County Sheriff’s Office, a young woman and employee of a local Spring Hill, FL Doctor, has been accused of ordering Hydrocodone and Xanax for personal use.

Allegedly, the Spring Hill doctor’s office contacted the Hernando County Sheriff’s Office when it discovered that painkillers had been prescribed without permission. Further investigation by the Hernando County Sheriff’s office revealed that the accused was using a fellow employee’s name when ordering the medication. The State Attorney’s Office is allegedly in possession of surveillance footage from the pharmacy involved in the transactions.

Interestingly, the accused is charged not only with Obtaining a Controlled Substance Through Fraud, but was also charged with Drug Trafficking by the SAO. The Drug Trafficking charge in Florida will dramatically change the way the Prosecutors--and certainly the Judge—will approach this case since Drug trafficking “scores” very high under the Florida Criminal Code. Prosecutors use “score sheets” to determine what type of plea offer will be made and these score sheets take into account a person’s past criminal convictions as well as the seriousness of the crime they are currently accused. In this case, drug trafficking is a very serious charge which will subject this woman to extended time in prison—and that’s not taking into consideration if she has a criminal past.

In my experience, approaching this case as a drug trafficking case is an aggressive stance for the State Attorney’s Office to take considering the basis of the charge is the fact that the that woman allegedly had 11 pills in her possession. I have however, noticed a trend in Central Florida that law enforcement and prosecutors are charging Drug Trafficking more aggressively. But it remains to be seen if they can effectively meet their burden of proof and actually obtain convictions for these sorts of factual scenarios.

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Posted by Jason M. Melton | | Email This Post

Posted In: Drug Trafficking

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Jason M. Melton

Criminal Defense Attorney

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