January 8, 2009

Gainesville man arrested for Alachua County DUI...Again.

Karen Voyles from the Gainesville Sun is reporting that a Gainesville driver whose license was permanently revoked in November for drunk driving was arrested again for DUI early Wednesday morning. His blood alcohol level was calculated at three times the legal limit.

According to the article, allegedly this is at the very least, the man's fourth DUI. An Alachua County Sheriff’s Deputy noticed a Chevrolet truck veer into the westbound lane of NE 39th Avenue and pulled him over. The driver eventually submitted to a breath test which police records indicate blood alcohol levels of .246 and .254. Under Florida law, a driver is presumed drunk when their blood alcohol level reaches .08.

These are very serious and complicated cases. Under Florida law, a fourth and subsequent DUI charge is a felony punishable up to 5 years in state prison as well as a litany of statutorily-mandatory requirements such as fines, probation, DUI school and the instillation of an ignition interlock device.

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Posted In: Alachua County , DUI

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July 17, 2008

DUI Arrest Pending for Former Gainesville, FL UF Gator Jevon Kearse

According to news reports, the former Gainesville, FL and Alachua County resident was charged with DUI after a traffic stop in Nashville Tennessee, where it was alleged the former UF Gator was speeding and swerved several times. Kearse refused the breathylizer or breath test, but during the criminal investigation, allegedly made an admission to police that he drank one vodka with red bull.

According to reports, a field sobriety test was also conducted but Kearse did not perform to the officer’s satisfaction.

If the stop of Kearse’s vehicle occurred in Gainesville, where Florida Law applies, a Judge would have to determine whether the Police had Probable Cause to believe a traffic infraction had occurred (example – speeding or weaving) OR whether or not the Police had Reasonable Suspicion to believe a crime was occurring (example – DUI)- which could justify the reason for the police pulling over Kearse.

Assuming there is credible evidence that the traffic stop was justified, in order for the DUI Prosecutors to proceed, the State would still need to establish that there was Probable Cause for an arrest for DUI. This could be proven by the “failed” sobriety test, admission of drinking and the alleged bloodshot eyes, slurred speech and smell of alcohol. However, a court can also consider how the tests were conducted, the credibility of the officers testifying and the overall reasonableness of the situation to determine whether the arrest was lawful.

Should this case go to trial it is important to remember that Kearse never gave a breath sample and the potential evidence of impairment will be limited to whatever testimonial evidence the Judge allows the State to offer regarding Kearse's driving pattern, his roadside demeanor and the field sobriety tests that he allegedly failed. The potential sanctions for misdemeanor DUI in Florida are similar to sanctions in Tennessee.

If you have any DUI questions for Gainesville, FL DUI Lawyer Jason M. Melton or need more information about our Recent DUI Results in Alachua County, FL and your rights during a DUI investigation, please contact us now at 1-866-608-5LAW.

Posted by Jason M. Melton | | Email This Post

Posted In: Alachua County , DUI

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Jason M. Melton

Criminal Defense Attorney

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