Gainesville, Ocala, Lake City & Inverness, Florida Accident Attorney and Alachua County DUI Lawyer Blogs

Hosting a Super Bowl or St. Patrick’s party? What you need to know about the Social Host Liability Law.

Drugged Driving—Teens Most at Risk – Gainesville accident attorney explains

Toxic Cocktail for disaster-"Energy Drinks" and Driving

We know drinking and driving can be lethal, but did you know that consuming caffeinated "energy drinks" mixed with alcohol could put you at even higher risk?

As a local  accident and DUI/DWI lawyer, I have seen the life-altering effects of drinking and driving.  We now know that "energy drinks" (like "Red Bull" and "Monster") plus alcohol is an extremely toxic mix with potentially lethal side effects. This is especially vital information to share with college-aged consumers-who are often the target population of the $5 billon "energy drink" industry.

A UF study found that partiers who consumed energy drinks mixed with alcohol were three times more likely to be highly intoxicated and four times as likely to intend to drive as compared to persons who only drank only alcohol.

Drinking caffeine and alcohol results in a wide-awake drunkenness-that leads to riskier behaviors. Research shows the caffeine stimulant overrides the alcohol depressant, aggravating the level of intoxication.

Participants in the study who consumed an alcoholic energy drink blew, on average, a BAC of 0.109, which is above the 0.08 legal limit.  

In 2008, approximately 11,773 people died in alcohol related crashes involving a drunk driver with a BAC of more than 0.08, making up 31.6 percent of all traffic fatalities that year.

Remember, the best way to be safe on the road and avoid the potentially life alerting consequences of driving under the influence of alcohol, a DUI arrest, charge and conviction is to not drink and drive! 

For more information on this important topic:

http://www.madd.org/about-us/about-us/statistics.aspx

I only had one drink how could that put me over the limit?

What am I facing with a DUI arrest in Gainesville, Florida? Whats the reality of a DUI charge in Alachua County? Consequences?

UF Study: Mixing energy dringks, liquor a dangerous combination

Reminder - DUI does not always equal a high BAC.

The recent case of a Micanopy woman being charged with DUI manslaughter brings to light something that people often forget - Being charged with DUI does not always mean that a person has consumed alcohol.

DUI stands for "Driving Under the Influence", the charge of DUI does not necessarily imply alcohol consumption.   A person can be "under the influence" of legal or illegal drugs, or anything that causes a person's normal facilities to be impaired, including alcohol.

Remember, driving while taking certain prescription or over the counter medications can:

• Cause impairment of your ability to operate a motor vehicle,
• Result in a DUI arrest and charge,  
• Result in the same long term consequences as if your BAC (blood alcohol content) was over the legal limit.

For more information:

What constitutes a DUI charge in Florida?

Classification of Crimes in Florida

Drunk Driving Can Change Your Life Forever

Imagine: You are having fun at a party. You've had a few beers, celebrating after your last exam, maybe even had a shot with friends.  You are having a good time, but, now it's time to go home. You think you feel fine enough to drive and do not want to take a cab. It's decision time. Do you drink and drive? What could it hurt, you are not going far?

The answer: It could hurt you and those around you. Driving drunk not only affects your own safety but the safety of passengers and other drivers on the road. In 2006, according to the National Highway Traffic Administration (NHTSA), 41% of traffic accident fatalities were caused by drunk drivers.

Example: On June 26, 2009, Alachua County Deputy Cynthia Johnson was struck by an apparently drunk driver head on and is lucky to be alive after sustaining bone-crushing injuries to her legs as a result of the collision. The drunk driver and passenger were also injured.

Heads up: If you drink and drive and cause serious injury to another, the penalties are much harsher and if convicted can result in prison time, loss of license and a life time felony charge.  In short, they can change your life forever!

Good news is:  Drunk driving accidents are 100% preventable!.  There are other options than driving drunk,

Help to prevent accidents such as the one that injured Deputy Johnson and make the roads, yourself and friends safer by finding another way home (and make sure your friends do too), if you (or they) have been drinking and are considering driving.

For more information:

What am I facing with a dui arrest in Gainesville?

The DUI- Conviction penalties in Alachua County

Binge Drinking: A Widespread Problem That Can Kill!

Binge drinking, drinking several alcoholic beverages on a single occasion, which leads to a blood alcohol level equal to or over 0.08%, is commonly associated with college students. However, although binge-drinking is prevalent among  students, 70% of binge drinking incidents involve adults over the age of 25. According to the Centers for Desease Control and Prevention, binge drinkers are fourteen times more likely than non-binge drinkers to drive while being alcohol-impaired. The obvious outcome of this behavior is the increased risk of binge-drinkers getting into the traffic accidents and suffering and causing others to suffer serious injuries and possibly death.

Popular beliefs, although false, add to the pervasiveness of binge drinking. Many assume that drinking beer is less intoxicating than drinking other types of alcohol. However, one 12-ounce can of beer, one 4-ounce glass of wine or one normal mixed drink are all equally intoxicating. In addition, while eating prior to or during drinking will delay the absorption of alcohol, it will not prevent getting drunk. Also, cold showers or coffee will not sober one up. Alcohol will be eliminated from one's system only as time goes by: it will take at least one hour for your body to remove the alcohol in one drink from your system. Alcohol affects everyone differently, depending on one's metabolism, weight, and many other factors. Therefore, it may take less time to get drunk and more time to sober up for one person than the other.

Binge-drinking can kill: in addition to fatal accidents which are caused by drunk drivers, drinking excessive amount of alcohol causes alcohol poisoning, which may result in death. Other consequences of excessive long-term alcohol use are liver damage, certain cancers, and dementia.

For more information, please see:

Binge Drinkers Cannot Determine Their Ability to Drive Safely

Drinking and Drving Do Not Mix Well

http://www.cdc.gov/alcohol/quickstats/binge_drinking.htm

http://www.collegedrinkingprevention.gov

Proposed changes to DUI arrests statute could very well effect you! Heads Up Florida!

Some Florida legislators have proposed an amendment to FS 901.15 that governs when the police can arrest a citizen for a misdemeanor offense without a warrant! This could very well effect you!

With limited exceptions (mostly relating to domestic violence, firearms offenses, and sexual offenses), the law now requires the police to witness the misdemeanor offense before they can arrest without a warrant. House Bill 793 proposes to amend the statute to add Driving Under The Influence to list of offenses for which the police can arrest without a warrant. Many people may say "Ok--Dui is serious enough that the police should be allowed to arrest without seeing the offense committed". Most of us are not in favor of DUI's right? Consider this scenario: (please follow link to read the scenario on our library section)

(Please read above linked scenario first) Does this sound far fetched? Don't bet your clean criminal record or a night in jail on it! These are the type of changes in the law that most people think will "never effect me". The government (you know, those people you elected) is experienced enough and smart enough to know that they can't take our rights in big chunks. They have to do it one small piece at a time because they know most of us will let them! If it's just a small bite that doesn't hurt and "it won't effect me anyway", why should I care enough to stand up and say "NO, you can't take any more individual rights from me, my neighbors, or anyone else in this State!"

If you want to have a voice in this continual errosion of our personal freedom, now is the time to speak up. Call, write, or email your State legislators and urge them to "Vote No" on HB 793. If this bill passes, it will become law on July 01, 2009 so you need to act NOW if you want your voice to be heard.

Here is a link to the text of the pending bil, HB 793: 

You say you need evidence that the sponsors of this bill are trying to slip it past us. Read the bill and you'll see that they included a provision to add "exhibition of sexual organs in public " to the list. How could anyone vote against that, right?. This is one of the ploys that is designed to get what the sponsor really wants, which is to add DUI to the list, by including another offense that surely everyone must be in favor of. Urge your legislators to vote NO unless the bill is amended to delete DUI from the proposed changes.

Students also need to know their options on how to stay safe if they choose to drink.

MADD's recent announcement that they will be opening an office in Gainesville, FL is good news for all of its residents, including college students. 

In 2008, The University of Florida, located in Gainesville, was ranked as the #1 party school by Princeton Review.  As the country's levels of binge drinking and drunk driving levels continue to rise, such a party ranking is a dangerous sign. 

MADD's plan to join forces with the University of Florida's mandatory "New Student Alcohol Education Program" will help educate incoming college students of the dangers associated with binge drinking and drunk driving.  By requiring that students have such critical knowledge before they are allowed to start classes, the amount of DUI related injuries in Gainesville and Alachua County will hopefully decline.

As an experienced DUI lawyer in Gainesville, I applaud MADD's efforts to educate our college students about the dangers of drinking. However, it is unlikely college students will totally stop drinking; we just want to keep them safe and others on the road safe.  I think it is more realistic to educate students about not only the dangers of alcohol but if they choose to drink, what their options are to stay safe. 

For more information:
Drinking and Driving do Not Mix Well!  If you are going to drink....

MADD is Coming to Town.

DUI Deferred Prosecution pilot program not widely publicized.

The DUI deferred prosection pilot program headed by State Attorney William Cervone, while overwhelmingly successful thus far, has not been widely publicized.

The Gainesville DUI Lawyers, Jeffrey Meldon and myself, Tom Copeland serving all of Alachua County not only have successfully placed qualified clients into this new program but regularly communicate with Mr. Cervone and the assistant state attorneys assigned to the traffic division to remain apprised of any new developments to the program, as well as discuss the program's direction and viability.    

Many local attorneys claim to know "everything" about defending a DUI charge.  Few, if any, however, can support their positions.  We, on the other hand, are more concerned with actually providing the best legal service in the community. 

While other attorneys boast about their legal skills, the Law Office of Jeffrey Meldon and Associates prefer to prove their legal merit by searching for, learning about, and becoming fully involved and invested in the newest legal developments. 

We are glad to pass the information to our clients and friends, because the attorneys and staff at Jeffrey Meldon & Associates strongly believe that EVERYONE (client or not) should know his/her rights and potential legal options.

For more information on this new program:

Deferred Prosecution in Gainesville and Alachua County explained; Part 1

Criteria for the Defered Prosecution program in Gainesville and Alachua County; Part 2

Alachua County has Implemented a new pilot program 

It is time for CMI to be straight with everyone about its Intoxilyzer 8000.

The CMI Intoxilyzer 8000 currently used throughout the state of Florida has been the subject of relentless attack over the past few years by knowledgeable defense attorneys who question its accuracy and precision in determining blood alcohol levels of people arrested for DUI .

The courts are finally insisting that the manufacturer disclose the machine's source code so that the inner workings of the device can be evaluated.  Acting as though they have something to hide, CMI, has refused to obey the court orders in spite of fines mounting to million dollars sums.  CMI has been found to be in contempt of the court orders now being issued throughout Florida. 

 It is highly unusual for scientific devices to be off limits for the defense experts to examine and evaluate in order to argue what weight a judge or jury should place on their findings.  We have all heard experts in highly publicized trials arguing over the reliability of DNA, fingerprints, hair or blood samples, and a myriad of other evidence submitted by either side to prove or disprove a case. 

It is interesting that CMI thinks it is above the law. However their reluctance to play by the rules may be catching up with them.  The state of Ohio has placed a 6.4 million dollar order for new Intoxilyzer 8000 machines but the chairman of the Ohio Senate Finance Committee, Senator John Carey, is requesting that the state reconsider its purchase. He is concerned that in several other states including Florida thousands of drunk driving cases have been delayed or dismissed because of questions about the Intoxilyzer 8000's accuracy.  Those other states include: Minnesota, Louisiana, Massachusetts and New Jersey. 

Some issues that are still being evaluated are whether or not the machine can be manipulated based on how hard and how frequently a person is asked to blow into the machine. Another concern is that the machine doesn't keep a permanent record of the data it obtains.  Ohio State University emeritus professor Alfred E. Staub, an expert on alcohol-breath test machines stated that " The machine just has a greater range of acceptable standards. It's more loosey-goosey, basically"

It is time for CMI to be straight with everyone including those charged with DUI in Florida where a conviction creates a permanent lifetime record which can never be erased.  It will be difficult if not impossible under current rules to undo a conviction if we find that it was based on faulty and unreliable evidence produced by the Intoxilyzer 8000.

The state of Florida should either require that CMI produce all relevant information required by court order or choose one of the other more cooperative manufacturers of breath testing machines.

"Watch out for yourself - and your friends," as Machen encourages in the Gator Watch Initiative is good, but just not enough. We as a City can and should do more!

The Gator Watch Initiative started by Chris Machen, UF’s first lady, is a good plan to promote game-day safety and we need more plans like it.  As a Personal Injury and DUI lawyer  in Gainesville, Florida, I have seen first hand the devastation that can result from drinking; everything from deaths, to severe injuries, and other life long consequences due to alcohol and/or drugs, and especially if driving while under the influence.

The University of Florida was ranked the number one party school in the nation by The Princeton Review last summer, which means “partying” is common on and off campus.  On game days, and game day weekends, all you have to do is drive down University Ave and it is obvious the amount of drinking and partying going on among students and other Gator Sport’s enthusiasts. Combined with the popularity of Gator Sports in Gainesville, tailgating, and other pre-game parties that can start many hours before the games, or even the day before, this can be a deadly combination, even if the games are away games. After UF’s 2006 national basketball championship in Atlanta, a police officer was killed by a drunk driver in Gainesville on University Ave.

 As a downtown resident living in Union Street Station, I see and hear the bars closing at 2am followed by the young patrons that were obviously drinking and partying, leaving and getting in their cars to drive home. And this goes on every night of the week except Sundays when there is an 11pm closing time, Gator game or not.  In the bars, last drink call is 20 to 30 minutes before closing time, when it is common to “drink down a last one” and quickly before closing time, when then drinking and or drunken patrons are turned out onto the streets, just after guzzling down their last one. Does this make sense?  Is this safe?  Shouldn’t there be a “cool down/sober up” time before turning them loose on the town?  Not only is this a noise nuisance issue for residents, it is a safety concern for all.

 This year Gainesville initiated a new late night taxi program in which taxi stands were set up in two key locations to help partying students and others get home safely.  This is a good start, but we could use more initiatives like this.  

 As a University Town, the University of Florida and the City of Gainesville needs to do all it can to keep our students and citizens safe.  The Gator Watch Initiative is a good beginning but we need more, and not just for game days!

 "Watch out for yourself - and your friends," as Machen encourages in the Gator Watch Initiative is good, but just not enough.  We as a City can and should do more!