On May 14, the National Transportation Safety Board (NTSB) recommended that the legal limit for drinking and driving be lowered from .08% blood alcohol content to .05%. Every state in the union has laws on the books that a person is legally impaired by alcohol if their blood alcohol level (BAC) is over .08%.

A person having a .08% or higher and is in actual physical control of a motor vehicle is considered driving under the influence (DUI). The NTSB cites the reduction of DUI deaths and injuries when the BAC level for DUI was lowered from .10% to .08%. However, this process took more than 11 years to pass in every state, and not without blow back from restaurant, bar and entertainment lobbies.

Now the NTSB wants to lower the limit even further. This means an average woman who weighs 120 pounds would be DUI after two drinks and an average man of 175 pounds would be DUI after three drinks. Some favor the reduction. Others say it’s too conservative. In any event, this proposal will certainly spark a lively debate across the board.

In fact, the state of Michigan will be RAISING its limit back to .10% in October of this year. It is the aim of the NTSB and the insurance industry to lower the incidents of injury and death caused by drunk drivers. It is hard to argue with the number of reduced injuries and deaths as a result of the last lowering of the legal BAC. We live in a society that is busy and growing. Is it unreasonable to try to make our streets and highways safer by addressing DUI more aggressively? Regardless, DUI drivers are reckless and negligent. Lowering the limit may, over time, reduce the crashes, injuries and deaths they cause. There is a benefit in that for sure.

This week the Supreme Court of The United States is hearing a DUI case. More specifically the justices are deciding if police need a search warrant to forcibly draw blood from a person suspected of Driving Under the Influence.

The case that is before the court stems from a DUI arrest in Missouri. The defendant in that case, Tyler McNeely, was pulled over on suspicion of Driving Under the Influence by a Missouri State Trooper. Mr. McNeely’s speech was slurred, and he failed a field sobriety test. He was then arrested for DUI and refused to take an alcohol breath test.

The trooper then transported Mr. McNeely to a hospital where his blood was drawn while he was handcuffed. The case went up to the Missouri Supreme Court. There they determined that the blood test violated the protection against unreasonable search and seizures.

The question now in front of the US Supreme Court is whether police must obtain a warrant before drawing blood from a suspect. The Court has yet to rule on this matter but has previously determined that warrants are required for urine tests. The Court’s ruling will most certainly have a ripple effect across the nation, altering the way DUI investigations are conducted.

At the end of October 2012, Palm Beach County moved to ban the sale of synthetic marijuana, bath salts and other drug-mimicking substances. The county took action after state action failed to stop the sale of the synthetic marijuana. The state previously attempted to crack down by expanding 893.03(1)(c), of the Florida Statute to outlaw as many types of the drug as possible. The county hopes it will be able to react faster to the introduction of new bath salts and synthetic drugs.

These dangerous drugs are available at many gas stations and convenience stores throughout the county. According to the Palm Beach Post, the side effects can be hallucinations that last for days. The ban means a $500 fine and up to 60 days in jail for store owners who sell bath salts and incense.

Last August, Davie and Dania Beach both banned the sale of bath salts and herbal incense. Sunrise has banned synthetic marijuana and Lauderhill has banned bath salts.

References: http://www.palmbeachpost.com/news/news/crime-law/palm-beach-county-moves-to-ban-sale-of-bath-salts-/nSRXc/
http://articles.sun-sentinel.com/2012-10-30/news/fl-palm-digest-1031-20121030_1_bath-salts-salts-and-herbal-incense-synthetic-marijuana

The Palm Beach County court system offers a special program for veterans facing criminal charges. Each month, approximately 60 veterans enter the Palm Beach County criminal court system. Often times the charges are related to homelessness, mental illness, and drug or alcohol addiction. In a response this problem, Palm Beach County created veterans court 2 years ago, with a greater focus on treatment than punishment. The court was created in response to the special issues that veterans bring to the court system mainly mental illness and substance abuse. The veterans do not receive a free pass. They are still subject to the criminal justice system, but Veterans Administration staff are involved as well offering, counseling, housing, and rehabilitation. The court is set up to treat the root cause of the criminal violations, in an effort to prevent defendants from becoming repeat offenders.

If you are a veteran looking for criminal defense help or Social Security disability benefits, don't wait. Contact an experienced attorney today to get yourself on the right path to serenity.

Florida's "stand your ground" law offers the broadest protection of any state. The laws official name is “Home protection; use of deadly force; presumption of fear of death or great bodily harm.” The law allows anyone to use deadly force to protect themselves or others if they fear that death or bodily harm is imminent. The law allows for homeowners to use deadly force if someone is forcibly entering their home. Under the law, the person using deadly force has no requirement to retreat from the perceived threat. You are allowed to meet force with force no matter where you are.

This law applies at home, in your car and in public. If you believe that someone is going to kill you or cause great bodily harm then you may use deadly force on a public sidewalk. The law has had some unintended consequences, though. According to the Tampa Bay Times, "stand your ground" is frequently evoked by people with long criminal histories. According to the story, “more than a third of the defendants had previously been in trouble for threatening someone with a gun or illegally carrying a weapon.” This is based on research the paper did into the 119 times that “stand your ground” has been evoked by defendants since being signed into law in 2005. One such example of the unintended consequences of this law is Jackson Fleurimon, who was granted immunity in 2009 for a fatal shooting that resulted from a dispute over drug turf.

Stories like this one and the national news coverage of the George Zimmerman case have brought Florida’s stand your ground law to the forefront of debate. It may be time to reevaluate how the law is applied to cases where two people encounter each other in public. Perhaps this law has been effected by unintended consequences. It is unlikely that the drafters of this legislation intended to protect drug dealers while they wage war over turf. The law may need to be amended, so there is a duty to retreat before invoking deadly force.

Reference Articles: http://www.tampabay.com/news/courts/criminal/many-killers-who-go-free-with-florida-stand-your-ground-law-have-history/1241378

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0700-0799/0776/Sections/0776.013.html/

The Drug Enforcement Administration (DEA) is holding a press conference today to announce the results of “Operation Logjam,” a nationwide effort launched by several law enforcement agencies nationwide to curtail the production, distribution and sale of synthetic marijuana.

Synthetic marijuana appeared on the scene a few years ago and for a while existed in a legal grey area. It was sold under various brand names often as incense or bath salts. Palm Beach County was not spared from the operation: Sheriff Ric Bradshaw announced that a distribution center in suburban West Palm Beach was part of the investigation. Authorities believe that synthetic marijuana being sold under the name of “Mr. Nice Guy” was being produced at the facility in West Palm Beach. Sheriff Bradshaw reported that tons of the product were seized at the facility, which was one of the largest in the nation. The federal government recently banned 24 drugs marketed under bath salts, fish food and incense. However, new forms of the drug appear as older ones are banned.

The State of Florida has attempted to control the spread of these drugs by modifying section 893.03(1)(c), making many of the more popular forms of the drug a Schedule 1 narcotic. The change in law means that possession of these drugs is a 3rd-degree felony that could carry up to five years in prison.

If you or a loved one have been charged with a drug crime in Palm Beach County, it is imperative that you consult with an experienced criminal defense attorney as soon as possible.

For more information on this crackdown, please refer to this Palm Beach Post Article:
3 local men charged in fake pot bust yielding ‘tons’ of the illegal substance

Pain clinics have been a problem in South Florida for many years. They have been feeding many local people’s addictions. These clinics have also built a cottage industry of prescription tourism. Addicts and traffickers from as far away as Ohio and West Virginia would travel to Florida to feed their addiction. They traveled here because pain killers were easier to obtain, often with no proof or medical records indicating a need. In the past couple of years, law enforcement has cracked down on these clinics with high profile busts of their owners and seizures totaling in the millions.

With law enforcement focusing on the epicenter of the problem in Broward County, the pain clinics have migrated north. The most recent pill mill bust occurred in the quiet town of Vero Beach. A year-long investigation by several law enforcement agencies led to the arrest of 14 people in June. The pain clinic is believed to have dispensed more than two million pills in the last year, according to the Florida Department of Health. The clinic prescribed Oxycodon, Xanax, Valium and other drugs to more than 60 customers a day on a cash-only basis. The state went as far as to wire tap the clinic to intercept thousands of phone calls over the year-long investigation. As of late June, the state has seized bank accounts worth more than a million dollars.

The illegal use, possession, and sale of these drugs carries high fines and possible prison time. Possession of just one prescription pill without a prescription is a third-degree felony that can carry up to a five year prison sentence and a $5,000 fine.

If you are being investigated or have been arrested for any drug crime you need to contact an experienced criminal defense attorney immediately. The earlier the attorney gets involved in your case, the more options they have in defending you. For a free consultation in your case call the LaBovick Law Group today.

Reference: http://www.palmbeachpost.com/news/news/crime-law/vero-beach-pain-center-handed-out-2-million-pills/nPhyx/

Defending a DUI in Palm Beach County is challenging work. The State Attorney takes these charges very seriously. You need an attorney who understands how the State builds its case and more importantly how to knock their case down. For the State to convict you of DUI, it must prove two elements of the crime:
1) You drove or were in actual control of the vehicle, and
2) You were under the influence of an alcoholic beverage, a chemical substance listed in Fla. Stat. 877.111 or a controlled substance, which caused you to be impaired or your blood alcohol level was .08 or higher.
Simply put, the State must prove that you were driving the car and that you were impaired/drunk.

Defense of the traffic stop in the first place:
We live in country of laws not a police state. Police officers cannot pull you over because they saw you leaving a bar or because it's Tuesday. For a police officer to pull you over, he/she must have specific reasons for pulling you over. These can be speeding, running a red light, or weaving in and out of your lane causing a danger to traffic. The police officer cannot pull you over because you weave inside of your own lane. You could have been answering a phone call or putting on lipstick - it does not matter. If the police officer pulled you over without just cause your attorney can have the stop thrown out. That means all the evidence they collected subsequent is gone: you dancing and singing the alphabet, and your .217 BAC on the machine is all gone. This is where having an attorney who recognizes the weakness of the case can make all the difference.

Defense for control of a car:
Proving control of the vehicle is usually not the hardest part of the State’s case. In most DUI cases the driver is pulled over for a traffic stop and is behind the wheel. This defense comes up more frequently in a crash-related DUI. Say you wrap your car around a tree in a single car accident. If you are out of the car before anyone arrives then the State is going to have a hard time proving you were driving the car unless you tell them you were driving.

This defense comes up in BUIs (Boating Under the Influence) as well in non-crash related cases. You and your friends are out on the water in a center console boat. More than one person is standing near the wheel. If the police want to arrest you and charge you with DUI they have to be able to prove that you were the one in control of the boat and not merely a passenger since there is no driver’s seat. To make the most of this defense you need to speak to a Palm Beach County Criminal Defense Attorney immediately after your arrest.

Defense for being impaired:
The most difficult cases for the State to prove are cases when the driver does not submit to a breath test. Without the breath test the State must prove beyond a reasonable doubt (remember that the State has the burden of proof the defendant does not have to prove anything) that the defendant’s normal faculties were impaired to the extent that they could not operate a motor vehicle on the roads of Palm Beach County safely.

To do this the State will use any Field Sobriety Exercises that you performed: walk in a straight line, say the alphabet, stand still with one foot off the ground, etc. They use these tests to prove you are impaired because you did not perform them perfectly. NO ONE CAN perform them perfectly except maybe the DUI officer. These exercises are designed to make you fail. They are complicated, and the officer administering the test is writing down everything you do wrong. Miss the letter “U” FAIL, say it too slowly FAIL, stutter FAIL. These exercises are hard, and you do not have to do them. If the police officer asks you to perform field sobriety exercises, you are within your legal rights to say "no." Do it politely, though. There’s no need to be rude, but remember you don’t have to do them. If the State does not have field sobriety exercises or your breath sample, they are left with only the testimony of the police officer, and the videos of you driving and in the police station. Be polite, don’t run off at the mouth, and contact your attorney as soon as you are released.

The United States Supreme Court ruled last week on the constitutionality of juvenile sentencing laws. Throughout the last decade, the Court has begun to differentiate juvenile sentences from adult sentences. In 2005, the Court ruled that juveniles may not be sentenced to death. In 2010, the Court ruled that juveniles may not be sentenced to life in prison without the possibility of parole for crimes other than murder. This ruling greatly impacted Florida because of the strict mandatory minimums sentences that impacted juveniles in the adult court system.

The newest ruling handed down this last week of June 2012 discourages courts from sentencing juveniles to life in prison without the possibility of parole for homicide. This expands on the Courts belief that juveniles have a greater ability to be rehabilitated than their adult counterparts. The change in thinking shows an evolution towards the belief that a juvenile offender should not spend the rest of their life behind bars.

Reference: http://www.nytimes.com/2012/06/27/us/news-analysis-ruling-reflects-rethinking-on-juvenile-justice.html?pagewanted=all