Jacksonville Criminal Defense Attorney Blog

A Jacksonville police officer who's been busted for drinking and driving before in her tenure on the force was arrested last week and charged with five counts of DUI causing property damage. Diane Jones was not on duty when she allegedly hit a car in a shopping center parking lot, then allegedly rammed in one on a nearby road, according to a report in the Florida Times-Union. Jones then returned to the same parking lot and allegedly hit a third car before bumping into another car twice while trying to park her vehicle, the newspaper reported.

Jones' problems didn't end there. Police said she refused to get out of her car and was pulled out by police when she reached for something underneath her seat, the newspaper reported. She then refused to submit to field sobriety tests and, once she was taken to a local hospital, refused to allow her blood to be taken, the newspaper reported. Had any of the crashes resulted in serious bodily injuries, Jones would have had no choice but to have her blood drawn. But since no one was hurt, she could still legally refuse.

Jones has been in legal trouble with drinking and driving before, and it's very likely her days as a Jacksonville police officer are now numbered. She received a 20-day suspension and was ordered to undergo treatment in 2007 after she was investigated for DUI by the Florida Highway Patrol, the newspaper reported. Then, in 2011, a citizen took video of her police car being driven recklessly and police found her drinking at a neighbor's house, the newspaper reported. Jones said she started drinking after driving and there was not enough evidence to prove she was drunk while driving. She was, however, fired from the Jacksonville Sheriff's Office until an arbitrator ruled she must be reinstated, the newspaper reported. Jones was most recently assigned to a position taking reports over the phone and did not have a patrol car, the newspaper reported.
It's unclear how many DUI convictions Jones has on her record, but it's very possible she has none. Jacksonville arrests and investigations are not automatic convictions and that fact is significant in this Jacksonville DUI case. Had Jones been convicted in 2007 and in 2011, she would now be facing a felony charge. In Jacksonville DUI cases, if a person has two DUI convictions and is arrested on suspicion of DUI again, the charge can be considered a felony and punishable by up to five years in state prison. As it stands now, Jones is looking only at Duval County misdemeanors and potential time in the county jail - up to six months if it's her first conviction, up to a year if it's her second.
Consequences and penalties ramp up quickly in Jacksonville DUI cases so it's crucial that people do not plead to charges that cannot be proven beyond a reasonable doubt. The temptation is for people to plead guilty in first appearance court and start the clock on the coming driver's license suspensions, but that is a short-term decision that can have serious long-term consequences.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A veteran Clay County Sheriff's Office deputy was suspended following his arrest last month on a DUI charge following a traffic crash. James Avery was arrested by the Florida Highway Patrol after the 1:15 a.m. crash after he was allegedly mumbling his speech, unsteady on his feet and appearing to be very tired and drowsy, according to a report in the Florida Times-Union. Avery was arrested and charged with driving under the influence in Clay County, a misdemeanor punishable by up to six months in jail.

But Avery does have one piece of evidence that is in his favor for now. When police asked him to take a breath test, he did and it came back that he had no alcohol at all in his system, the newspaper reported. Police ordered him to submit a urine sample, which was sent to the Florida Department of Law Enforcement laboratory for analysis, the newspaper reported. It's unclear whether Avery submitted to that test as a condition of his employment or if his willingly did so as a part of the criminal investigation to prove that he was, in fact, sober at the time of his arrest. If the test was part of his employment, one would expect his Clay County DUI Attorney to argue that the test be thrown out in the criminal case.

A urine test could show drugs in a Clay County DUI suspect's system that would contribute the person driving under the influence. When someone is arrested on a Clay County DUI charge, the automatic assumption is the person was under the influence of alcohol. And our Clay County DUI attorney would agree that alcohol is the substance involved in the vast majority of DUI cases. Alcohol is more commonly detected, mostly because it is used more and is legal. The odor and signs of impairment also make it easier to spot for a police officer. If someone is on, for example, prescription narcotics, there isn't an odor an officer would immediately be able to pick up on when the driver opened his or her mouth to speak. A fair question in this case is: Why police would arrest Avery if the breath test came out .000? One reason is officers may have suspected he was on something else. Another procedural answer is the arrest occurs after the officer declares the driver has failed field sobriety exercises. Many people think breath tests are administered at the side of the road. They are not in Clay County DUI cases. The breath tests are given inside the jail as part of the booking process. So the driver has already been handcuffed and hauled downtown because the officer suspects there is enough evidence to charge the driver with a Clay County DUI. A breath test void of alcohol does not mean the person won't spend the night in jail and be charged with a DUI.

Our Clay County DUI attorney has represented hundreds of people charged with DUI, including those who have blown .000 on a breath test. Our firm is well-versed in the requirements to make a proper DUI arrest and can fully investigate the case of you or your loved one. If you or a loved one needs a criminal defense attorney in Clay County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Coming up on two years after he was first arrested on a Clay County DUI charge, prosecutors have not chosen not to go forward with the case against a Clay County lawyer and former school board candidate. During a pretrial hearing last month, the State Attorney's Office announced it would drop the charges against Joseph Wiggins, according to a report in the Florida Times-Union. Wiggins had maintained his innocence since his arrest in August 2011 and said he didn't know if the pending charge contributed to his defeat in a 2012 election for the Clay County School Board.

He was charged with misdemeanor DUI and was facing up to six months in jail. His case was pending for 20 months before the state decided to drop the charge. Jacksonville DUI Cases can be difficult for the state to prove, particularly if the suspect does not submit to a breathalyzer exam. There are specific procedures police must follow when making a Clay County DUI arrest, and, if they are not all followed precisely, the traffic stop can be thrown out and the state is left with very little to go on - sometimes nothing at all. A DUI arrest begins with a traffic stop and the officer must have a reasonable suspicion that the suspect is committing a crime or traffic infraction before he or she even approaches the vehicle. Once the officer begins speaking with a suspect, he or she must see or detect more suspicious activity before asking to perform field sobriety exercises. The typical reasons our Clay County DUI Attorney has seen in police reports through the years are: red or watery eyes, a subject smelling like alcohol, slurred speech or the person swaying when her or she stood or walked.

If an officer feels the suspect is showing one or more of these signs, the next step is asking the driver to perform field sobriety exercises. The defendant can decline, which will likely result in an immediate arrest, but would also limit evidence in a potential criminal case. The exercises are tailored to determine if a suspect is fit to be behind the wheel. The officer typically asks the suspect to walk in a straight line and turn around; stand on one leg; stand with his or her legs together to test balance; move their arms to touch their finger to their nose and recite the alphabet or a series of numbers in order (Rhomberg Alphabet). Each individual test has various indicators of impairment and, if a suspect has enough missteps during the testing, he or she will be arrested on a Clay County DUI Charge. From there, the suspect will be brought to the police station and told to take a breath test. Suspects in Clay County DUI Cases do not have to take the test, but, similar to field sobriety tests, refusing to take it means at least one night in jail. If the defendant does take the test, our Clay County DUI Attorney will examine the test and its results to be sure it was administered correctly, just as she will for the initial traffic stop.

While pleading guilty to a DUI in first appearance court make seem like the easiest and best option, a Clay County DUI Attorney can delve into the details of the case and in some instances find errors that could lead the charges being reduced or dropped. If you or a loved one needs a DUI attorney in Orange Park or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A high-ranking assistant chief and 22-year veteran of the Jacksonville Sheriff's Office was arrested last weekend for DUI following a crash on Interstate 95 in St. Johns County. Larry Jones was arrested on the misdemeanor driving under the influence charge and spent the night in jail before posting a $500 bond to get out, according to a television news report by News4Jax. Jones faces up to six months in jail if convicted or if he pleads guilty in this St. Johns County DUI Case. Jail time in a case like this is rare and more likely penalties include some sort of probation, fines and being required to attend a DUI panel and hear from the families of people whose loved ones were killed or injured by drunken drivers.

Jones was allegedly involved in a crash in the early-morning hours of April 20, the television station reported. No serious injuries were mentioned in the initial media reports following the arrest. Injuries are very important in a St. Johns DUI case like this. Not only are the charges enhanced if someone is injured, it also opens up the police's ability to collect evidence from the suspect. If people are injured in a suspected DUI crash, police can take a blood sample from the alleged driver and there's nothing the driver can do to stop them. In a traditional DUI, the driver has options. Now, all of those options will most likely land a person in jail for the night, but if there are signs of impairment that was likely to happen anyway. But the options could pay dividends down the road by limiting the potential evidence that can be used in trial.

Normally, a DUI investigation begins when an officer pulls a driver over for some sort of traffic violation. If the officer sees signs of impairment - odor of alcohol, slurred speech, red and watery eyes - he or she can start a DUI investigation and ask the driver to perform field sobriety exercises. The exercises are designed to test balance and impairment and, in many St. Johns County DUI cases, they are filmed from a dashboard camera in the patrol car. That means the video can be shown during a trial for a jury to see for itself. Sometimes that could help a client, other times it could destroy a St. Johns County DUI case. Following the exercises, or a driver's refusal to take them, the officer usually makes the call on whether to arrest the driver. If an arrest is made, the driver will be transported to jail and, once there, police will ask the driver to take a breath test. The test measures the amount of alcohol in a person's blood. In Florida and in most states, the legal limit is .08. That's about four beers, mixed drinks or glasses of wine for a person who weighs 200 pounds. The accuracy of the breath tests has been repeatedly questioned, though a poor result on the test will likely not look good in front of a jury. Refusing to take a breath test can result in a one-year driver's license suspension. The way the law is written, by agreeing to have a driver's license, a person provides consent to submit to blood and/or breath tests. There are certainly consequences either way and, whichever decision a driver makes, a St. Johns County DUI attorney can assess the evidence and determine the best way to move forward in the case.

If you or a loved one needs a DUI attorney in St. Augustine or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A Jacksonville man was sentenced last week to 15 years in state prison for a crash that killed his best friend in 2010. Klay Williams was convicted of DUI manslaughter in January and was facing up to 15 years in prison, according to a report in the Florida Times-Union. The judge this week handed down the maximum possible sentence, reasoning that the crash itself and Williams' actions following the crash justified the sentence, the newspaper reported.

Williams was speeding in his pick-up truck about 10:30 p.m. when he hit a fence. The fence shattered and part of it hit his friend Mitchell Green in the head and knocked Green unconscious, the newspaper reported. The point prosecutors seemed to hammer in the sentencing is when a neighbor and a paramedic responded to the Jacksonville DUI crash, Williams was outside of the truck and told him he was fine - making no mention of Green being passed out inside the truck. The neighbor saw Green and alerted the paramedic. Green died from his injuries a week later, the newspaper reported. Williams also initially told police that Green was driving, which was later proven to be untrue.

When it comes to sentencing in Jacksonville DUI cases, or any other case for that matter, an attempted cover-up can be more detrimental to a person than the actual crime itself. In Williams' case, there didn't appear to be any effort to help his friend, and prosecutors inferred that a delay in medical help could have been a factor in Green dying from his injuries. That's tough to overcome in a sentencing, especially when the victim is the supposed to be defendant's best friend. Williams' blood-alcohol level was .17 - more than double the legal limit of .08.

In traditional Jacksonville Driving Under the Influence cases where a person is pulled over by the police and suspected of DUI, the driver can refuse to submit to a breath test. But, Florida law allows police to take a blood test when the crash involves an injury and they did so in this case. There wasn't much question in this Jacksonville DUI case that Williams was drunk, and the jury agreed in the trial earlier this year. A blood-alcohol level that high is tough to overcome, especially when the accident causes serious injury or death. And people tend to put more weight in a test that comes directly from someone's blood, versus the breathalyzer machine that has been attacked for years over accuracy concerns.

Our Jacksonville DUI attorney has represented hundreds of people suspected of DUI and knows the strict rules and procedures police must follow to properly make a Jacksonville DUI arrest. Failure to follow these legal guidelines could lead to a situation where the traffic stop in not admissible in court, which greatly reduces and can even eliminate the evidence against you or your loved one.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A Jacksonville jury found a man guilty of DUI manslaughter in Duval County in connection with a 2010 crash that killed his 21-year-old friend. Klay Williams was found guilty last week of the second-degree felony and will be sentenced in March, according to a report in the Florida Times-Union. Williams, 22, faces up to 15 years in prison. Police said Williams was speeding in his pickup truck when he hit a fence and pieces of that shattered fence hit Mitchell Curtis Green in the head, the newspaper reported.

A neighbor and the first paramedic said they both talked to Williams outside of the truck, who said he was fine but made no mention of Green being unconscious inside the truck, the newspaper reported. The neighbor then looked in and saw Green, who was treated by paramedics but died a week later. Williams' blood-alcohol level came back at .17 - more than double the legal limit of .08.

Jacksonville DUI cases are almost always misdemeanor cases, but when people are seriously injured or killed by an intoxicated driver, that driver then faces Duval County felony charges. There are varying levels of misdemeanors crimes, but the overarching point from a defendant's perspective is the maximum time someone can be incarcerated for if convicted of a misdemeanor is one year in the county jail. The state prison system is only for people who have been convicted of or pleaded guilty to felonies in Florida.

Williams is now subject to that system because he was convicted of DUI manslaughter, or a DUI that caused a death. Because police were investigating an injury, Williams did not have a choice as to whether or not police could test his blood for alcohol. That's another rule that changes dramatically for a DUI investigation once an injury is involved. Someone pulled over under suspicion of a DUI can refuse to take a breathalyzer test and can also refuse to take field sobriety exercises. Now, that will pretty much guarantee the suspect in that Jacksonville DUI case one night in the county jail, but could limit the damage going forward.

There was really no debating whether Williams was intoxicated and the fact that police said he didn't initially try to help his injured friend likely did not play well to the jury in his Jacksonville Driving Under the Influence case. Expect that piece to also play a role in Williams' sentencing hearing coming up in March. Judges are often concerned about how remorseful someone is after the fact, but also put plenty of weight into how a person reacted immediately after the crash took place.

Our Jacksonville DUI attorney has represented hundreds of clients charged with DUI - from routine traffic stops to crashes resulting in felony charges similar to the above case. If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A former professional football player living in Jacksonville was arrested last week and charged with DUI manslaughter for his role in an accident that killed a Louisiana man last month. Police say Dann Rockne Lute, 53, failed to see traffic backed up on Butler Boulevard about 5:15 p.m. when people were lined up exit onto Hodges Boulevard, an area that is typically congested at the time of day, according to a report in the Florida Times-Union. Lute rammed into the back of a sport-utility vehicle and killed the driver, the newspaper reported. The two cars in front of the man Lute hit were also damaged in the chain-reaction and one of the drivers had minor injuries, the newspaper reported.

Lute is now charged with Florida DUI manslaughter, a second-degree felony punishable by up to 15 years in state prison. He is also charged with three counts of DUI causing property damage, one each for the three cars that were damaged in the wreck. All three property damage charges are Jacksonville misdemeanor counts. It's the manslaughter charge that is by far the most serious of these Jacksonville DUI cases and the one that will receive the most attention.

Typically when a person is charged several weeks after the crash like Lute is - the accident was Dec. 13 and he was arrested Jan. 10 - there is some sort of test that has come back to warrant the charge. In Lute's case, it is likely a blood test that revealed his blood-alcohol level was above the legal limit of .08, though nothing in the newspaper report indicates that's the evidence. But, as a Jacksonville DUI attorney, a month is about the standard time for results to be tested by the Florida Department of Law Enforcement and returned to the police in a case of this magnitude. One significant difference in a case when an injury or death is involved is that police can take the blood of a driver, whether they consent or not. That is in stark contrast to a standard, Duval County misdemeanor DUI where a driver can refuse to do submit to a breath test, which often limits the evidence prosecutors will have to prove at trial the defendant was intoxicated. So in a DUI manslaughter case, not only are the stakes higher but the defense can also be limited because the blood test is a piece of the evidence. Not to mention, juries tend to see blood results as more accurate than breath tests anyway.

Our Jacksonville DUI attorney has represented hundreds of people charged with DUI - some who've had blood drawn, others who've take breath tests and still others who've refused all tests. Our Jacksonville criminal defense lawyer knows the DUI laws inside and out and will thoroughly review your case to make sure police followed all of the necessary procedures when investigating your case.

If you or a loved one needs a DUI attorney in Duval County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A Georgia Tech assistant basketball coach was arrested for DUI while in Jacksonville this month on a recruiting trip. Postorino was arrested about 3:20 a.m. Dec. 9 and released from jail that afternoon, according to a report in the Atlanta Journal Constitution. He is facing a Duval County misdemeanor DUI charge, which has a maximum penalty of six months in jail, though it is extremely rare for a person to be sentenced to jail on a first DUI charge.

A more common sentence for first-time DUI defendants is probation, a driver's license suspension and a fine. But that's assuming Postorino is either found guilty of or ends up pleading to the DUI. There's a strict set of rules officers must follow when making DUI arrests. Our Jacksonville DUI attorney at The Mussallem Law Firm, P.A., has represented hundreds of clients charged with DUI in Duval, Clay and Nassau Counties and investigates fully to make sure each step was followed. In some cases, the DUI is reduced to reckless driving - which not only has less serious penalties, but also keeps a DUI off a person's record.

Many times, a DUI defense hinges on how the arrest was made and how the tests are conducted. A DUI always starts with a traffic stop and the officer must have a reasonable suspicion that you're committing a crime or traffic infraction before he or she even approaches your vehicle. Postorino also has a ticket for crossing the median, so that's likely what police will say led the officer to pull him over. After the officer makes contact with you, he or she must see or detect more suspicious activity before asking you to perform field sobriety exercises. The typical reasons our Jacksonville DUI Attorney has seen in police reports through the years are: red or watery eyes, a subject smelling like alcohol, slurred speech or the person swaying when he or she stood or walked.

If an officer's judgment is you've shown at least one of those signs, he or she will likely then ask you to perform field sobriety exercises. The exercises are designed to determine if you are too impaired to be driving. The tests include the officer asking you to: walk in a straight line and turn around; stand on one leg; stand with your legs together to test your balance; move your arms to touch your finger to your nose and recite the alphabet or a series of numbers in order (Rhomberg Alphabet). Each individual test has various indicators of impairment and, if you reach a certain threshold, you do not pass and will be arrested for DUI in Jacksonville.

From there, you'll be taken to the police station and will be asked to blow into a Breathalyzer machine. If you have agreed to take the test, our Jacksonville Driving Under the Influence attorney will launch a step-by-step review of the process. If that test is not administered properly and in adherence with state law, it cannot be used as evidence against you. The same holds true for the traffic stop. If any element is not followed according to the law, the traffic stop can be thrown out - essentially leaving the state without its most important evidence.

Our Jacksonville DUI Attorney closely examines cases from start to finish to determine if there is a legal reason to have the traffic stop suppressed by the judge, or if any other steps were not done according to the letter of the law.

If you or a loved one needs a criminal defense attorney in Duval County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Jacksonville DUI attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

The state has two weeks to charge the man behind the wheel in a Jacksonville Landing hit-and-run death with a felony, or a judge will accept his guilty plea to a misdemeanor DUI in Duval County. Brain Patterson tried to plead guilty to the misdemeanor DUI last week related to the August case, just one week after picking up another DUI in Baker County, according to a report in the Florida Times-Union. The first Jacksonville Driving Under the Influence charge came after Patterson was being beaten on his way to his car following a nightclub dispute and, when he sped off, a man on the hood of his car fell of and Patterson ran him over. The man died days later at a local hospital.

The Duval County assistant state attorney said his decision to seek a Duval County felony charge is not related to Patterson's second DUI, the newspaper reported. As a Jacksonville DUI attorney, that argument sounds pretty thin. The incident occurred in August and, two weeks later, the state filed a murder charge against the man who was beating Patterson while Patterson tried to drive away.
Patterson was arrested and charged with a DUI in October, once the blood results came back from the Florida Department of Law Enforcement. He had two court dates in November, but when he tried to enter a plea last week to the Jacksonville criminal charge, the state objected and the judge gave the state two weeks to file new charges.

If the state was interested in filing felony charges in Duval all along, why didn't prosecutors file felony charges from the start? And why did they wait three court hearings to say they needed more time to investigate to determine if felony charges would apply?

Patterson made his own bed by getting a Baker County DUI with another DUI case pending, but the state should also have to live with its initial charging decision. Patterson's Jacksonville Bond was revoked after his second arrest, so he's in jail awaiting the resolution of the case. He faces a maximum of 6 months in jail on the DUI, which is now a first degree misdemeanor. If the charges are upgraded to a third-degree felony, Patterson would face a maximum of five years in prison.

And the judge is well within his right to refuse a plea. By nature of our judicial system, pleas have to be accepted by the judge. But it is extremely rare when a plea is not accepted. This decision was likely influenced by the prosecutor's objection to the plea. The judge did not flatly deny it, but instead imposed a deadline on the state to make a decision. This is a prime example of the importance of staying out of trouble when a case is pending against you. Not only is Patterson in jail instead of free until the case resolves, he could be facing considerably more time and a potential felony conviction.

If you or a loved one needs a DUI Attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Duval County DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A Jacksonville man who had been out on bail on a Duval County DUI for an accident that killed a man at the Jacksonville Landing is now back in jail after being arrested for Driving Under the Influence again. The judge revoked his bond and Brian Patterson, 32, is not expected to be released until the Landing case is resolved, according to a report in the Florida Times-Union. Patterson was arrested last week for a DUI in Baker County after police pulled him over just before 3 a.m. for driving erratically and the officer smelled alcohol, found a beer bottle in a cup holder and saw an empty beer can inside the car, the newspaper reported.

Legally, the two cases are not connected. In the Landing case, Patterson was being beaten after leaving a nightclub in August and tried to flee in his truck. Taylor Evans was on the hood of the truck, fell off and died in a local hospital days after Patterson ran him over and drove away, the newspaper reported. One of the men beating Patterson was charged with murder and Patterson was charged in October with a misdemeanor DUI charge in Jacksonville, Florida. Since it was Patterson's first Duval County DUI, his maximum penalty is six months in jail. Even with the second arrest, that maximum penalty cannot legally increase.

But make no mistake, the second arrest will almost certainly play a role in Patterson's sentence, if he is convicted in the Landing case or decides to plead to the Drunk Driving charge. Signs of remorse and that a defendant has learned his or her lesson go a long way for judges in determining a sentence. Picking up another DUI just three months after drinking and driving in a case where a person was killed will not sit well at all in the mind of the court. Rarely does a person receive any jail time for a first conviction on a DUI in Jacksonville, but the circumstances of Patterson's case - most notably that Evans was killed - may have made it more likely for his sentence to include time behind bars. This latest arrest would seem to increase the likelihood that Patterson's sentence will include some sort of jail time.

The second DUI could be the one that sends Patterson to jail for little longer, if the cases run separately. When a person is convicted of a second DUI in a five-year span, he or she could be sentenced to up to nine months in jail, but must serve at least 10 days. In many cases, those days are split up so a person serves their time over several weekends in Jacksonville weekend jail. Another option for Patterson could be getting prosecutors for both cases involved to reach a plea that includes both Florida drunk driving charges. Perhaps he pleads guilty to one, even both, and a sentence is negotiated between the two Assistant State Attorneys and his Jacksonville DUI Attorney. Even though the cases are in different counties and even in different judicial circuits with different elected state attorneys, it is not uncommon for a defendant to reach a global settlement on the various charges he or she is facing.

Our Jacksonville DUI attorney has represented hundreds of clients facing DUI charges - some on their first charge, others who had been through the system before. DUI charges are often difficult for the state because there are specific rules officers must follow in a DUI arrest and, if they are not followed correctly, much of the evidence in the case can be suppressed by the judge.

If you or a loved one needs a DUI attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Duval County DUI Lawyer, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Two months after trying to flee a beating and then running over and killing a man with his truck, a driver was charged with Duval County DUI in the crash. Brian Patterson was arrested on a Jacksonville DUI charge last month after tests showed he had a blood-alcohol level of .127, above the legal limit of .08, according to a report in the Florida Times-Union. The man accused of beating Patterson at the time, Greg Johnson, was charged with murder for his role in the death of Taylor Evans, the newspaper reported in August. Johnson has pleaded not guilty to murder and faces up to life in prison. There have been various stories as to what happened Aug. 10 at the Jacksonville Landing, but police have determined, according to the newspaper, that a brawl ensued and Patterson was chased to his car and was being hit by Johnson even as he tried to leave. Police said Evans was also involved and was pounding on the hood of Johnson's truck when he fell off and was run over, the newspaper reported. Other witnesses have said Evans was not involved in the fight and was simply walking with a friend to her car when he was struck, the newspaper reported.

Police did not identify the driver before Patterson was arrested in Jacksonville. It is very telling that Patterson was charged simply with Jacksonville driving under the influence, a misdemeanor punishable by up to six months in jail and a $500 fine. There are certainly more severe charges that Patterson technically could have faced - namely Jacksonville DUI manslaughter and leaving the scene, a Florida first-degree felony punishable by up to 30 years in prison. But the state had already made its decision on who was at fault in Evans' death - Johnson and not Patterson. First of all, the state would have a hard time charging both men with what are essentially murder charges. Either Johnson's driving or Patterson's beating caused the death and the state would have an incredibly difficult time proving both. The notion that Patterson was leaving because he was scared makes it even tougher to charge him with leaving the scene of an accident in Jacksonville. If he was leaving to escape, he sure wasn't going to come back on his own - even if it was to help Evans.

It will be interesting to see if the state tries to hold Patterson to a different standard on misdemeanor DUI because there was a death involved. As a Jacksonville DUI Attorney, one would certainly hope not. If prosecutors could prove it then fine, charge him with a more severe crime, but don't pick a lesser crime and try to enforce more penalties as some sort of trade-off. Very rarely does anyone picked up on their first DUI spend any time in jail - other than the first night the person is arrested.

If you or a loved one needs a DUI attorney in Duval County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A man pulled over for driving all over a Clay County road and eventually arrested for Driving Under The Influence told police his driving was erratic because a squirrel was biting him as he drove. The man did have a baby squirrel wrapped up in his shirt when police came to his window, but the officer also smelled alcohol beverages coming from the driver, according to a report in the Florida Times-Union. None of the local media reports on the Clay County arrest include information on whether the 24-year-old suspect, Warren Thomas Michael III, had any visible bite marks on his chest or stomach. Evidence of bite marks could be of some help as a defense, but the biggest issue for Michael will likely be two breath tests. The came back .145 and .156, both approaching double the legal limit of .08.

DUI arrests in Clay, Duval and Nassau Counties are among the most subjective arrests in that without some sort of breath or blood test, there is typically very little evidence. In some cases, there is a dashboard video which could let a jury see for itself and try to determine whether the person looks to be under the influence. In most cases, DUI suspects end up taking the breath test and unwittingly give prosecutors everything they need to lock up the case. Take Michael's case, for example. Prosecutors could argue that it wouldn't matter if it's a squirrel, a raccoon or an elephant in the truck, he was still close to double the legal limit and thereby guilty of the Clay County DUI has was charged with. But without the breath test, it could be a different story.

DUI cases in Northeast Florida have a mountain of specific procedures and rules that police must follow, and a slip-up by the officer could lead to the stop being suppressed and not part of the evidence the state could use at trial. And, in Florida DUI cases, without a traffic stop there is most likely not a case at all. Many people either don't know they can refuse to take a breath test, or are afraid to do so. Refusing will almost always result in an automatic one-year suspension of a person's driver license - and police will be sure to point that out to the suspect if he or she thinks that might make a person more likely to consent to the test. Also, many people want to take the test to prove they are not impaired, which is also human nature. Research has shown that, especially when people are right around the legal limit of .08, they believe their motor skills and overall functionality are better than they really are. But Clay County DUI cases are much more likely to work out in the defendant's favor if there is not breath test evidence, especially one that comes in well above the legal limit of .08. Just as a point of reference, a 200-pound man who has more than three drinks in an hour would blow above a .08 and then be considered legally intoxicated.

Our Clay County DUI attorney, Victoria "Tori" Mussallem, has represented hundreds of clients charged with DUI - some who've taken a breath test and some who've refused. Either way, our experienced Clay Count DUI Defense Lawyer will give your case a thorough review and advise you of your best option going forward. If you or a loved one needs a DUI attorney in Clay County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Clay County DUI attorney is available 24 hours a day, 7 days a week.

The U.S. Supreme Court has decided to hear a DUI case that is expected to clarify when police are allowed to force a blood draw on a person suspected of DUI. The court's opinion, now expected to come down in early 2013, will likely have a far-reaching, nationwide impact on a suspect's right to refuse a blood test after being arrested for DUI in Jacksonville and elsewhere. The case at issue, discussed in an article in the Florida Times Union, involves a Missouri man who was pulled over for driving erratically. The officer said the driver smelled of alcoholic beverages and was slurring his words. But, when police asked him to take a breath test - a common procedure in a Duval County DUI case - the suspect refused. The officer then drove the man to a lab and ordered the man's blood to be taken, without even attempting to get a warrant.

The suspect's blood-alcohol level was nearly double the legal limit and he was arrested for DUI. But a judge ruled the blood test was not admissible. Appellate courts have agreed, but Missouri prosecutors have continued to pursue the case up the judicial ladder, reaching the peak last week when the Supreme Court agreed to hear the case. Like most other states, Florida has what is called an implied consent law. Basically, it means that by getting a driver's license, a person agrees to submit to a breath or blood test when an officer asks. A suspect can refuse - and many do - but the person then faces having his or her driver's license suspended for one year. If someone refuses a second time on a separate arrest, he or she can be charged with what's called a "criminal refusal." It's a first-degree misdemeanor in Jacksonville with a maximum penalty of one year in the county jail and, this time, the license suspension is 18 months.

The implied consent is key in Florida when it comes to a blood test. In most Jacksonville Driving Under the Influence cases, police would just rely on a breath test. But, if there is an accident and police suspect the driver is under the influence but he or she is injured and cannot communicate, police are legally allowed to take his or her blood. If a person is not capable off refusing, they have legally consented - according to the applied consent law. The issue is the Missouri case the Supreme Court will hear is a little different. In that case, the suspect did refuse, but police took blood anyway. Prosecutors argued that it was at 2 a.m., it was difficult to get a warrant, so police just took the blood. Convenience isn't typically a reason to not follow the law, and the court battle ensued. The suspect clearly refused to take the test but was forced to by police and that's now the major issue at hand.

Applications of various criminal laws can change rather quickly, and our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, stays on top of the latest development s to know every point that could affect a case. If you or a loved one needs an experienced DUI attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Duval County DUI attorney is available 24 hours a day, 7 days a week.

Jacksonville Jaguars draft pick Justin Blackmon pleaded guilty to a misdemeanor DUI charge stemming from a June arrest in Oklahoma. Blackmon's blood-alcohol level was more than three times the legal limit of .08, but he received the standard sentence of probation, fines and alcohol awareness courses that most first-time Jacksonville DUI offenders receive, according to a report in the Florida Times-Union. Blackmon was fined $500, will have to pay court costs, serve 50 hours of community service and take courses. All phases can be completed on Probation in Jacksonville, where Blackmon was scheduled to report last week for training camp. His driver's license will also be suspended for a year, which could be reduced if he has a device installed on his vehicle that measures the alcohol level in his breath before the car will start. Blackmon was arrested for Driving Under the Influence on June 3 for driving 60 mph in a 35 mph about 3 a.m., the newspaper reported. The Drunk Driving arrest came just more than a month after the Jacksonville Jaguars selected the wide receiver from Oklahoma State University with the 5th pick in the National Football League draft. Police stopped him for speeding, said he had a smelled of alcoholic beverages and was unsteady on his feet. He blew a .24 and a second test registered a .26, the newspaper reported.

While Blackmon is legally a first-time DUI offender, this was not his first brush with the law regarding alcohol. Blackmon was arrested for DUI in 2010, but that charge was reduced to possession of alcohol by a minor, the newspaper reported. Any penalty for a second offense would hinge on a second conviction, not just a second arrest. The June case was resolved fairly quickly, taking only just six weeks to work out. Much of that was because of Blackmon's circumstances. The Jacksonville Jaguars appeared to have been waiting for the case to resolve before embarking on serious contract discussions with Blackmon. A deal was still not in place when the Jaguars began training camp last weekend.

Whether you are a professional football player, an accountant or a waiter or waitress, a Duval County DUI can have serious implications on your employment. The biggest issue will likely be your ability to drive. Even outside of the Florida DUI penalties, the Department of Motor Vehicles can suspend your license - even if your DUI is dropped or lowered to a lesser charge. Our Jacksonville DUI Attorney can help arrange a temporary license while our attorneys investigate in advance of your "Formal Review Hearing" before the DMV. You have 10 days from your arrest to request and reserve your right to a hearing. If at that hearing the DMV finds the suspension invalid, your license will be fully restored administratively - and your Jacksonville Criminal DUI case is also helped significantly. Police have a very specific set of procedures they must follow in Duval, Clay and Nassau DUI arrests, and our experienced Jacksonville DUI Attorney knows them inside and out. Our Northeast Florida DUI Lawyer will review all aspects of your case and advise you on your best options to move forward and move on from the Jacksonville arrest.

If you or a loved one needs a Driving Under the Influence Attorney in Duval County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Jacksonville DUI lawyer is available 24 hours a day, 7 days a week.

Police arrested a Jacksonville man this week on multiple DUI charges for a St. Johns County crash that seriously injured three teen-agers and left one more with minor injuries. Brian Reynolds Peters is facing a litany of charges, including three counts of DUI causing serious injury; DUI causing injury; two counts of DUI causing property damage and a traditional DUI, according to a report in the Florida Times-Union. Peters is accused of running a stop light and crashing into a car with four teens inside, the newspaper reported, And even though it was one incident, charges can be made separately for each individual victim in accordance with Florida criminal statutes. For example, three of the teens were seriously injured and Peters is charged now with three counts of St. Johns County DUI causing serious injury - one for each teen. A fourth victim was not seriously injured and, for her injuries, Peters is charged with DUI causing serious injury.
He is being held at the Duval County Jail on a $36,500 bond because he was arrested in Jacksonville. He will now be booked into the St. Johns County Jail, because that is where the crime occurred and is where he will be facing charges.

Peters was not arrested for St. Johns County Driving Under the Influence immediately. He was also taken to the hospital after the crash and police were likely waiting for blood test results to come back before making DUI arrest in the case. Peter's blood-alcohol level was more than three times the legal limit of .08, according to the newspaper. A warrant for his arrest was issued July 10 and U.S. Marshalls arrested him at his home in Jacksonville a week later, according to the newspaper. He was also charged with St. Johns County possession of drugs and possession of drug paraphernalia for items he had with him at the time of the crash.

If police have a reasonable suspicion that a driver was under the influence when he or she is in a crash that causes serious bodily injury, police do not need consent to take blood to determine the person's blood-alcohol level. In a more typical Jacksonville DUI case, the suspect has more rights when it comes to dealing with the police. Typical Duval County DUI cases are also misdemeanors and first-time offenders rarely do any jail time - excluding the night of the arrest. Peters, though, is facing three Florida felonies on the DUI causing serious bodily injury charges. Each count has a maximum penalty of five years in prison. Though it is uncommon, a judge has the power to sentence Peters to 15 years, five years on each charge. Those are called consecutive sentences. In many cases, judges will use what are known as concurrent sentences, meaning the defendant serves the three sentences at the same time and, if given the maximum in Peters' case, he would serve just five years in prison.
DUI penalties rise significantly when serious injuries are involved and it is important to have an experienced Jacksonville DUI attorney to examine your case and discuss your options. Our Jacksonville DUI attorney has represented hundreds of clients on DUI charges, including those that have been elevated to felonies.

If you or a loved one needs a Criminal Defense Attorney in St. Johns County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our St. Johns County DUI attorney is available 24 hours a day, 7 days a week.