Charles L. Truncale
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A Former Federal Prosecutor Who Now Fights For Defendants

dui defense Archives

Drunk driving witness charged with DUI

A man who witnessed a driver operating a truck while impaired was mistakenly taken into custody by Florida authorities. The man was at the intersection of Cortez Road and 14th Street when he saw the truck run a red light. He decided to follow the vehicle until it came to a stop in a Taco Bell parking lot. The driver chose to leave the scene, which prompted the witness to find a police officer.

Ride-sharing services may be reducing Florida DUIs

Some Florida drivers may be more likely to use a ride-sharing service than drive drunk, and this could be responsible for fewer people in the Miami area being taken into custody for driving under the influence. Miami-Dade is the Southeast's largest police department, and the incidence of DUI there dropped 65 percent in 2017. From 2013 to 2015, over 1,500 people were taken into custody each year while in 2017, the number dropped to 594. In Miami, there was a decrease of 31 percent.

Horizontal gaze nystagmus as a sign of impairment

When a Florida driver is stopped for suspicion of drunk driving, one of the field sobriety tests that is commonly conducted tests for horizontal gaze nystagmus, or involuntary jerking of the eyes. This jerking can become more exaggerated when alcohol is consumed. As such, it can often be used as evidence that the driver was impaired when he or she was stopped.

How to cast doubt on a Breathalyzer test

In Florida , a driver is said to be too impaired to drive if his or her blood alcohol content is at .08 percent or higher. One way that a person's BAC is measured is by using a Breathlyzer test. This test involves a person blowing into a machine to get an estimate as to how much alcohol that person has had to drink.

Woman charged with DUI in Florida

A 29-year-old University of Florida student was pulled over by police early on March 30 after her vehicle was spotted going north in a southbound lane. Her 2014 Mini Cooper was seen by officers on Northeast Waldo Road near Northeast 16th Avenue. The woman allegedly defied orders to stop her vehicle until authorities were eventually able to detain her. According to media sources, she also managed to get partially free from her handcuffs while sitting in a patrol car.

Police claim drunk driver dropped child off at school

A 911 call summoned law enforcement to the vicinity of Trinity Church on Spring Lake Road to investigate an erratic driver in Lake County. A Fruitland Park police officer responding to the scene found a man slumped at the wheel of a stationary white Chevy. According to the police report, the driver woke up, put the vehicle into gear and drove into a wooden fence. The man became belligerent with the police, but law enforcement managed to perform a breath test on him that produced a blood alcohol level of .233, which is substantially higher than the Florida legal limit of .08.

Discussing breath tests and implied consent

One of the more intricate, but important, rules that fall under DUI law is "implied consent." What this rule says is that if someone is lawfully arrested by a police officer for driving under the influence of alcohol, then they must consent to a breath, blood or urine test to determine their blood alcohol concentration. In essence, when you accept a state issued driver's license, you are accepting the implied consent law.

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