Orlando, Florida Criminal Law Blog | The Umansky Law Firm

Mock Drivers Show Real Results for DUI Awareness

2012-05-13T22:22:25Z

Several high schools in South Florida are effectively using "mock car crashes" every year to demonstrate the dangers of driving under the influence to students. Whether viewed as a DUI or DWI, kids who typically view life with a sense of youthful invincibility are being brought face to face with the death and destruction of driving while impaired. These demonstrations tend to happen frequently during prom week, when students tend to drink and drive more.

The mock crashes show explicitly what happens in a DUI accident, from when the car actually crashes, the police coming on the scene using the jaws of life, extracting the body, and then taking it away in a hearse or the sheriff's helicopter. There goal is to make it as dramatic and lifelike as possible.

]]> The mock driver is then given a mock BAC and put in the police car being arrested as DUI. The students are shocked at this point, and an impression is made that should stick with them for a lifetime, but typically only does for a week or two. Experts believe that it does have an impact, though.

What they don't show is the driver who was "arrested "and what happens afterwards, considering he/she wasn't killed or paralyzed. In real life, they would come home after being apprehended, explain what happened to their parents and then call a DUI lawyer.

DUI accidents are not taken lightly in Florida, especially when people are injured or killed because of an intoxicated driver. An Orlando DUI attorney will be a choice for getting through with this charge. The DUI attorney is familiar with DUI law, and the driver needs the expertise of an Orlando DUI lawyer to understand the charge. There are potential penalties, such as fines to be paid, community service and suspension of the driver's license for up to one year, and it is extremely helpful to have an Orlando DUI Attorney walk with you through the system.

40 Year Old Crime Still Affects Record

2012-05-07T22:38:55Z

Back in 1972, 18-year-old Yolanda Quesada faced a dilemma that concerned paying for the clothes she needed for work at a Milwaukee department store. Because of the dire financial situation her family was in, acquiring the clothing through theft seemed to be the only option. Unfortunately, she was caught by a security guard on that attempt. Since it was her first offense, the 18-year old received a $50 fine and promised not to steal again.

Later that same year, Yolanda still faced the same situation, and found her option to be to steal again. Again she was caught, and since it was her second retail theft charge, the judge sentenced her to a yearlong probation. At this point, Yolanda vowed to never steal again. This vow held true, but still managed to come up again in her life decades later.

]]> In 2012, Yolanda, now 58, had a full time job answering phones in the customer service department at Wells Fargo Bank. Earning certificates and pins for her excellent work ethic, she did well at her job during the 5+ years she worked for Wells Fargo. Recently, she came into work, and was to report to her manager's office. Because of current Federal checks on banks, Wells Fargo had done a background check on Yolanda and discovered she had criminal offenses that occurred in 1972, 40 years ago. Yolanda was fired immediately.

As an attorney, one can see that there could be an injustice done to Yolanda's firing, a once praised employee of Wells Fargo. Criminal defense lawyers fight every day to expunge or seal the records of retail theft cases, making these charges vanish to employers. Yolanda wants her job back, a job she has performed well for the past five years. She arguably exceeded expectations of a good employee. A situation like this can be avoided by sealing records, or an expungement.

Florida DUI Sentences Depend on Mixture of Factors

2012-05-04T13:05:16Z

What you do after a Florida DUI charge matters. At sentencing, judges have significant discretion in choosing the punishment that best fits the crime. The actions you take - and the DUI defense lawyer you choose - can go a long way toward generating a favorable outcome.

Take, for example, a case that recently played out in Brevard County court. The defendant in that case had pleaded guilty to DUI manslaughter and other charges stemming from a 2010 drunk driving crash that put a Titusville woman in a coma and ultimately killed her. After the accident, the defendant fled the scene and was later apprehended at a local pawnshop. His blood alcohol level at the time of his arrest was 0.10.

]]> Under Florida law, the crime of DUI manslaughter carries a maximum sentence of 15 years in prison. The prosecutor in this case argued that the state sentencing guidelines recommend a 10-year prison term for this particular situation.

The judge disagreed. After reviewing the facts of the case, he decided to sentence the 20-year-old defendant to one year in jail and 15 years of probation.

In support of his decision, the judge pointed to the fact that the defendant's crime was a one-time occurrence for which he had shown honest and genuine remorse. Indeed, the first thing the defendant did after being released on bond was to ask how the accident victim, who was at that point still in a coma, was doing.

Florida DUI Penalties

A lot of attention gets paid to the maximum sentences for Florida drunk driving offenses. The truth, though, is that the ultimate punishment is different in nearly every case.

The sentence a defendant receives can depend on a number of different factors including the circumstances of the crime, any prior offenses and whether the defendant has shown remorse or attempted to make positive changes to his or her life.

After being charged with a DUI in Florida, it's important to enlist the help of an experienced criminal defense attorney who can tell your story and make sure you are treated fairly.

Central Florida Crime Increases Steadily While the Rest of State Drops

2012-05-02T15:52:31Z

In recent years, the crime rate in Florida has fluctuated quite a bit, and now has fortunately diminished for most of Florida, as a recent round up of police files confirms. This positive trend doesn't doesn't particularly apply to central Florida, especially for counties such as Osceola, Volusia, and Orange, which saw instances of crime increase.

Orlando deals with bouts of crime because of its status as a larger city, but in terms of Floridian cities since it has consistently had crime rates similar to larger cities such as Jacksonville and Miami. But as of late, Florida's entirety of crime rate has managed to shrink while the central Florida has increased.

]]> Many of us in central Florida will find these facts startling, especially if they live (and perhaps live happily) in the Orlando area. Since last year the city's crime factor has risen to a total of 4.8. The total crime rate for the state of Florida has now dropped by 0.8 percent and marks the first all time low since the late 1970s.

Orlando is facing a 61 percent increase in total murders, almost a 4 percent increase in theft, and a 5.3 percent increase in total rapes. The 61 percent increase in murders is an astonishing and alarming increase. A recent study by the attorney general and his lawyer has shown that the recent rise in homicidal tendencies may be connected with home battery and domestic violence charges. Domestic violence has also been on the rise in the past few years. Law enforcement is working diligently to quell these crimes.

Hopefully with a partnership with Harbor House, along with the execution of Project Courage, we'll see numbers in violence and crimes begin to shrink throughout 2012.

Underage Drunk Driver finds Drive-Thru to Be Front Entrance of Steak 'n Shake

2012-04-26T18:18:26Z

The late night workers at a Winter Park, FL Steak 'n Shake were startled when an SUV operated by 20 year-old Brittany Christian came crashing through the front door of the restaurant. The accident happened at 1:21 a.m. on April 26, 2012 when, According to police, Brittany lost control of her vehicle.

Christian was arrested and booked into the Orange County Jail and charged with driving under the influence and property damage, according to Sgt. Jamie Loomis spokeswoman for the Winter Park Police Department. Christian is being held on a $1,000 bond. There were no patrons inside the dining room when the crash took place. Sgt. Loomis went on to say, "Thankfully, no one was injured." Brittany, a Rollins College student, could also be charged with underage drinking in addition to the DUI.

Picture Source: http://www.wftv.com/gallery/news/local/suv-plows-through-steak-n-shake/gfqX/#1471873

]]> In addition to Christian, there was an unidentified female also in the vehicle at the time of the collision. Reportedly she sustained no injuries at the scene. There are no charges pending, according to police.

Apparently, Christian was attempting to leave the drive-thru of the Orlando Avenue restaurant when she made a wrong turn and plowed through the glass front doors. She came to a stop just before hitting the counter. There was no immediate word as to if she has retained a lawyer in Orlando to defend her against the drunk driving charge; however, criminal defense attorneys are usually retained to protect the legal rights of intoxicated drivers who cause damage in this type of case.

The drive-thru was re-opened at 5:30 a.m. on Thursday after the staff of the restaurant cleaned up the damage caused by the Honda CRV. Estimates from contractors put the damage at nearly $100,000.

Hand Sanitizer Becoming Teenage Party Drink of Choice

2012-04-24T16:14:31Z

Six teens have recently appeared in two different Los Angeles emergency rooms in the past few months after they got alcohol poisoning from drinking distilled hand sanitizer. Public health officers are worried about the cases and fear a growing trend in the use of hand sanitizer to get drunk.

The teens are using innovative methods to distill the hand sanitizer. Adding salt will separate the alcohol and create a drink that is over 100 proof.

So far there have only been a few isolated occurrences of teens arriving in the emergency room after drinking hand sanitizer, but officials are worried that it could become part of a larger problem. Hand sanitizers are cheap and relatively easy for teens to access. The Internet has plenty of distillation instructions that be used to create a toxic brew.

]]> There have also been instances of younger children ingesting hand sanitizer on accident.

Hand sanitizer contains 62 percent alcohol and can be turned into liquor that is 120 proof. Only a couple drinks are needed to slur speech and cause people to stumble into an emergency room.

Physicians have stated that this is the latest trend in teenagers' attempts to get drunk. In the past, teens have used vanilla extract, mouthwash and even cough syrup.

The recent emergency room visits have surprised local doctors. Last year, there were no reported cases of teens getting drunk off hand sanitizer. Parents are also cautioned about the sanitizers that they buy. Many are unaware that even tiny bottles have a lot of potent alcohol in them.

Parents are urged to purchase a foam sanitizer rather than the gel. The foam hand sanitizer's alcohol is harder to extract, and teens are less likely to drink it.

Orlando, Florida levies serious punishment for underage drinking, and consulting a criminal defense attorney is essential. A skilled Orlando lawyer can prevent teenage pranks from turning into serious criminal charges.

Can You Legally Celebrate 4/20 in Florida?

2012-04-19T13:07:20Z

Cannabis culture observes the dates April 20 as a countercultural holiday. This holiday revolves around celebrating with the consumption of cannabis. Most of the celebration is "officially" done in San Francisco's Golden Gate Park, which is located near the Haight-Ashbury district. Another very popular site for cannabis culture followers is the University of Colorado's Boulder campus. Cannabis culture originated from a group of teenagers in San Rafael, California in 1971. Their mission was to find cannabis plants that had been abandoned in the area. A plan was set out meeting acts a specific statue which was located on the property of San Rafael High School at approximately 4:20 PM. The teenagers never found the abandoned cannabis plants, even though they made many attempts. Ultimately their plan was shortened to being called simply 4/20. Eventually this evolved into a secret word that teenagers continue to use which referred to the acts of pot-smoking. Unfortunately, individuals that choose to observe this cannabis culture holiday fail to understand that trafficking, intent to sell, and use of marijuana in Orlando is illegal, even on 4/20.

]]> The possession of marijuana (of 20 grams or less) is considered to be a misdemeanor which can lead to a $1000 fine as well as incarceration for one year. Possessing more than 20 grams of marijuana in this state is considered to be a felony, which carries a fine of $5000 as well as five years of incarceration. Even though penalties can be defended against by hiring a lawyer or attorney, the celebration of 4/20 is not considered to be a legal celebration because it violates the Florida marijuana laws, which some people think are as (or more) lax than California or Colorado.

It is more difficult to get defense for marijuana charges that are related to intent to sell for cannabis. Not only is the sale or delivery of cannabis illegal, but the location of the selling activity can also increase the resulting punishment. For example if a cannabis sale or delivery occurs within approximately 200 feet of a public park, public housing, or a college, the offender can face up to 15 years in prison as well as a fine of $10,000. The celebration of 4/20 can still get you in trouble even if an individual does not engage in the consumption and use of marijuana. The possession of paraphernalia is considered to be a misdemeanor. This is punishable by law for up to one year in jail as well as a fine of $1,000.

So tomorrow when you are listening to Bob Marley and Sublime and Hula Hooping outside of a hookah lounge, remember that law enforcement doesn't observe 4/20 as a time to go easy on marijuana users. If you find yourself in any sort of trouble because of the activities you participate in during 4/20, call the drug offense attorneys at The Umansky Law Firm at (407)228-3838.

Pros and Cons of a DUI Checkpoint

2012-04-18T13:24:58Z

Individuals that are facing criminal charges that are the result of a sobriety checkpoint should understand that you may still have a case. Not all law enforcement administered checkpoints are set up in a manner that is in keeping with your constitutional rights.

What are the Pros of a Sobriety Checkpoint?
In an effort of fairness, sobriety checkpoints do serve a purpose. Many Americans have sustained major injuries or, worse yet, death resulting from DUI related motor vehicle accidents. Many people will argue that the arrests that result from checkpoints serve as a deterrent to drunk drivers and justify the intrusiveness of the stops. In addition, the money that is used for sobriety checkpoints often comes from grants, instead of tax dollars.

]]> What are the Cons of Sobriety Checkpoints?
Although arresting drunk drivers is a noble goal and one that should be pursued vigorously, many people question whether they are truly effective and if they infringe on any of our constitutional rights. Opponents of sobriety checkpoints usually argue that:

- Racial profiling occurs and law enforcement target minorities often. Checkpoints are often set up in areas with large minority populations.
- Illegal search and seizures happen as a result of sobriety checkpoints. This is a violation of both your state and federal rights.
- Sobriety checkpoints are not as effective as the statistics would suggest. Instead they can just increase the number of police officers roaming about.
- Although grants foot a large portion of the bill, the millions in federal grant money, some would argue could be better served elsewhere.

This is why it is critically important to consult with an experienced DUI attorney who is proficient in the legalities of sobriety checkpoints. He or she can determine if the checkpoint was in fact constitutional and this can cause a dismissal of the case of a set aside of the DMV order of suspension. Again, a charge resulting from a sobriety checkpoint does not necessarily mean you are automatically guilty. Speak with a Florida lawyer to see just what your options are.

George Zimmerman in Custody

2012-04-12T14:30:40Z

George Zimmerman has been taken into custody and now faces charges ofsecond-degree murder for the shooting of black teenager Trayvon Martin. Criminal charges were announced on Wednesday, April 11. Zimmerman is now being represented by Mark O'Mara, an Orlando criminal defense attorney, after the resignation of his two former Orlando lawyers the previous day. Zimmerman claims he was acting in self defense when he shot the unarmed teenager, citing the Stand your Ground law that asserts one may act in self defense when in adequate danger. Our own Zahra Umansky has been speaking about the event on many different news stations.

Check out the pictures in the rest of the blog!

Click here to watch a video of Zahra on CNN!

]]> We will be sharing more videos/pictures as they are recorded.

Zimmerman, the neighborhood watch captain of Sanford, was leaving his gated community when he saw Martin, who he maintains was acting suspiciously. He called the local police to report the teenager, whom he suspected could be on drugs, and continued to follow Martin even after the dispatcher advised him, "We don't need you to do that."

After leaving his car carrying a 9-millimeter weapon, Zimmerman claims he shot Martin after the adolescent hit him in the face, pushed him down and proceeded to smack his head on the ground. However, many believe that Zimmerman was the attacker.

The call to the dispatcher and a 911 call made by a neighbor shortly before the shooting have now been made public. In the latter call, a voice can be heard shouting for help. It is still unclear who the voice belongs to, with claims that it is Zimmerman and Martin from their respective attorneys.

Citizens across the nation have been inspired to speak out their opinions of the phone calls, new evidence and potential evidence. The case is widely considered to be an example of racial injustice. This has resulted in a wealth of social media attention, including an online petition calling for Zimmerman to be prosecuted. With 2.2 million signatures, this is the largest reaction ever seen of its kind.

In a news conference on Wednesday, State Attorney Angela B. Corey announced that the decision was not affected by this media attention. "I can tell you we did not come to this decision lightly. We do not prosecute by public pressure."

How Many DUIs Are Actually Alcohol-Related?

2012-04-07T18:50:22Z

When people think of Driving Under the Influence (DUI), drunk driving is what usually comes to mind. In fact, a DUI charge can happen anytime a person's ability to drive a vehicle (automobiles, boats, aircraft, motorcycles) is impaired due to consumption of prescription, over-the-counter, and illicit drugs as well.

Impaired driving offenses are taken seriously and a first time offense can cost $1400- $1800 in court fees and that does not include hiring a criminal defense lawyer after being arrested, bail, car impoundment, increased insurance rates or lawsuits.

]]> Driving under the influence can prevent employment or cause someone to lose the one they have due to ineligibility. A guilty plea means court mandated drug and alcohol education classes and random drug and alcohol screenings that the defendant pays for. After a defendant pays an attorney to make sure their legal rights are not violated, a first offense can easily cost $10,000 when it is over.

A 2009 National Survey on Drug Use and Health (NSDUH) study found that 10.5 million people over the age of 12 admitted to driving under the influence of illicit drugs. Adults between the ages of 18-25 were the biggest offenders at 12.8 percent.

A 2009 study of random trauma centers showed that 34 percent of crash victims tested positive for drugs with no alcohol while 16 percent tested positive for alcohol only and 1 in 10 tested positive for both.

Driving under the influence of legal and illegal drugs is just as big of a public safety concern as drunk driving because it causes drowsiness, blackouts, impair judgment vision impairment and slow response time. It can also cause someone to have a stroke or heart attack, especially if mixed with alcohol, which can lead to fatalities.

If you have been arrested for a DUI associated with alcohol, drugs, or both, our experienced attorneys in Orlando can help you through this tough time. We have handled cases of DUI in Florida dealing with nearly all substances that impair the ability to safety drive a vehicle. Contact us today at (407)228-3838.

Former Lightweight Boxing Champion Charged with Child Abuse

2012-04-04T17:16:32Z

Hector "Macho" Camacho, 49, a former lightweight boxing champion from the 1980s, turned himself into the police on Monday, April 2, 2012. He was charged with child abuse by the Orange-Osceola State Attorney's Office out of Orlando, Florida.

]]> On March 22, 2011, Camacho reportedly picked his son up by the neck, slammed him on the ground and stomped on his foot during a confrontation at the home of his ex-wife. The confrontation escalated due to supposed money left at the residence several days earlier.

Comacho's son reported to the police that his father shouted at him before throwing him down. The boy speculated that his dad was "high on drugs" when asked why his father was so angry at him.

The case was forwarded to the State Attorney's Office due to the statements made by witnesses about the incident. In November prosecutors filed the child abuse charges against Hector Camacho and as soon as Camacho discovered this he turned himself in. He then was released after posting bond.

Hector "Macho" Camacho discovered boxing in his youth. He is the first person to win in seven different divisions in the field of boxing including the New York Daily News Golden Gloves championship three different times. He now has a different fight ahead of him as he works with a lawyer to plan his criminal defense.

Erving Walker Resists Arrest After Stealing $3.00 Taco

2012-04-03T17:53:00Z

Erving Walker has been well known for his career as a guard for the Florida Basketball team, the Gators. However, he has made a new name for himself, one not in such a positive light with a criminal record. Walker has been charged with petty theft and for resisting arrest for stealing a $3.00 taco from a street vender. In a foolish prank, according to Walker, where he was just playing around, he may have serious fines and penalties.

]]> The incident happened on Friday morning and he has been scheduled to appear on above named charges. The arrest report stated that Walker ordered a taco from a vender and left without paying. When the police arrived on the scene, he ran from the officer. Walker had a brief chase with the Gainesville Police Department and the officer chased him a short distance before he was apprehended. Walker was taken into custody on University Avenue, but it took the help of several other officers and patrol cars to arrest him. He will need a good criminal defense attorney or lawyer to get out of this situation.

Though Walker stands by his statement that he was playing around, a previous record from 2008 where he was previously charged has come into play. Seems this was not the first time that he has resisted arrest and had a run in with the police department. Because of the criminal record, he will need a lawyer who is well versed on dealing with high profile cases.

His career as a Gator was over on Saturday. He made a good name for himself at the school, with an all-time assists leader at 547 and he also ranks second for the most number of games played at 144. He scored a total of 1,777 points during his games, which made him fourth on the highest scoring college basketball players of all times. Walker, being a well-seasoned sports player, should know the value of a spotless reputation. While it may have been a joke, the courts are certainly not laughing and neither is Walker.

Police Use Florida DUI Charges To Cover Their Own Tracks

2012-03-30T19:43:53Z

DUI charges do not always equal a drunk driving conviction and just because the police say you did something illegal, does not mean they are right.

One Florida woman found out first-hand just how important an experienced Florida criminal defense attorney can be when she was charged with drunk driving and resisting arrest. She had hit a curb, ended up with two flat tires and was in the middle of a call to her insurance company when a Coral Springs police officer started issuing commands. Give me your driver's license. Get out of the car. The driver was taken to jail and charged with drunk driving.

The 59-year-old woman was forced to the ground during the arrest and complained of pain to an already bad shoulder. And the cops knew they were wrong. What they didn't know was that their conversation, including the use of profanity in the stop and plans to falsify information on an internal investigations report to protect each other, was caught on tape by the woman's auto insurer.

]]> There are many reasons to seek the assistance of an experienced Florida criminal defense attorney any time you face criminal charges. One very important reason is that just because the police say you did something illegal, doesn't mean you did. The state attorney dropped the DUI and resisting arrest charges against the Coral Springs woman after the audio recording surfaced; the two officers involved are under investigation.

If you're facing Orlando drunk driving charges, an experienced DUI defense lawyer will consider many DUI defense strategies including whether you were falsely accused, as well as:

Did the police have a legal right to pull you over?
If you were arrested, were your read your Miranda rights?
Was a field sobriety test improperly administered or do you have a medical condition that might result in a false positive for impaired driving?
Does the arresting officer have a pattern of making false accusations of drunk driving?

Remember, you do have rights. A Florida police report doesn't always contain the truth. And a criminal charge for driving under the influence doesn't automatically mean a conviction.

Source: Local10.com, "Woman's DUI charges dropped; Officers investigated," Roger Lohse, March 29, 2012

Car Crash This Morning on West Colonial Involves 11 Injured

2012-03-28T14:54:36Z

There was a terrible car crash on West Colonial Drive this morning, involving five vehicles. The accident took place at around 8:45 am near the intersection of West Colonial Drive and Paul Street. One of the five vehicles was a church van, carrying disabled passengers. The van ended up on its side, and the passengers were trapped as a result. Orange County Fire and Rescue responded to the scene, and had to extricate six people from their vehicles, before they could prepare them for transportation.

Source: Red Huber, Orlando Sentinel

]]> There were a total of eleven people injured in this crash, and they were all transported to local area hospitals. The eastbound lanes of West Colonial Drive are shut down at Hiawassee, as crews work to clean up the scene. Only one lane is open traveling westbound on Colonial Drive.

If you are ever injured in a car accident, you should try to remain calm and call 911 immediately. If you are able to safely exit your car, than do so and position yourself in the safest and closest area, where the responders can easily find you. Stay put until help arrives. Once you have spoken with officials and had any injuries treated, you should then call your auto insurance company and report the accident. The sooner you start the process with your insurance company, the better.

The Personal Injury Attorneys at The Umansky Law Firm handle car accidents that occur in Orlando and other parts of Florida. If you have recently been involved in an auto accident in Orlando, please contact our attorneys today at (407)228-3838.

Bobby Brown Arrested for DUI

2012-03-27T14:05:37Z

The famous singer and ex-husband of the late Whitney Houston, Bobby Brown was arrested during the early afternoon hours on Monday. The 43 year old Brown was suspected of driving under the influence of a controlled substance after being pulled over in Reseda for talking on a mobile phone while driving. After being pulled over the patrol officers decided to do a standard sobriety test on the celebrity, and it was then around 12:20 pm that he was arrested and taken to the Van Nuys correctional facility by LAPD.

]]> A highway patrol officer has stated that Brown was picked up while driving at the corner of Wilbur Avenue and Victory Boulevard. In 1996 Brown was convicted of a DUI in Georgia so this may not be his first offense. Brown will face a court date at a later time and has been released at this time. It's currently unknown what type of substance Brown was suspected of being under and what penalties he may be facing when he appears in front of a judge.

For those living in the Orlando area, finding an Orlando criminal defense attorney can help if you're in this similar situation. Having a professional attorney to assist you while you face charges and possible conviction can help dramatically in the courtroom. With a lawyer whose experience deals extensively with Florida DUIs, you can be sure that you have them representing you in the Orlando area.