Z Law Firm

Florida Statute §893.135 which governs Florida’s drug trafficking laws was enacted for the purpose of combatting high-level drug traffickers and dealers.   The penalties for violating any section of this statute were harsh.   Drug traffickers would be faced with minimum-mandatory periods of imprisonment and substantial fines.   On its face, this appeared to be an idea that would not be met with much opposition. However, what the statute failed to take into account were the large numbers of addicts who would find themselves caught in this web for simply possessing a predetermined weight of drugs despite the fact that these individuals had no intent whatsoever to sell or traffic their drugs.   Things only got worse when the State of Florida cracked down on trafficking in prescription narcotics (oxycodone and hydrocodone) that individuals were obtaining from the so called “pill mills”, or worse yet, teenagers were gathering from their parent’s and grandparent’s...

The Fourth Amendment is still alive.   In a unanimous decision (9 – 0 for those of you keeping score), the United States Supreme Court held that law enforcement may not search the cell phones of criminal suspects upon arrest without a warrant.   The justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement. The issue arose following the arrests and subsequent conviction of defendants in Massachusetts and California.   In these cases, United States v. Wurie , No. 13-212 and Riley v. California , No. 13-132, the defendants were convicted, in part, after phone numbers, text messages, photos and addresses obtained from personal electronic devices linked them to drug and gang activity.   Those cases were appealed to the high court, giving it an opportunity to re-enter the public debate over the limits of privacy rights, with...

The issue of whether you can be charged with both misdemeanor driving while license suspended in violation of section 322.34(2) and felony driving while license suspended in violation of section 322.34(5).  This issue was addressed in Pedro Gil v. State of Florida, No. SC11-1983 (July 11, 2013).   On October 6, 2009, Pedro Gil was stopped in Miami-Dade County for speeding. Gil informed the officer that his driver’s license was suspended, and Gil was then arrested. For purposes of this case, the arrest report listed the following charges: driving with a suspended license (DWLS), in violation of section 322.34.   On October 27, 2009, Gil pled nolo contendere to the misdemeanor DWLS charge in a county court and was adjudged guilty of this charge. Gil was sentenced to six months’ probation and two hundred hours of community service, plus the payment of $358. On the same day, the State Attorney for the Eleventh Judicial Circuit filed an information that charged Gil with ...

For almost a decade, the legal blood alcohol level for DUI cases has been 0.08.  The National Transportation Safety Board (NTSB) is now recommending that the level be reduced to 0.05 claiming that this decrease would reduce alcohol related crashes by fifty (50) percent.  The NTSB Chairman was quoted as saying, "This is critical because impaired driving remains one of the biggest killers in the United States."

We are all familiar with Tru TV’s television show “Bait Car,” but the NYPD may have taken it a little too far.   The NYPD says the practice has been a valuable tool for catching career criminals and deterring thefts in public places. But a recent court ruling throwing out a larceny case against a Bronx woman cast a harsh light on a tactic critics say too often sweeps up innocent people. In 2010, Deirdre Myers, a 40-year old single mother with no criminal charges was charged with petit larceny and possession of stolen property.   The events leading to her arrest began when a dark car raced down the block before stopping. Another vehicle carrying plainclothes officers wasn't far behind. When the driver got out and ran, the officers gave chase. “Myers' daughter, seeing that the driver left the car door open, went over and peered inside to see personal items that included what looked like a bundle of cash — in reality, a dollar bill wrapped around pieces of newspaper. ...

In 2008, the Florida Legislature greatly enhanced the penalties for a first-time DUI offender.   Prior to 2008, a first-time DUI was enhance able only after the accused provided a breath alcohol level over a 0.20.   Beginning in 2008, the breath alcohol level required to enhance the penalties for DUI was reduced to 0.150, subjecting many more persons to the enhanced DUI penalties. Today, if you are faced with a DUI with a breath alcohol level of a 0.150 or higher, you may be faced with a fine of not less than $1,000.00 and not more than $2,000.00; imprisonment of not more than nine (9) months and the mandatory placement of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than six (6) continuous months.

If you have been arrested and charged with the offense of DUI, and you either had a breath alcohol level above a 0.08 or refused to submit to the breath test, then you are facing the prospect of losing your privilege to drive.   Hiring a qualified DUI Attorney can limit the time you will be without a driver’s license.   The first course of action is to apply for a formal review hearing at the local Administrative Review Office.   This must be done within ten (10) days of your arrest.   Applying for the formal review hearing will not only allow you to obtain a work permit for approximately the next 42 days, it will also give you an opportunity to contest the administrative suspension you are facing. For a first offense DUI, you will be looking at a suspension for a period of 180 days up to one-year.   During this period, you may become eligible for a Hardship License upon completion of the DUI Counter Attack School.   If your suspension has been su...