Archive for the ‘DUI’ Category

Police Charge Carlos Bertonatti with DUI Manslaughter and Other Charges

Tuesday, January 19th, 2010

After allegedly killing a biker, Miami Dade Police have charged Carlos Bertonatti with a variety of charges including DUI Manslaughter, Leaving the Scene of an Accident with Death and several misdemeanors.  Bertonatti is alleged to have struck a biker on Key Biscayne and then fled the scene thereafter.  That biker, Christopher Lecanne, later died from the injuries he sustained. 

 Bertonatti, who is a local songwriter, is going to be subject to heavy media scrutiny as a result of being charged with these crimes.  Comments at the bottom of news websites are reading like a lynch mob as every person forgets that someone accused of a crime is innocent until proven guilty in a court of law.  If you are a public figure and charged with a crime let one of the Criminal Law Group’s experienced attorneys fight for you.  We know the sensitivity of a criminal prosecution and our experienced team knows how to deal with media scrutiny our clients may face.  Let the Criminal Law Group be your voice.  Call 759-9169 in Dade and Broward and remember you have rights, the police can be wrong!

Golden Beach Town Manager Alexander Diaz arrested for DUI

Thursday, January 7th, 2010

Anyone can be arrested for DUI.  Even Alexander Diaz Golden Beach town manager.  Even though he was only a passenger in the car at the time the police pulled over his driver for suspicion of DUI!  The Miami Beach police department ultimately arrested Diaz because he allegedly tried to get into the driver’s side of the car with keys in hand.

Legally, all that is required to prove the ‘driving’ component of driving under the influence is that a person be in actual physical control of the motor vehicle.  In this case from the CBS 4 article it is unclear whether the police legally can make out actual physical control.  The Criminal Law Group is one of South Florida’s premier DUI defense firms.  DUI law is complex and often times DUI investigations are handled by inexperienced police officers and prosecuted by new prosecutors. Attorney Matthew Sauerwald of the CLG was a traffic homicide prosecutor with the Miami Dade State Attorney’s Office and has handled thousands of DUI’s as a criminal defense attorney and prosecutor.  If you have been arrested for a DUI you need to talk to an experienced attorney from the The Group now.  Call 759-9169 in Broward or Dade.

Establishing A Successful Florida DUI Defense

Thursday, December 24th, 2009

Florida DUI laws are some of the strictest in the country and can carry serious consequences in the form of jail time and license suspension or revocation. Before you plead guilty to any Florida DUI charges, it’s important to discuss your case with a qualified Florida DUI attorney who can explain your legal rights and options.  (more…)

Establishing a Successful Florida DUI Defense, Part B

Thursday, December 24th, 2009

In order for the State to convict a person of a Florida DUI charge, they must prove certain elements in a court of law. If the State cannot prove what is required of them, they cannot convict a person of a Florida DUI charge. (more…)

Florida DUI Defense: DUI Field Sobriety Tests

Thursday, December 24th, 2009

Field sobriety tests are questionable aspects of many Florida DUI cases. Field sobriety tests are NOT used to determine a level of intoxication because field sobriety tests are NOT accurate in determining a person’s level of intoxication. Even when these tests are administered in perfect conditions, they are still far below perfect in determining alcohol impairment.  (more…)

Florida DUI Defense: DUI Field Sobriety Tests, Part B

Thursday, December 24th, 2009

Standard field sobriety tests (SFSTs) are not entirely accurate and improper performance can lead to incorrect results, i.e., arrest for intoxication without true impairment. People not under the influence can have considerable problems passing field sobriety tests. (more…)

Florida DUI Defense: Proving an Unlawful Traffic Stop

Thursday, December 24th, 2009

A successful Florida DUI defense is built in layers with multiple attacks being brought against the DUI charge. It is imperative then, to fully understand what comprises a Florida DUI charge.  (more…)

Florida DUI Defense: Proving an Unlawful Traffic Stop, Part B

Thursday, December 24th, 2009

While it may be a general belief that speeding indicates intoxication and a DUI charge, the NHSTA does not agree. Despite the “appearing to be drunk” factor, Florida police officers cannot randomly stop a vehicle. (more…)

Defending a Florida DUI Charge

Thursday, December 24th, 2009

The State of Florida takes Driving under the influence (DUI) very seriously. The law states that a driver with a Blood Alcohol Concentration (BAC) of .08 or above is presumed to be impaired. Therefore, it is vital that a driver charged with a DUI in Florida retain an attorney that will aggressively pursue the multiple defenses that are can be used to attack the DUI charge.  (more…)

Defending a Florida DUI Charge, Part B

Thursday, December 24th, 2009
  • Implied Consent Warnings – Both the driver’s license suspension and the results of the chemical test may be suppressed if the officer did not advise the driver, or gave the warning incorrectly, of the consequences of refusing to take a chemical test;  (more…)