Archives November 2024

This holiday season, while celebrating with loved ones and enjoying Miami’s nightlife, remember that DUI arrests tend to increase due to more law enforcement patrols and checkpoints. If you’re arrested for DUI after a holiday event, knowing the right steps to take can help protect your rights and future.

1. Stay Calm and Cooperate

Being arrested is a stressful experience, but remaining calm is crucial. Avoid fighting or resisting the officers, as this could lead you to additional charges.

2. Understand Your Rights

Under Florida law, you have specific rights during and after a DUI arrest:

• Right to Remain Silent: Remember anything you say can be used against you. It’s best to limit your conversation with officers to basic identifying information.
• Right to an Attorney: You are entitled to legal representation. Request an attorney as soon as possible.

3. Take Note of the Arrest Details

There are several key points that, if you have the opportunity, you should write down and keep on hand, such as:

• The location and time of the stop.
• Whether you were read your Miranda rights.
• The behavior of the arresting officers.
• Any statements you made or actions you took during the stop.

These details can be crucial in building your defense.

4. Secure Legal Representation Immediately

One of the most important steps you can take is contacting an experienced Miami DUI attorney as soon as possible. A skilled lawyer can:

• Review the evidence against you, including the results of sobriety tests.
• Investigate whether the stop and arrest followed legal procedures.
• Develop a defense strategy tailored to your situation.

5. Act Quickly to Protect Your Driver’s License

In Florida, you only have 10 days from the date of your arrest to request a formal review hearing to contest the suspension of your driver’s license. Failing to act within this timeframe may result in losing your driving privileges for an extended period.

6. Plan for Your Defense

DUI charges can carry severe penalties, including fines, license suspension, mandatory classes, and even jail time. Your attorney can explore various defense strategies, such as:

• Challenging the validity of the traffic stop.
• Questioning the accuracy of the breathalyzer or field sobriety test results.
• Identifying procedural errors made during the arrest.

7. Stay Proactive Throughout the Legal Process

While your attorney will handle the complexities of your case, staying informed and proactive can benefit your defense. Attend all court dates, complete any recommended classes or evaluations, and avoid further legal issues during this time.

Why Acting Quickly Matters

A DUI arrest during the holidays can be overwhelming, but taking quick and smart action can make a big difference in your case. With Miami’s lively holiday scene, DUI cases here often have some unique twists that need a lawyer who knows the local scene.

If you find yourself facing legal issues related to a DUI checkpoint, consulting with a knowledgeable criminal law attorney is crucial to protect your rights and build a strong defense. Remember, responsible choices on the road benefit everyone, making the holiday season safer and more enjoyable for all.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Did you know that it is a criminal offense to refuse to submit to a chemical test if lawfully requested to do so by a police officer at an OUI stop in Maine?

If convicted, the criminal justice system will treat you even more harshly than it would a standard OUI offender.

However, like with any OUI, the charge can be challenged and may be successfully fought with the right legal help from seasoned OUI lawyers. Here’s what you need to know about beating an OUI refusal in Maine.

What is the implied consent law?

A driver’s license is considered a privilege and not a constitutional right in Maine. As such, it is provided (and can be withdrawn) by the State.

When it comes to Maine OUI laws, anyone who holds a driver’s license in the state must provide a chemical sample for testing upon the request of a law enforcement official, provided the officer has probable cause to believe that the suspect is operating a motor vehicle while under the influence of an intoxicant.

The chemical sample requested could be breath, blood, or urine and the sample requested may depend on whether the officer believes the impairment is from alcohol, drugs, or a combination of the two.

The key to these cases is often whether or not the officer has “probable cause” to order the test. This means there must be a “reasonable belief” that the driver is impaired. Dangerous or erratic driving are good examples of probable cause for OUI stops.

How long is a license suspension for an OUI refusal?

A driver accused of an OUI refusal faces an automatic license suspension by the Maine Bureau of Motor Vehicles (BMV). This is an administrative suspension, the length of which depends on whether it is a first or subsequent offense:

• A first-offense refusal results in a BMV suspension for 275 days.
• A second refusal within 10 years results in a BMV suspension of two years.
• A third refusal within 10 years results in a BMV suspension of four years.
• A fourth refusal within 10 years results in a BMV suspension of six years.

Remember, these suspensions are administrative, meaning that no court action is necessary. If the case goes to court, a conviction will result in another court-imposed license suspension that must be served consecutively after the BMV suspension—plus higher mandatory fines and longer jail time than in standard OUI cases.

Such license suspensions get no relief, meaning that the full suspension must be served unless it is successfully challenged. Work-restricted licenses or Ignition Interlock Device (IID) programs are not available under OUI refusal license suspensions.

Drivers who refuse to provide a sample are, therefore, even more harshly treated than those convicted of OUI. In effect, an OUI refusal is treated more like an aggravated OUI offense than a standard OUI.

Can an OUI refusal be contested in Maine?

In many cases, successfully fighting a Maine OUI criminal charge requires appearances before both the Bureau of Motor Vehicles and the criminal courts in Maine. Winning a case at the BMV can help the outcome of the criminal case, though they are treated separately.

Requesting a BMV hearing on the administrative suspension is the first step to beating an OUI refusal charge. Your OUI lawyer can assist with this as soon as the charge has been filed, with a deadline of 10 days from the effective date of the suspension to request the hearing.

Once the request for a hearing has been filed with the BMV, a stay (postponement) of the license suspension will come into effect until the administrative hearing is concluded.

The BMV hearing for an OUI refusal

The standard of proof at the criminal courts (“beyond a reasonable doubt”) is much higher than at the BMV hearing, which uses the “preponderance of the evidence” standard. This latter standard means that it is more likely than not that something occurred. This is designed to make it easier for the State to win cases.

The hearing is a “free deposition” of the arresting officer in front of a Hearings Examiner. Often, the officer is the only witness present. Probable cause and the accusation of impairment come from the officer’s opinion rather than any empirical evidence.

How can an OUI refusal lawyer help you?

Overturning the suspension is challenging but more likely with a seasoned OUI lawyer at your side. Your lawyer will attempt to convince the Examiner that the preponderance of evidence suggests that the account of the police officer is incorrect.

Winning administrative hearings is tough because the odds are stacked against drivers. Even if the administrative case is lost, attending a hearing, having your OUI lawyer cross-examine the police officer, and understanding the evidence against you can help with the preparation of the defense in a criminal case.

It should be remembered that the testimony from the arresting officer can later result in an OUI conviction—and a permanent criminal record—even without any results from a chemical test.

The Hearings Examiner at the BMV hearing will need to consider whether the law enforcement officer had “probable cause” or a “reasonable belief” that the accused:

• Was operating a motor vehicle while under the influence of intoxicants.
• Was informed of the consequences of failing to submit to a test.
• Failed to submit to a test.

If there is enough doubt in the Examiner’s mind about any of these elements, the suspension may be rescinded, saving the accused a minimum 275-day license suspension. However, this  won’t stop the criminal proceedings.

Why should you fight an OUI BMV suspension?

The most obvious reason for fighting an OUI suspension is to prevent your license from being automatically suspended for a minimum of 275 days.

However, there are other reasons. Winning the BMV hearing does not mean that the criminal case will be thrown out. The harsh consequences of an OUI refusal conviction—and the permanent criminal record—mean that you should do everything possible to provide an advantage in the criminal case before a judge.

For a first OUI refusal conviction, offenders are looking at a minimum penalty of an additional 90-day license suspension, 96 hours in jail, and a $500 fine. These minimum penalties increase greatly for subsequent convictions within 10 years.

Avoiding these penalties and the longer-term consequences of a criminal record, such as issues with employment, education, housing, travel, insurance, and immigration, should be a priority for those accused of an OUI refusal.

Requesting a BMV hearing can uncover valuable details and evidence for the criminal case. Your OUI lawyer will be looking for every detail possible to identify weaknesses in the prosecution’s case and assist your defense.

Another reason for fighting the BMV automatic license suspension is that all BMV administrative suspensions appear on your driving record and are considered “prior” OUI offenses. So even if you are found not guilty at the Criminal Court, but the BMV suspended your driver’s license, this administrative suspension can be counted as a “prior” offense if you are charged with OUI again.

For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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Anyone charged with a second OUI in Maine should expect little leniency from the criminal justice system.

This makes it even more important to challenge the charges and avoid a conviction. Educating yourself about what constitutes a second OUI in Maine and the potential penalties for the offense is the first step.

Here’s what you need to know.

What is considered a 2nd OUI in Maine?

OUI charges can be filed against anyone suspected of operating a motor vehicle while:

• Under the influence of alcohol or a controlled substance, including drugs or prescription medications.
• Having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath (the legal limit).

A second-time OUI offense is committed when an individual either has a DUI conviction or a DUI-related offense within Maine or any other U.S. state within the last 10 years. This includes refusals to take a chemical test.

The prior OUI essentially “aggravates” the pending charge, making the second charge even more serious than the first.

What are the penalties for a 2nd OUI in Maine?

For a second OUI offense, the penalties become more severe. These penalties can come in the form of higher fines, a longer driver suspension, and mandatory jail time.

With first-time OUIs, there is a recognition that people make honest mistakes. Often, an experienced OUI lawyer can plead a case for leniency if the case cannot be dismissed.

A second OUI, however, indicates to the authorities a pattern of errant behavior from an individual who has not been deterred. The Maine criminal justice system views this extremely dimly, with the prosecutor far less likely to negotiate.

Here’s a summary of the potential mandatory penalties you could face for a second OUI in Maine:

• A mandatory fine of $700 (plus fees and surcharges)
• A mandatory license suspension of three years ordered by the court
• A mandatory jail sentence of seven days
• A court-ordered suspension of the person’s right to register a motor vehicle

A second OUI charge (if nobody was injured in the OUI incident) is considered a Class D misdemeanor. In some cases, the mandatory seven-day jail sentence can be served in the Second Offender Alternative Sentencing Program with community service for a week supervised by the county jail.

If an injury is caused by a driver found to be operating the vehicle while intoxicated, penalties escalate significantly, possibly including several years in prison and revocation of the driver’s license for life.

Penalties for third and fourth OUI offenses are even more serious than those for a second OUI conviction.

What are the penalties for a second chemical test refusal in Maine?

In Maine, the “implied consent” law means that refusing to submit to a chemical test is also a criminal offense. Provided the request is from an authorized law enforcement official with probable cause, offenders can face harsher penalties than with a straightforward OUI.

The chemical test can be a breath, blood, or urine test. Second-time refusal offenses attract the following penalties:

• A mandatory jail sentence of 12 days
• A mandatory minimum fine of $900 fine
• A mandatory court-imposed three-year driving suspension, plus an 18-month administrative suspension from the Maine Bureau of Motor Vehicles (BMV)

The administrative license suspension begins immediately upon refusal to take a chemical test.

How does a second OUI impact drivers in Maine?

With a second OUI, the BMV can suspend your driver’s license simply from a police report—no court processes are required.

However, you can request an administrative hearing at the BMV to challenge the suspension. This is generally advisable as it will at least postpone the license suspension until after the hearing.

At the administrative hearing, an OUI attorney can plead your case and, if successful, the administrative suspension will be withdrawn. However, you could still face a court-ordered license suspension of three years for a conviction for a second offense OUI.

A suspension for a second OUI will not include a  right to a work-restricted license. However, under certain circumstances, you may be able to drive before the end of the three-year suspension period.

Notably, after serving nine months of the suspension, drivers can often drive with an Ignition Interlock Device (IID) fitted in their vehicles. This is an in-vehicle breathalyzer device that will only allow the engine to start if the driver registers a zero reading.

The Maine DEEP program

Maine’s DEEP program is a weekend-long substance abuse evaluation program, which all OUI offenders must attend before being eligible to join the ignition interlock device program or having their license reinstated.

For second-time OUI offenders, the DEEP office will evaluate the offender and may recommend additional one-on-one substance abuse counseling.

What if you’re charged with a 2nd OUI but live outside Maine?

For non-Maine residents who are charged with a second offense OUI while on vacation or working in Maine, the same penalties apply as for Maine residents.

The defense offered by an OUI lawyer is also likely to be the same, but non-residents are less likely to be able to attend court in person. Even if the individual does not attend the arraignment,  attendance would be mandatory at a trial.

When it comes to license suspensions for non-residents of Maine, the BMV will suspend the license but the home state may not apply any suspension until notified by the BMV of a suspension or an OUI conviction. In most cases, to escape a suspension, fighting the BMV suspension and pursuing a case dismissal or not-guilty verdict is recommended.

How can an OUI lawyer in Maine help you?

Appointing an experienced OUI lawyer with intimate knowledge of the OUI laws and judicial system in Maine, and who is persuasive toward prosecutors and judges, can prevent the severe consequences of a second OUI.

Your defense may be constructed around any of the following:

• No reasonable suspicion to stop you
• No probable cause to breathalyze you
• Improperly executed sobriety tests
• No certification for the police officer to use the breathalyzer
• Improper calibration of the breathalyzer
• Improperly executed breathalyzer or blood test

For second OUI charges, an experienced OUI lawyer will also investigate the prior conviction to see if there are any constitutional issues with it. Your lawyer may also call on expert witnesses to support your case or recommend that you enroll in alcohol or substance abuse treatment to improve your legal position.

For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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In most states, there are many different places that the average person can take a driving course to satisfy court requirements as related to a DUI conviction. However, in the state of Maine, there is only one place that you can take this type of course, since it is the only state-approved provider of alcohol education classes.

What is Maine’s DEEP Program?

The Driver Education and Evaluation Program, normally referred to as DEEP, is the state’s main tool for the prevention of repeat offenses, and it is a great method of keeping the public as safe as possible from those offenders charged or convicted with driving under the influence of alcohol or drugs.

Types of Courses

There are courses for different demographics, such as a course for offenders under the age of twenty-one and another for those who have reached the legal drinking age. Make sure when you enroll that you enroll in the appropriate program so that you can receive the proper credit from the Secretary of State. This is important, because if you do not complete the right court-approved program, you may be unable to get your driving privileges reinstated.

In addition to these two classes, there are others specifically designed for out-of-state offenders, military personnel, and program completion courses. Check with your lawyer to find out which course is best in your situation.

Cost Associated with Maine’s DEEP Program

The DEEP course series is not a free or even income-based one, and the offender is entirely responsible for the payment of all course fees. In many cases, it is a flat fee of $300, which is subject to change without prior notice depending on the program’s schedule and other factors. Transportation to and from DEEP is not provided, and you are still responsible for getting a ride to and from each class.

For experienced legal help with any OUI charge or Maine’s DEEP program, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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Background of the drunk driving Incident

The case traces back to a fatal crash that occurred on Shore Road in Castine in the fall of 2023. Tavares was a passenger in a vehicle driven by Joshua Goncalves-Radding, who was under 21 and allegedly intoxicated. Tragically, the crash claimed the lives of four college students: Brian Kenealy (20) of York, ME; Chase Fossett (21) of Gardiner, ME; Luke Simpson (22) of Rockport, MA; and Riley Ignacio-Cameron (20) of Aquinnah, MA.

According to prosecutors, Joshua Goncalves-Radding was driving over 100 miles per hour when he lost control of the vehicle. The car went airborne, struck a tree, and burst into flames. It was later revealed that Joshua Goncalves-Radding had both alcohol and marijuana in his system at the time of the accident.

Original Charges Against Tavares

Initially, Tavares faced several serious charges which included manslaughter, aggravated operating under the influence, reckless conduct with a dangerous weapon, driving to endanger, and reckless speeding, even though she was not driving the vehicle.

Prosecutors accused her of being an “accomplice or co-conspirator,” primarily due to her involvement in purchasing alcohol consumed by Joshua Goncalves-Radding that night. This involvement opened her up to felony charges, as the tragedy unfolded partly due to impaired driving.

The Plea Agreement

On a Friday morning in the Hancock County Courthouse, Tavares entered a new plea agreement. She pleaded guilty to one count of furnishing liquor to a minor—a lesser charge compared to the original counts she faced. This plea deal meant that all other charges, including the manslaughter charges, were dropped.

Tavares’ attorney, William Bly, expressed relief at the outcome, noting that, “Out of 14 counts, she’ll have a single, Class D misdemeanor on her record.” While the conviction will result in a criminal record, the more severe felony charges have been removed, allowing Tavares a chance to rebuild her life with fewer long-term repercussions.

Conditions of Tavares’Plea Deal

As part of the plea agreement, Tavares’ sentencing has been deferred for two years, providing her an opportunity to meet specific conditions to avoid more severe penalties. One key condition is that Tavares must speak to incoming Maine Maritime Academy students about the dangers and consequences of impaired driving.

Attorney William Bly emphasized the importance of this educational component, saying, “There needs to be some kind of learning from this. Kids just don’t understand the consequences of driving under the influence.”

If Tavares successfully meets the conditions of her deferment period, her final sentence will be significantly reduced to a $500 fine. However, if she fails to comply, she could face up to five years in prison.

The Driver’s Sentence

In a separate ruling, Joshua Goncalves-Radding, who was driving at the time of the crash, received a sentence of three years in prison for his involvement. His impaired state and reckless driving directly contributed to the deaths of the four young students, and his sentence reflects the gravity of his actions.

A New Path Forward

Tavares’ next scheduled court appearance is set for November 17, 2026, when the court will review her compliance with the conditions of her plea deal. For now, she has an opportunity to avoid further imprisonment by using her experience to help prevent similar tragedies in the future.

Final Thoughts

This case is a somber reminder of the tragic consequences of impaired and reckless driving. William Bly’s skillful representation allowed Tavares to avoid a life-altering felony conviction and instead focus on rehabilitation and community education. While no legal outcome can undo the loss of life in this tragic accident, the plea deal provides a pathway toward redemption and healing.

When someone is convicted of a crime, the legal process doesn’t always end with the verdict. In many cases, post-conviction relief in Florida allows a person to challenge their conviction after the trial is over. It can be an important tool for seeking justice, especially when new evidence or legal mistakes come to light.

Discover key reasons for Post-Conviction Relief in Florida and how they impact those seeking justice.

1. Newly Discovered Evidence

One of the most common reasons people seek post-conviction relief is the discovery of new evidence. This evidence may not have been available during the original trial and could change the outcome of the case. New DNA evidence, witness testimony, or physical evidence that was missed earlier can be key to seeking post-conviction relief (PCR). If the new evidence is strong enough to challenge the original conviction, it could lead to a new trial or even exoneration.

For example, DNA evidence that wasn’t available during the original investigation might show that someone was wrongfully convicted. In these cases, PCR is a crucial tool to right the wrong and give the accused a second chance.

2. Ineffective Assistance of Counsel

Everyone has the right to a lawyer who does a good job, and if someone’s attorney didn’t provide effective help, it could be a reason to ask for post-conviction relief. It’s shown that the lawyer didn’t do their job right and that it affected the case, the defendant might be able to get PCR.

Examples of ineffective assistance of counsel can include:

• Not investigating important evidence
• Using poor defense strategies
• Not calling key witnesses
• Failing to communicate properly with the defendant

If the attorney’s mistakes led to a conviction that wouldn’t have happened otherwise, the court may allow post-conviction relief.

3. Constitutional Violations

Sometimes, a conviction happens because the defendant’s constitutional rights were violated. This could include things like improper police actions, like illegal searches, or not giving the defendant a fair trial. Some common constitutional violations include:

• Unlawful search or seizure: If evidence was taken illegally and used against the defendant, that could be a reason for PCR.
• Right to remain silent: If the defendant’s Miranda rights were ignored, or they were forced into giving a confession, that could be grounds for post-conviction relief.
• Juror misconduct: If a juror acted unfairly or behaved improperly during the trial, it might be a violation of the defendant’s right to a fair trial.

If it is shown that the defendant’s rights were violated during the trial, post-conviction relief can be used to fix the mistake.

4. Prosecutorial Misconduct

Prosecutorial misconduct is another reason someone might seek post-conviction relief. Prosecutors are supposed to seek justice, not just win cases, but sometimes they make mistakes, whether on purpose or by accident. Some examples of prosecutorial misconduct that could lead to PCR include:

• Hiding evidence that could prove the defendant’s innocence
• Using false or misleading evidence to get a conviction
• Making improper comments during closing arguments
• Not revealing conflicts of interest

When prosecutorial misconduct happens, it can affect the fairness of the trial and lead to an unfair conviction. In those cases, post-conviction relief might be needed to fix the situation.

5. Sentencing Errors

Sometimes, a defendant might be convicted but get the wrong sentence. This can happen if there’s a mistake in calculating their criminal history, applying the wrong sentencing rules, or figuring out if they’re eligible for things like parole or sentence reductions. In Florida, if a sentencing mistake is found after the conviction, PCR can be used to try to change or reduce the sentence.

For example, if someone was sentenced based on a law that’s later found unconstitutional, or if the court made a mistake in applying extra penalties, they might be able to challenge their sentence through post-conviction relief

Contact a Criminal Defense Lawyer

If you or a loved one is considering post-conviction relief, it’s crucial to work with an experienced criminal defense attorney. The legal process can be complex, and having a knowledgeable advocate who understands the ins and outs of PCR can make all the difference in obtaining a favorable outcome.

A post-conviction relief lawyer must have a strong understanding of the processes associated with post-conviction relief proceedings. Attorney Russell Spatz has experience on both sides of the aisle — as both prosecutor and now criminal defense attorney in Miami — and knows how to conduct effective investigations in the often short amount of time allotted for post-conviction relief proceedings. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.