text and drive

Three Ways Text Messages Can Hurt Your DUI Case

We’ve all been out with friends and taken a selfie or group photo, then instantly uploaded the photo to Facebook, Instagram, or Twitter. This is harmless fun, unless you get pulled over later for drinking and driving and there are posts on your social media showing you’ve been drinking. While smartphones are convenient and help us get a lot done, they can also be used against you in legal matters. It is common for parties going through a divorce to use text messages and other electronically stored data against their spouse, and that trend has made its way to the criminal law world as well.

In a recent case, a criminal defendant’s deleted text messages were recovered and used against him in a case claiming he had sent explicit texts to an underage girl. If you are facing a DUI charge, here are three ways your text messages can hurt your case:

  • If you sent messages about where you were and those messages included information that alcohol was involved, the data might be used in your case to suggest you had been drinking just before driving. If this type of evidence makes its way into your case, it will be an uphill battle to prove your BAC was under the legal limit or that the test result was not accurate.
  • If you sent messages while driving and mentioned leaving one establishment and going to another, again making references to drinking, that information could be used to show you had been drinking before taking the wheel. In that type of situation the timing of the message would also come into play because it would show the exact time sent and the activity you were engaged in when sending the text.
  • If any photos were attached to a text message showing you drinking and/or driving that evidence could also be used against you in a DUI case.

The best advice is to be cautious about what you post online, when you send text messages, and the content of your messages. If you have been arrested for DUI, call us for help. Whatever your particular set of facts, we offer aggressive defense of the charges against you.

If you have questions about DUI defense, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.

Two Ways To Get Ticketed For Texting While Driving

The dangers of texting and driving are well known. Studies show taking your eyes off the road even for the minimal amount of time texting takes can have serious consequences because the time needed to refocus is significant. This means that the dangers of texting and driving are well known. Studies show taking your eyes off the road even for the minimal amount of time texting takes can have serious consequences because the time needed to refocus is significant. This means that when you text and then shift your gaze back to the street you are driving without fully paying attention to the rules of the road. To combat this growing problem and decrease the number of accidents related to texting and driving, Florida has passed a ban on texting while operating a motor vehicle.
The law is close to a year and a half old, and thus far has not netted the number of citations officials envisioned. This may be due to the fact that texting while driving isn’t something you can be pulled over for without further cause. Two ways to get a ticket for texting and driving are:
● Speeding
● Failure to wear your safety belt
If you are pulled over for another traffic violation, such as one of those listed above, and are found to be texting while driving you can expect to receive a citation for violation of the text ban as well. The current law makes it a secondary offense to text and drive, and that is why you cannot be pulled over simply for that act. If you have received a ticket for texting and driving you should put on a solid defense for that offense as well as the primary offense that led to the texting ticket. We can help you develop a strategy that works, call our office for help.
If you have received a traffic ticket or two, contact an experienced traffic ticket defense attorney in Stuart and the Treasure Coast. Your first visit is a free consultation and we work with you to reach results that fit your needs.
When you text and then shift your gaze back to the street you are driving without fully paying attention to the rules of the road. To combat this growing problem and decrease the number of accidents related to texting and driving, Florida has passed a ban on texting while operating a motor vehicle.

The law is close to a year and a half old, and thus far has not netted the number of citations officials envisioned. This may be due to the fact that texting while driving isn’t something you can be pulled over for without further cause. Two ways to get a ticket for texting and driving are:

  • Speeding
  • Failure to wear your safety belt

If you are pulled over for another traffic violation, such as one of those listed above, and are found to be texting while driving you can expect to receive a citation for violation of the text ban as well. The current law makes it a secondary offense to text and drive, and that is why you cannot be pulled over simply for that act. If you have received a ticket for texting and driving you should put on a solid defense for that offense as well as the primary offense that led to the texting ticket. We can help you develop a strategy that works, call our office for help.

If you have received a traffic ticket or two, contact an experienced traffic ticket defense attorney in Stuart and the Treasure Coast. Your first visit is a free consultation and we work with you to reach results that fit your needs.

Is Texting And Driving The New “DUI”?

tracksAs technology becomes more and more advanced, it is used more frequently. Unfortunately, many drivers engage in activities involving electronics on their daily commute. Texting, emailing, and even playing games on your phone can have consequences as disastrous as driving while under the influence of drugs or alcohol.

One group that consistently engages in text and drive behavior is teen drivers. In fact, the Wall Street Journal reports texting while driving is more common among teenagers than is smoking! At the reported rates, it won’t be long before texting and driving reaches epic proportions. The statistics show:

● 41.1% of teenage drivers admit to texting (or emailing) while driving.

  • South Dakota topped the list with 61.3% of teens admitting they texted or emailed while driving.

● Massachusetts had the lowest rate, at 32.3%.

Given these numbers, it isn’t unlikely to see punishment for accidents happening under these circumstances similar to the punishment meted out for DUI offenses. This may include loss of driving privileges, fines and penalties, and probationary periods. However, unlike DUI law it may be more difficult to put on a defense. An accident caused by texting while driving doesn’t include a field sobriety test, so the evidence as to what caused the incident is less tangible. One viable tactic is to obtain phone records for an examination of use at the time of accident. A skilled criminal defense attorney can be helpful in developing your defense, and will argue your case in a light most favorable to you. We are here to protect your driving rights, and minimize the impact driving arrests have on your life and driving record.

If you have been arrested for DUI or another driving related offiense, call our office to speak with a qualified criminal defense attorney. We help people in Stuart and the Treasure Coast. Your first visit is a free consultation, call today to schedule an appointment.

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