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Talking About Your Case On Social Media

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If you have an open case, stop posting to social media.

Please believe me when I tell you this… posting on social media will harm your case!  If you are arrested and waiting trial, stop posting on all social media sites.  Never, never, never post anything about your case; I recommend you stop posting all together.

Even if you think you are saying something completely irrelevant, the prosecuting attorneys are watching your sites closely to find anything they can use against you; a picture of you with a drink, a picture of you with a friend, a comment on someone else’s photo… they will find it all.

If you have an open case, stop posting to social media.

Don’t kid yourself into thinking that only your friends will see these posts, nothing is private on social media; the entire reason for social media is to share information.  Several courts have ruled that even though the privacy settings are on, social media postings are not private.  Facebook and Twitter even warn users of this in their privacy policies.

Let’s say you are fighting a DUI case, and on your Facebook page there was a picture, taken years ago, of you holding a drink… maybe it’s a good picture and you decide to change it to your profile picture.  The attorney for the other side may see you holding the drink and now he will ask the judge for full access to all you social media accounts.

“A survey of over 1,200 police agencies around the country showed that a whopping 80 percent of officials said they’ve used social media to collect evidence in criminal cases––the majority of which indicating that the information they find there helps them solve crimes faster than they would otherwise.”[1]

Some information that can be obtained from social media is:

  • Background information, witnesses and suspects
  • What the suspect was doing in the weeks, days, or hours before the incident
  • A possible location of a suspect
  • Incriminating photos
  • Information that may support the argument that your actions were planned or thought about prior to the incident
  • Posts or pictures that may incriminate you in a more serious crime or illegal activity

Something so little can have huge ramifications on your case.

If you have an open case, stop posting to social media.

Some real-world universal laws also hold true in social media.  If you post something that may be damaging to your case and then delete it, you can be charged with destruction of evidence, this is a serious charge.

In the case Lester v. Allied Concrete Co., it was argued that Lester and his attorney had removed evidence from Facebook that showed his prior use of anti-depressants and his medical history.  The court granted a warrant for Facebook to release all information, and a complete search was done of Lester’s Facebook account.  A 32-page report was written and presented to the courts.  Imagine a detailed account of everything you have ever put on social media.

So I say to you one last time… If you have an open case, stop posting to social media.

If you need a Florida attorney, call us at The Law Office of Travis Koon.  We deal with criminal defense cases all throughout Florida with offices in Lake City, Gainesville and Miami, and may be able to help you with yours.

[1] http://stangllaw.com/facebook-posts-can-hurt-criminal-case-wisconsin/

Self Defense

Posted by | Attorney, Criminal Defense | No Comments

It seems to be a universally accepted fact that a person has the right to defend themselves against the perceived threat of bodily harm or death, even when the force used in defense would normally considered to be crime to do so.

Many laws vary from state to state, this article is giving a general overview, and an attorney should always be consulted in any legal issue.

Findlaw defines the argument of self-defense as:  “The right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence”.  [1]

This may seem like a straight-forward means of defense, but it rarely is.  There are many questions that surround this definition and need to be answered in each case.  What is considered a sufficient level of force?  At what point has the perceived victim gone beyond that point?  Could and/or should the person first attempted to retreat?  What if the victim provoked the attack?  What if the threat wasn’t really there?  This defense is more complicated that it seems on the surface.

The use of self-defense must be similar to the level of threat in question.  In other words, a person can only use as much force as needed to stop or remove the threat.  A victim cannot kill a person for slapping them across the face.

Self-defense justifies the use of force when it is used in response to an immediate threat, but one must stop using force once the threat has ended.  Any use of force by the victim after this point is considered to be retaliation and not self-defense.

Some states say the victim should first make an attempt to avoid the violence before using forces, but many have removed this clause and the “stand your ground” defense can be used.

The state of Florida condones the stand your ground defense and can be found in statute 776.012, which states:

…a person who uses or threatens to use force in accordance with this subsection does not have the duty to retreat before using or threating to use such force.

A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm…[2]

As stated earlier, the laws have many interpretations to each person and each situation, and an attorney should always be consulted when a person is being charged with a crime.  The Law Offices of Travis Koon are Florida attorneys that understand the ins and outs of Florida law, with offices located in Lake City, Miami, and Gainesville.  Call us today if you need legal consultation or have questions regarding your case.

[1] http://criminal.findlaw.com/criminal-law-basics/self-defense-overview.html

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

Miranda Rights

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Seizure | No Comments
DUI

Miranda Rights

If you ever watched a movie or TV show that showed an arrest, you have heard the Miranda Rights being read.  We all know the basics of it, but let’s look at this warning a little more, and dispel some of the misconceptions.

 

The Miranda Warning is simply and explanation of the person’s rights that are given before any interrogation can begin.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

 

If a person does not understand these rights, then it is best to speak up and say so, have it explained.  But once it is understood, my best advice is to politely stop talking.  Do not explain anything or make any remarks that may be used against you.  Stop talking and call an attorney.

 

In 1963 Ernesto Miranda was arrested and charged with the kidnapping and rape of a woman, he had a prior record as being a peeping tom.  He confessed to the crime but soon recanted saying he was forced and coerced into confessing.  He was found guilty, but the ACLU picked up his case and appealed it.  In Miranda v. Arizona (1966) the Supreme Court found that his Fifth Amendment rights had been violated.  The Fifth Amendment to the United States Constitution covers several issues, which include the right to due process, double jeopardy, but significant to this case because it protects the individuals from self-incrimination.  Miranda was re-tried and once again found guilty – but the Miranda Rights were born.

 

An arrest can occur without the suspect being Mirandized, if the police later decide to question the suspect, the rights will be read at that time.  A person may still be asked common information such as name and age, and can be searched, for the safety of the officer. 

 

It is a myth that if a person is not read their rights that they will not be found guilty of any charges.  It only means that the self-incrementing confession may not be used against them; it has nothing to do with protecting them against the punishment as a whole.

 

If you are arrested and read these rights, please take the advice and do not say anymore.  Call us immediately at The Law Offices of Travis Koon.  We are criminal defense attorneys in Florida and can speak with you about your case.  We are located throughout Florida with offices in Miami, Lake City, and Gainesville.  Before you tell your side of the story, always call and attorney and tell it to us first.  We are here to help you through this trying time.

New Florida Laws for 2015

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New Florida Laws for 2015

It’s the start of a new year; the time when we make new (or the same) resolutions, and feel that it is the time to get a new and fresh start, a time to try again.  According to law makers, it is also a time to let us all know about the new laws that are being added to the books.

Unfortunately, not knowing about the new laws will not always get you a pardon from the ticket or arrest.  The powers that be feel that we are responsible to pay attention to the news and know that laws that we must abide by.  In a way I agree with this, but at The Law Office of Travis Koon, we know that there are just some laws that our client’s don’t always know exist.  So we want to let you know about some changes that are happening.

Florida Minimum Wage.  Florida businesses and workers should have seen a change that took affect the start of the New Year; the state’s minimum wage increased from $7.93 to $8.05 per hour.  To help off-set this increase, employers should see a 5.2% decrease in workers compensation increase.

Booster Seats.  In the past, children ages 3 and under are required to be in a car seat, while kids 4 and 5 years old could use seat belts… but that has changed.  Now children through ages 5 must be in booster or car seats.  AAA Auto club recommends kids should remain in booster seats until they reach 4 feet 9 inches.  People violating this law may be fined $60 and have 3 points added to their driver’s license.

There were not many laws changed the beginning of this year, but are you aware of the laws that passed last year?  Here are a couple laws that we, The Law Office of Travis Koon, want to make sure you are aware of.

Pain Killers. Increase the amount of being in possession, sale, or manufacture of hydrocodone that is needed to receive the mandatory prison sentence.

Increase Sentences.   The minimum mandatory sentence was increased for dangerous sexual offenders against children to 50 years.

Drivers Leaving the Scene of an Accident.   If a person is involved in accident that results in an injury (a second degree felony) and leaves the scene of the accident, their driver’s license will be revoked for a minimum of 3 years.

These are just a couple of the laws that were passed in 2014.  While you may not be aware of all the new laws, we are.  The Law Office of Travis Koon is aware of the changes to laws and how they can affect you.  We are Florida attorneys with offices in Gainesville, Lake City, and Miami.  Call us immediately if you have had a run-in with the law and need a top notch criminal defense attorney.

Statute of Limitations

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It is amazing how a mistake from your past can still haunt you today. A ‘statute of limitations’ is the deadline for filing a lawsuit or being charged with a crime. Most must be filed within a certain amount of time and once the time on a case runs out, the legal claim is no longer valid.

The reasoning behind a statute of limitations is to ensure convictions only happen when the physical or eye witness evidence has not deteriorated over time; people’s memories fade, or change as the years pass. It is believed by some that if the criminal has been living in the public and maintaining a ‘reformed’ life, that after a reasonable amount of time, he/she is to be free from arrest and conviction.

The time that a person can file a lawsuit varies on the type of claim and the state in which it will be filed. For criminal charges, prosecutors cannot charge a person for a crime after the specified number of years has passed. But some crimes, such as murder, are considered so serious that there is no statute of limitations.

The case against the famous filmmaker Roman Polanski is still on-going. He is accused of a child sex crime that occurred in Poland in 1977, and he is still fighting this charge. In the same year, he pled guilty and served 42 days in jail. In 1978 he moved to the United States for fear a judge may overrule his plea bargain and sentence him for a longer period of time.

Some examples of a crime committed in Florida and that statute of limitation associated with each are listed below. Please remember this is just an example; contact a qualified attorney for questions regarding your specific situation.

• Felony crimes that result in death, or felony crimes that are punishable by life in prison = no statute of limitations
• First degree felony = 4 years after the crime has been committed
• Other felonies = 3 years after the crime is committed
• First degree misdemeanor = 2 years after the crime is committed
• Second degree misdemeanor = 1 year after the crime is committed

Please don’t assume that just because the statute of limitations has expired that you cannot be charged with a crime; in certain instances the statute of limitations clock stops running and can be restarted again at a later date this is referred to as “Tolling,” meaning a person can be charged of a crime even after the allotted years have expired.

The laws can be very confusing. If you are charged with a crime that happened years ago, contact our office immediately. We are The Law Office of Travis Koon and are Florida attorneys that handle criminal cases. We have offices in several cities that can evaluate your case. If you need a top notch criminal defense attorney in Gainesville, Lake City, or Miami, you need to call us now.

Double Jeopardy

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The Fifth Amendment to the United States Constitution protects individuals from state and federal governments in several ways: from prosecuting for the same crime on more than one occasion, it protects individuals from imposing more than one punishment for a single offense, and sets precedence that a person shall not be a witness against themselves… commonly known as Double Jeopardy.

The Fifth Amendment to the Constitution states:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

This Amendment was put into place to protect the people from government, prosecutors, and judges charging indiscriminately. It is here to:
• Prevent the government from using its powers to wear down and wrongly convict an innocent person.
• Protect an individual from the emotional, financial, and social consequences of successive prosecutions.
• Preserve the integrity and finality of criminal proceedings. These may be compromised if the states were allowed to arbitrarily ignore unsatisfactory outcomes.
• Restrict the prosecutions discretion over the charging process
• Eliminate judicial discretion to impose cumulative punishments that the government has not authorized

As with any law or Amendment, it can and has been interpreted in many ways – it is rarely cut and dry. There are four central questions that must be answered in order to determine if double jeopardy has occurred:
• In what type of legal proceedings does double jeopardy protection apply?
• When does it begin?
• When does it end?
• What constitutes as successive prosecutions or punishment for the same offense?

When double jeopardy begins and ends has been defined and is fairly clear (therefore the courts don’t argue over this). But determining the type of legal proceedings and what constitutes as successive punishments has been a struggle for the courts.

When Double Jeopardy Begins and Ends
During a jury trial, double jeopardy begins when the jury is being selected. If it is a trial to be heard in front of a judge, double jeopardy beings when the first witness is sworn in.
Determining when double jeopardy ends is a little more complicated. There are four times that it can end: after an acquittal, after a dismissal, after a mistrial, and on an appeal after a conviction.

In What Type of Legal Proceeding Does Double Jeopardy Protection Apply?
Double Jeopardy extends to all felonies, misdemeanors and juvenile delinquency cases that go to court. But this applies only in subsequent criminal proceeding, not in ordinary civil or administrative proceeding

Therefore, it is acceptable to have a criminal trial and be found not guilty, but still have several civil suits against an individual and be punished for those.

What Constitutes as Successive Prosecutions or Punishment for the Same Offense?
The main question to be decided upon is are successive prosecution or punishments geared toward the same offense.

Let’s give an example. Say an individual steals a car to rob a store and hits a pedestrian along the way. Can they face individual charges of grand theft auto, burglary and a hit and run (assuming the person lived), or since it all happened in once instance, is it double jeopardy to face successive charges?

In the 1932 case of Blockburger v. United States the courts found that the government may prosecute for more than one offense stemming from a single course of conduct only when each offense has at least one mutually exclusive element. Meaning, it can stand alone on its own.

When to Call an Attorney
Immediately. If you have been charged with a single crime, or multiple crimes, you need a good criminal defense attorney to ensure your rights are being upheld. Many instances can affect the outcome of the charges… you should never try to fight these alone.

At The Law Offices of Travis Koon, we are here to protect you. We have offices throughout Florida and will stand by you in the criminal defense proceedings. Whether you have been arrested in Jacksonville, Gainesville, Lake City, or Miami – call us today!

Criminal Appeal

Do you need a Criminal Appeal Attorney in Florida for a DUI Conviction?

Posted by | Attorney, Criminal Defense, DUI | No Comments

Appealing Your DUI Case from a Conviction in Florida

Have you been convicted of a criminal case and need to appeal your criminal conviction in the state of Florida? The Law Office of Travis Koon appeals cases from all counties in Florida, not just Gainesville, Lake City and/or Miami.  If you have been convicted, speak to an attorney immediately.  You have very specific time requirements after you have been sentenced and the Judge places you in jail, prison and/or on probation to appeal your criminal case in Florida.  You need to contact an attorney as soon as possible.

You have been charged and convicted of a DUI… now what?  If you have read my other blog/articles, you know that a DUI conviction can wreak havoc on your life; but you still have one more chance to fix this… you can appeal your DUI.  I also hope that you have taken my advice and retained the services of a highly qualified DUI attorney.  Our attorneys at The Law Office of Travis Koon have appealed many cases to higher Court to help win our clients cases if there is a legal issue to appeal.  We cannot guarantee a win for you, but we can promise to look closely at your case and zealously fight on your behalf if there is a legal issue to appeal.

After your conviction & sentence, immediately speak with your attorney to discuss the possibilities filing an appeal.  Just because you don’t want a DUI conviction on your record doesn’t mean you can automatically file an appeal; but if you feel that that an error was made, then you need to file one, and quickly.  In most states, your attorney has only 10-30 days to file on your behalf.  In Florida, you have 30 days in most criminal cases but our advice is to immediately consult an attorney as soon as you have been sentenced.

How does the appeal process work in a DUI criminal case in the State of Florida? 

 Your attorney will file a brief to the appeals court arguing that mistakes and/or legal errors were made either during the arrest, during the trial and/or during the sentencing, and you feel these errors negatively affected the outcome of your case.  Your attorney will file a notice of appeal, statement of judicial acts, and write the appellate motion on your behalf.  The appeal process takes hours to complete because the attorney must review all evidence, depositions and trial transcripts.  Next, the attorney will conduct case research regarding any legal issues that the attorney has spotted while reviewing the evidence, testimony, trial transcripts and sentencing documents.  The attorney can many hours of research because the client usually has only one chance to win on appeal.  The attorney must insure that the proper research is conducted prior to the appellate brief being filed because the client must raise all legal issues in the appeal.

The appeals court will not hear any new evidence unless there is newly discovered evidence; they will read the transcripts from your trial and take a close look at the process and facts surrounding your case to determine if a legal error was made. They will then make a ruling on your case.

Your Role in the criminal appeal process in Florida

An appeal trial can take several weeks or months to be heard, you must wait your turn.  During this time you many need to be paying any fines you incurred and even serve your sentenced jail time, speak with your attorney to be sure.  This may be extremely inconvenient to do(to say the least) – but you need to be sure to follow all of the judge’s orders so as not to incur any more fines or problems by not abiding by the orders.    You want to be able to stand in front of the appeals court judge and show that you are cooperating and truly trying.

With all the briefs and paperwork being filed by your attorney and the prosecuting attorney, your DUI paperwork file will start to stack up; be sure you keep everything.  Of course your attorney will have a file for you at their office, but this is something that will affect your life… be sure you stay responsible and keep copies of everything as well.

In the End, what should you do if you want to appeal your criminal case? 

It is horrible to find yourself in the situation of being charged and convicted of a DUI.  Any of the lawyers in our Florida offices (Gainesville, Lake City, or Miami) can help you fight this conviction on appeal. Your knowledgeable attorneys have years of experience with the court systems and know how to best help you.  Most attorneys are good at what they do, but you want to make sure you hire an attorney that practices in criminal defense and has went to trial and appealed many cases.  At The Law Office of Travis Koon, this is what we do… and we are good at what we do.

Travis Koon

www.koonlegal.com

386-597-0000

352-729-1211

305-365-8821

traviskoon@koonlegal.com

Breathalyzer

DUI? Field Sobriety Exercises? Attorney Travis Koon

Posted by | Attorney, DUI, Uncategorized | No Comments

DO YOU HAVE TO PERFORM FIELD SOBRIETY EXERCISE?  HAVE YOU BEEN ARRESTED FOR DUI AND NEED TO SPEAK TO A CRIMINAL DEFENSE ATTORNEY? 

DUI-Don’t Walk, Talk or Audition for Your Freedom

Lake City, Miami, and Gainesville, Florida Attorney

The charge of Driving Under the Influence (DUI) is usually a misdemeanor, but depending on circumstances may be charged as a felony.  To be considered a DUI, the driver needs to be found with a Blood Alcohol Content of .08 percent or higher and be in control of a vehicle.  But other than that, each state differs in their charges and laws.

 

A DUI may be a felony charge if bodily harm is inflicted onto another person, having a child in the vehicle, having prior DUI convictions, or if driving on a restricted, suspended, or revoked license… again, these laws differ from state to state.  There are too many unknowns for a person to try to fight a DUI conviction alone, please don’t attempt to defend yourself.  If a person cannot afford to hire an attorney, the court will appoint one for you.

 

Because of the differences from state to state and that the ramifications of a DUI charge are severe, it is extremely important to hire a good criminal defense attorney in the state of the offense.  Attorney Travis Koon is a member of the Florida and Georgia Bar.  We encourage each individual to hire an attorney experienced with the laws in the State the person is accused of committing the crime.

ATTORNEY TRAVIS KOON-DUI & CRIMINAL DEFENSE ATTORNEY

Home

Florida law states that if a person is driving a vehicle, they have given consent to submit to a chemical test to determine the blood alcohol content, this is known as implied consent; but the driver does have the right to refuse the test.  If the driver refuses the test, the driver could loose his license up to one year.  On the other hand, if the driver does refuse to submit to the breath, blood or urine test, Attorney Travis Koon can assist the individual and help the person obtain a business purpose license in specific circumstances.  Just because a person fails to blow, provide a blood and/or urine sample does not mean the person is automatically going to jail and/or will not be able to drive forever.  Contacting a criminal defense attorney to advise you of your rights is recommended because the process is difficult to understand, the procedure is complicated and being properly advised as to how to fight your case are important.

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There are consequences when refusing a breathalyzer test, the following are a possibility:

1st offense of refusal = driver’s license suspended for 1 year (you can obtain a business purpose permit to driver to and from work, to and from school and to and from church but you must follow a very strict procedure to do so in Florida)

2nd offense of refusal = driver’s license suspended for 18 months and minimum 10 days jail time (no hardship allowed in Florida.)

3rd offense of refusal = driver’s license suspended for 18 months and minimum 30 days jail time (no hardship.)

 

An arraignment is when the defendant appears before a judge to be formally charged with a crime and have the court appoint an attorney if the person cannot afford one on their own.  It is at this time the defendant, or their attorney, can enter a plea of either guilty, ask for a trial by judge, ask for a trial by jury, or try to plea bargain down the charges.

 

In some circumstances, a DUI can be pleaded down to a “wet reckless” charge.  This is considered a reckless driving involving alcohol charge and has less severe penalties than a DUI conviction.

 

On the flip side, if you are pulled over and the officer has the suspicion of DUI, but you know you have not been drinking alcohol, it is well within your right to ask for a breathalyzer test to assert your innocence.

 

A DUI conviction can have harsh and long lasting repercussions; it is in your best interest to hire a qualified criminal defense attorney.  The Law Offices of Travis Koon are highly qualified Florida attorneys that have the knowledge and experience you need.    We have attorneys in Miami, attorneys in Gainesville, and attorneys in Lake City – giving people several location options.  Being charged with a DUI is an intimidating situation to be in, let us help guide you through this trying time.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

Police Stop

What does Innocent Until Proven Guilty Mean in Florida?

Posted by | Assault, Attorney, Criminal Defense, Drug Crimes, DUI, Seizure, Stop & Frisk, Uncategorized | No Comments

Innocent Until Proven Guilty.

The justice system was built upon the theory that all people are innocent until proven guilty.   In order to convict a person the prosecutor must prove beyond a reasonable doubt that the defendant is guilty of the crime.  This is all good and well, unless a person is found guilty when they are truly innocent.

 

It is scary to think that this happens at all, much less more than we like to think.  Some feel that knowing about all the wrongful convictions can undermine the public’s confidence in the judicial system.    In 1996, C. Ronald Huff, Arye Rattner, and Edward Sagarin wrote a book that estimated about 10,000 people were in jail for crimes they didn’t commit[1].

 

Take William Jackson for example; a Columbus, OH man who was found guilty of raping several women in the 1980’s.  After serving 5 years, it was found that a physician was responsible for the crimes.  The physician was similar in appearance and had the same last name.[2]

 

So how does this happen?  How are this many innocent people found guilty?  Huff’s research found that many of the convictions were based on eye witness’s wrong identification, followed by perjury and the public pressure to solve cases can result in overzealous police officers.

 

In an instance such as this, it is more important to have an attorney on your team.  The attorneys at The Law Office of Travis Koon understand that it is possible for a person to be at the wrong place at the wrong time.  We fight for our clients start to finish, our goal is leave no rock unturned and to provide our clients with the best defense under the law.

 

Anytime you are being charged with a crime, you need an attorney by your side.  Don’t try to navigate the court system alone, let those who have studied and understand all aspects of the law fight for you.  Our attorneys at The Law Office of Travis Koon have the experience in the courtroom and the negotiation table that you deserve.  Visit one of our locations at either Lake City, Gainesville, or Miami.  We are here to fight on your side.

 

Travis Koon

Attorney

386-597-0000

352-729-1211

www.koonlegal.com

 

DUI

Arrested for DUI? Seeking a DUI Attorney in Lake City, Fl.?

Posted by | Attorney, Criminal Defense, DUI, Seizure, Stop & Frisk | No Comments

Arrested for DUI? Do you have to be driving to be arrested for DUI in Lake City or Gainesville, Florida? 

Have you been arrested for DUI in Lake City or Gainesville, Florida? Can a person be arrested for DUI when they are not driving the vehicle?  I know this may sound like a silly questions, but the surprising answer is YES!  There have been several cases of people being arrested for DUI when they are actually not driving their vehicle.

 

To be arrested for a DUI (Driving Under the Influence) the defendant must be found with a blood alcohol content over the legal limit, and must be in physical control of the vehicle.

 

Notice it does not say the person must be driving a vehicle.

 

This is a situation in which a knowledgeable criminal defense attorney is absolutely needed.  The attorney can argue the fact that although a person was intoxicated, there must be proof of intent to drive or have recently driven the vehicle. 

 

Having physical control of the vehicle means the person must be physically in or on the vehicle, and have the capability to operate the vehicle.

 

In the Florida case of Griffin v. State, the guilty charge of DUI was upheld for several reasons.  The engine was off, but the keys were in the ignition, the lights were on and the foot brake was pressed (known because the rear brake lights were illuminated).  But perhaps the main indicator was that the car was stationary in a traffic lane facing the opposite direction of the flow of traffic.

 

It is highly recommend that a person not try to ‘sleep it off’ in their vehicle after a alcohol has been consumed.  But if you must sleep in your vehicle after drinking, here are some recommendations:

 

  • Do not have the keys in the ignition or in your pocket.  Put them on the passenger side tire; put them in the trunk if you have a trunk release, or somewhere not easily available to you.
  • Do not sit in the driver’s seat.  Sleep in the back seat if possible (without the keys on you).
  • Do not have open containers in the vehicle.  Do not even have cups with the smell of alcohol near you.
  • Do not move the vehicle at all.  Not to straighten it out, not to move it out of the way of another vehicle; do not move it at all.
  • If the police stop to check on you, always be polite and have your ID available to show.

 

If charged with a DUI, call a reliable criminal defense attorney as soon as possible; this is not something that will go away on its own.  Being found guilty of a DUI can have immediate, severe, and even long lasting effects to your permanent record.  At The Law Offices of Travis Koon, we listen to all the facts, then work to reduce the charges as much as possible.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com