In The News

Drinking and Driving Numbers by State

Jennifer Waggoner on July 17, 2015

Most people understand that drinking and taking drugs don’t mix well with driving. Driving while intoxicated is a recipe for disaster. In fact, when you combine drugs and alcohol with driving, the results can very well be fatal. According to the National Highway Traffic Safety Administration, there are certain facts about substance-related accidents that the public should be aware of.

Top 10 States

When it comes to states with the most occurrences of fatalities resulting from DUI accidents, there are 10 that are the most dangerous. The states with the highest number of occurrences are South Dakota, Wyoming, Arkansas, Nebraska, Montana, Missouri, Maine, Kentucky, Louisiana, and West Virginia.

Drugged Driving

Drugged driving, or driving that involves illegal or prescription drugs, is becoming a large issue in the United States. The top 10 states when it comes to fatalities per 100,000 people are North Dakota, Wyoming, Montana, West Virginia, Kentucky, Arkansas, Vermont, South Dakota, South Carolina, and Alabama.

Most Dangerous Drivers

According to statistics, male drivers aged 21 were seven times more likely to be involved in a drunk driving accident resulting in a fatality. In fact, men are more likely to be involved in this type of accident no matter the age bracket studied. After the age of 23, a man’s chance of being involved in a DUI-related accident is steadily reduced.

Popular Substances

While 74% of those persons involved in a fatal accident had no drugs or alcohol in their system, 12% were found to have drugs in their system. Marijuana is the most commonly found drug, followed by stimulants, drugs classified as “other,” narcotics, depressants, and drugs that could not be identified.

Rural States

The study found that the highest instance of DUI-related fatalities were in rural states. These states also had the highest rates of blood alcohol content among those people tested. It is thought that contributing factors may include a lack of public transportation and a greater distance to travel between the bar and home.

When you choose to get behind the wheel after taking drugs or drinking, you are putting your life and the lives of others on the line. Unfortunately, when you are intoxicated, you are not able to make the best decisions. Plan ahead. Decide how you will get home before you go out on the town. You could be saving your life.

If you have been arrested for drunk driving, contact our offices as soon as possible. Our experienced attorneys are here to assist you. Call now.

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DUI Set-Up Trial Underway

Jennifer Waggoner on May 20, 2015

The trial over a DUI setup involving three Tampa lawyers has gotten under way. One attorney has determined that it is in his best interest to testify, and another has offered to surrender his law license.

Attorny Stephen Diaco’s decision to surrender his license to practice law took many by surprise in what has already been a case filled with drama.

Attorneys Robert Adams, Adam Filhaut, and Diaco have all denied any role in the January 2013 DUI arrest of attorney C. Philip Campbell. The three have maintained their stance that Campbell’s arrest was of his own doing.

Prosecutors, on the other hand, claim that the three orchestrated the arrest in order to remove Campbell from a defamation lawsuit involving a client of theirs, shock jock Bubba the Love Sponge Clem. When he was arrested, Campbell was the attorney of record for Todd Schnitt, Clem’s rival.

Although Diaco is maintaining his innocence, his decision to surrender his license could set up a defense for the remaining two, allowing them to place the blame for the alleged incident on Diaco and paralegal Melissa Personius. When called to the witness stand, Personius invoked her Fifth Amendment right repeatedly.

Diaco was brought to the stand after Personius and invoked the same right.

The actions of both professionals was expected. It has been two years since the incident and all involved have refused to discuss their stories. The only defense that has, until now, been presented was that Campbell made the choice to drink, and he made the choice to drive Personius’ car.

Attorney Robert Adams broke the silence on Monday, citing his potential loss of his law license as a reason for speaking. Adams gave testimony for several hours, describing himself as a man so busy that he gave little attention to the actions of his co-workers.

Adams admitted to know that Personius had gone to spy on Campbell, but denied instructing her complete that action. He also denied ordering Filthaut to phone Sgt. Ray Fernandez and ask that he monitor Campbell.

According to an investigation, the three and Personius called and texted each other throughout the incident and during several hours afterwards.

An internal investigation saw Fernandez fired by the Tampa Police Deparment. Campbell’s DUI charge was dropped.

Testimony will continue in this case that has seemingly taken on a life of its own.

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When DUI Turns to Manslaughter

Jennifer Waggoner on March 2, 2015

Early in January, Kandace Tapia, was a passenger in a truck driven by Karen Juarez. The women, both in their early 20s, did not start their night out with a second’s thought as to the disastrous way it would end.

Driving down Interstate 4 around midnight, Juarez crashed her 2006 Ford F-150 into a concrete barrier. Two hours after the crash, her blood alcohol content was measured at 0.074.

As the truck struck the barrier, it flipped, rolling several times before landing and coming to a stop. While rolling, Tapia was ejected from the vehicle, being the only passenger in the truck not wearing a seat belt.

Tapia was transported to Tampa General Hospital where she ultimately succumbed to her injuries. Jaurez, originally charged with DUI, has now been charged for manslaughter.

It is important to understand that drinking and driving does not only result in a DUI. While that charge may be stressful enough for most, imagine being charged with killing a friend or loved one. In Tampa, there are several subsections to the DUI law.

DUI Manslaughter
When your impaired driving causes the death of a viable fetus or human being, you can be charged and convicted of DUI Manslaughter. In Florida, this is a second-degree felony that is punishable by up to 15 years in prison. You will also face the permanent loss of your license and a $10,000 fine. Should you choose to flee the scene of the accident, the felony is bumped up to one of the first-degree.

DUI with Serious Bodily Injury
If your impaired driving causes serious bodily injury to any person, your DUI charge will be a third-degree felony. You will be faced with five years in prison and/or probation. You will also face license suspension and steep fines. You may also find yourself required to pay the injured person’s medical bills, lost wagers, and other compensatory damages.

DUI with Property Damage
If you damage someone’s property, but do not cause the death of or injury to another person, your DUI remains a misdemeanor. You may, however, be faced with the requirement to make restitution as part of your court-ordered sentence.

If you have been charged with a DUI, no matter the severity, you need a knowledgeable attorney on your side. Contact our offices immediately to speak with someone who can represent you. We have defended thousands of DUI cases and we know how to help you.

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Did Domestic Abuse Push someone to Murder?

Jennifer Waggoner on November 28, 2014

What happens when there has been a history of domestic abuse between you and your spouse, one which has been meticulously recorded by the local jurisdiction of the police department? What happens when the final breaking point is reached?

That may be just the case for a pre-K special education teacher who is facing charges for second-degree murder and domestic aggravated battery charges. Her husband was found dead, and she is the most likely candidate.

The couple stayed away from the neighbors, as they didn’t know them very well. They were under the privacy and secrecy of their own home, and there’s a chance that nobody knew about the abuse that was happening in the household.

Names were not released for the man who was killed. Apparently, according to police, there was, “A history of domestic violence.” There were several details omitted from the story that was reported in the media, and those omitted details may be influential in determining the outcome of the case.

It is still developing as the lady is being held in Orange County Jail without bond.

We see cases like this here at Katz & Phillips all the time. In all cases, we get to the bottom of the issue to find out the truth. Who was really at fault? Give us a call.

Yoga and Heroin Don’t Mix

Jennifer Waggoner on July 13, 2014

Most of us like participate in exercise and it is not uncommon to see people exercising out in public. Running, walking, bike-riding are commonly observed. However, one woman in North Florida went just a bit too far.

Fifty-one-year-old Michele Cernak was accused of undressing and doing yoga in the middle of a North Florida street. Upon her arrest, Cernak was found in her underwear with per pants around her ankles in a yoga pose. A search found both heroin and drug paraphernalia on her person.

Cernak admitted to police that she was buying and using heroin. This was the worst thing she could have done is such a situation. Although honesty is best in most situations, some situations require protection of yourself. In this situation, saying nothing and asking for an attorney is the better route.

Heroin is such a huge problem across the United States. The Florida streets are no exception. Because of the quick addiction associated with heroin use there are many addicts on the street that need help. The need is greater than the resources for help in most regions. Heroin addicts are being put in jail instead of rehabilitation so instead of helping to solve the problem, often times the justice system makes the problem worse.

Drug possession is a serious offense. It requires possession without making, distributing or selling the substance. In other words, it was for personal use. Unfortunately, most possession charges are at least a third degree felony. In Florida, there are certain things a prosecutor must do to prove that possession of the controlled substance was illegal. Scientific analysis through a lab, the defendant knowing what the substance was and that it was illegal is also something that must be proved.

A good criminal defense attorney understands that these charges are serious and can work to build a solid defense. Through investigation, a criminal attorney can make sure the evidence was obtained legally and is actually admissible.

If convicted on possession charges, a Defendant is facing up to five to fifteen years in prison depending on the degree of the felony. Fines can reach as much as $10,000.

We at Katz & Phillips, P.A. will represent you in a manner that suits you best according to the individual circumstances of your case. Work with us to achieve the legal representation you deserve. Call us today.

Welfare Fraud Arrest in Florida

Jennifer Waggoner on April 8, 2014

A couple from Minnesota has been arrested in Florida on charges of welfare fraud.

Investigators allege that the two had been residing in luxury residences, owned a yacht and took in more than $160,000 in fraudulent welfare payments.

Colin Chisholm III, 62 and his wife, Andrea Chisholm were being held after having been deported from the Bahamas and landing near Fort Lauderdale. The Chisolm’s son and their dog were released by authorities to members of the family.

The couple have been charged with one count of wrongfully obtaining public assistance; a felony which carries a $35,000 fine.

The Chisolms are set to appear in extradition court but it is unknown whether they will attempt to fight extradition.

It is no secret that any sort of welfare fraud is aggressively prosecuted in the United States. State and federal authorities place lengthy prison sentences and exact heavy fines and penalties on those found guilty of the crime of welfare fraud.

Having a good defense attorney on your side when you have been accused of welfare fraud is important. Whether the charges against you are valid or not, we are here to help defend you in both the state and federal courts. Call today to schedule an appointment and tell us about your case. There is no cost or obligation to you.