During the stop, troopers also searched passenger Armonty Bryant and found that he possessed the prescription drug Adderall.  Bryant was unable to produce a valid prescription for the Adderall.

Operating a Vehicle While Impaired (OVI)/ Driving Under the Influence (DUI)

In Florida, there are dual theories of prosecution for DUI:

1. driving or in actual physical control of a vehicle within this state;

2. while under the influence of alcohol or a chemical or controlledsubstance;

3. to the extent that his normal faculties were impaired

OR

4. with a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath

Actual Physical ControlActual Physical Control (APC) “means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether or not he is actually operating the vehicle at the time.”  A vehicle is any device, in, upon, or by which any person or property is, or may be, transported or drawn upon a highway except devices used exclusively upon stationary rails or tracks.  See Fla. Stat. § 316.003(75).  Any amount of alcohol may cause a defendant to be under the influence and affect his normal faculties.  Normal Faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily lives.  See Fla. Stat. § 316.1934(1).

Depending on one’s driving history, the penalties for a DUI vary as follows:

First DUI Conviction:

• Fine: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle not less than $1,000, or more than $2,000;
• Jail: Not more than 6 months. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle not more than 9 months;
• Probation: Total period of probation and incarceration may not exceed 1 year;
• Mandatory 50 hours of community service or additional $10 fine for each hour of community service required;
• Vehicle impoundment for 10 days (unless family of the defendant has no other transportation)
• Minimum 6 months license revocation; maximum of 1 year;
• Increasing cost of insurance as you will be required to purchase 100/300 coverage

Second DUI Conviction (within 5 years):

• Fine: Not less than $1,000, or more than $2,000. With Blood/Breath Alcohol Level (BAL)  of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000;
• Jail: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive;
• Vehicle impoundment for 30 days (unless family of the defendant has no other transportation)
• License revocation: Minimum 5 years revocation.  Maximum lifetime revocation.  May be eligible for hardship reinstatement after 1 year.

Third DUI Conviction:

• Fine: (More than 10 years from second): Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000;
• Jail: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months. Minimum sentence of 30 days if convicted within 10 years of a first offense
• Vehicle impoundment for 90 days if convicted within 10 years of a first offense;
• License revocation: Within 10 Years of the second conviction: minimum 10 years revocation. May be eligible for a hardship reinstatement after two years

Fourth DUI Conviction:

• Third Degree Felony Charge
• Minimum fine of  no less than $2,000;
• Up to 5 years State prison;
• Mandatory permanent license revocation;
• No hardship reinstatement.

Conditions for Release of Persons Arrested for DUIs. (Florida Statute 316.193 (9)):

• The person is no longer under the influence;
• The person’s normal faculties are no longer impaired;
• The person’s blood/breath alcohol level is lower than 0.05; or
• Eight hours have elapsed from the time the person was arrested.

In lieu of a driving under the influence (DUI) charge, the state of Ohio uses the term “OVI” for the charge of operating a vehicle under the influence.   A first time conviction for OVI can include mandatory jail time, fines, and a license suspension of up to three years.  The penalties in Ohio are outlined below:

A “low test” OVI is one in which a breath alcohol level test is .169 or below, a urine test is .237 or below, a whole blood test is .169 or below, and a blood serum or plasma test is .203 or below.  Anything above these numbers is considered a “high test” OVI.  A unique penalty for committing an OVI in Ohio is that a person may be  required to have yellow license license plates on their vehicle.

Drug Possession

Florida Statute 893.13 outlines the penalties one would face if charged with the possession of a controlled substance (adderall, cocaine, MDMA/ecstasy, heroin, etc…).  In Florida, Bryant would be facing a third degree felony; the penalties for a third degree felony are up to 5 years in Florida State Prison, a suspension of his driver’s license for one year (or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families), and a fine of up to $5,000.

Ohio Rev. Code § 2925.11 outlines the penalties one would face if charged with possession of controlled substance.  The statute allows, depending on the substance, for a charge to range from misdemeanor of the first degree or felony of the fifth, fourth, third, second or first degree; this depends on the type and amount of drug, and whether the offense occurred near minors or school property. As an amphetamine, Adderall qualifies as a Schedule II drug, and due to the amount of pill(s) Bryant was found with, it would qualify as a Fifth Degree felony.  The penalties would be a fine of up to $2,500 and a jail sentence between six and 12 months.  Based upon the initial information provided by the Ohio State Troopers, I cannot see why Bryant was searched – I do believe that he should be formally charged due to an improper search.  Bryant may be the case, but he will still have to deal with penalties from both the Cleveland Browns organization and the NFL.

If you have any questions about a drug possession charge or operating a vehicle while impaired (OVI) or driving under the influence (DUI) please feel free to contact Miami Criminal Defense Attorney Adam K. Goodman, managing partner of the Law Office of Adam K. Goodman, PLLC, at 305-482-3265.  For more information, please see us online at ‪‪www.adamgoodmanlaw.com.

More

• Browns’ Armonty Bryant, De’Ante Saunders arrested (ESPN)
• Prosecutor will determine if Browns LB Armonty Bryant will face charges following arrest with De’Ante Saunders (Cleveland.com)
• Browns’ Armonty Bryant and teammate arrested early Saturday (LA Times)

According to reports, police responded to the 1400 block of Round Lake Road reference gunshots being fired.  Upon arrival, witnesses told police the shooter fled the scene in a Jeep.  Police found a Jeep a few blocks away driven by Tipton; he was questioned along with his brother, Cortez Tipton. A search of the vehicle led police to find a loaded 9mm handgun and a loaded Colt AR-15 assault rifle in the Jeep.  Despite Tipton having a valid license to carry a handgun (from Michigan), he was ultimately arrested and charged with criminal recklessness with a deadly weapon.

As part of this investigation, Tipton spoke to Greenwood Police and told them he received threatening text messages from his girlfriend’s ex-boyfriend that led him to believe that his girlfriend was going to be harmed. Tipton said he and his brother drove from a party to his girlfriend’s house.  Tipton told police he believed the ex-boyfriend was at his girlfriend’s house. According to police, Tipton then stood in the driveway and fired a round from the AR-15.

The state of Indiana will be proceeding under Indiana Code – Section 35-42-2-2, which states:

A person who recklessly, knowingly, or intentionally performs:

(1) an act that creates a substantial risk of bodily injury to another person; or

2) hazing;commits criminal recklessness.

…Except as provided in subsection (c), criminal recklessness a Class D felony if it is committed while armed with a deadly weapon.

As a Class D Felony, there is a potential prison sentence between 6 months to 3 years.  There is also a potential fine of up to $10,000.  The closest criminal charge in Florida to this would be Florida Statute 790.15 – discharging a firearm in public or on residential property.  The Florida Statute states that any person who knowingly discharges a firearm in any public place…or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling…commits a misdemeanor of the first degree.  If this crime had happened in Florida, Tipton would face a maximum of one year in jail and a fine up to $1,000.

Without the statements from Tipton and the passenger, it looks as if there was a very good chance that police would not have made an arrest in this case.  While police may have found a vehicle that matched the description of the vehicle leaving the scene of the shooting and also found firearms (legally owned), without the statements police would not have been able to determine who fired the weapon.  As such, they likely would have not made an arrest of Tipton here.  Moral of the story here is to always request an attorney when being questioned by police in order to protect yourself.

If you have any questions about a criminal charge involving a weapon or firearm, please feel free to contact Miami Criminal Defense Attorney Adam K. Goodman, managing partner of the Law Office of Adam K. Goodman, PLLC, at 305-482-3265.  For more information, please see us online at ‪‪www.adamgoodmanlaw.com.

More

• Former Colts running back Zurlon Tipton arrested (Indy Star)
• Ex-Colts RB Tipton arrested on gun charge (Pro Football Talk)
• Former Colts RB arrested for firing assault weapon (The Sporting News)
• Former Indianapolis Colts player arrested in Greenwood (WISH-TV)

Currently serving a life sentence, Hernandez has pled not guilty as to the 2012 homicides of Daniel de Abreu and Safiro Furtado and the 2013 shooting of witness Alexander Bradley.   Hernandez is currently serving a life sentence for the 2013 murder of Odin Lloyd.

The fact that this case is continued should not be a surprise to anyone.  Homicide trials are typically complicated, and usually involve numerous technical witnesses such as a medical examiner, crime scene technicians, forensic witnesses (latents/fingerprints, ballistics/firearms, DNA, etc…).  The State of Massachusetts also already knows that Hernandez is serving a life sentence, and thus they likely are not pushing for this case to go to trial any time soon.

While there are many variations to both Fire Degree Murder and Second Degree Murder in the State of Florida (First Degree Murder, First Degree Felony Murder, Second Degree Murder, Second Degree Felony Murder), if Aaron Hernandez was charged in the State of Florida, it would be important to note the differences with regards to these type of charges.  While the penalties are almost the same, the crimes do differ.  The most notable difference is that a Judge must sentence an adult to life in prison upon a conviction of First Degree Premeditated Murder, while a conviction for Second Degree Murder will leave a judge with some discretion to sentence a defendant from the bottom of his/her sentencing guidelines (or any legislative set minimum mandatory sentences such as 10-20-Life or Career Criminal enhancements) up to life in prison.

To prove the crime of First Degree Premeditated Murder in Florida, the State must prove the following three elements beyond a reasonable doubt:

1. The victim is dead;
2. The death was caused by the criminal act of the defendant;
3. There was a premeditated killing of the victim.

To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:

1. The victim is dead
2. The death was caused by the criminal act of the defendant;
3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

If you have any questions about a murder charge in Florida, please feel free to contact Miami Criminal Defense Attorney Adam K. Goodman, managing partner of the Law Office of Adam K. Goodman, PLLC, at 305-482-3265.  For more information, please see us online at ‪‪www.adamgoodmanlaw.com.

More

• Hernandez double-murder trial gets postponed (ESPN)
• Aaron Hernandez double murder trial delayed, again (My Fox Boston)
• Aaron Hernandez Double Murder Trial Postponed (CBS Boston)

In Florida, there are dual theories of prosecution for DUI:

1. driving or in actual physical control of a vehicle within this state;

2. while under the influence of alcohol or a chemical or controlledsubstance;

3. to the extent that his normal faculties were impaired

OR

4. with a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath

Actual Physical ControlActual Physical Control (APC) “means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether or not he is actually operating the vehicle at the time.”  A vehicle is any device, in, upon, or by which any person or property is, or may be, transported or drawn upon a highway except devices used exclusively upon stationary rails or tracks.  See Fla. Stat. § 316.003(75).  Any amount of alcohol may cause a defendant to be under the influence and affect his normal faculties.  Normal Faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily lives.  See Fla. Stat. § 316.1934(1).

Depending on one’s driving history, the penalties for a DUI vary as follows:

First DUI Conviction:

• Fine: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle not less than $1,000, or more than $2,000;
• Jail: Not more than 6 months. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle not more than 9 months;
• Probation: Total period of probation and incarceration may not exceed 1 year;
• Mandatory 50 hours of community service or additional $10 fine for each hour of community service required;
• Vehicle impoundment for 10 days (unless family of the defendant has no other transportation)
• Minimum 6 months license revocation; maximum of 1 year;
• Increasing cost of insurance as you will be required to purchase 100/300 coverage

Second DUI Conviction (within 5 years):

• Fine: Not less than $1,000, or more than $2,000. With Blood/Breath Alcohol Level (BAL)  of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000;
• Jail: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive;
• Vehicle impoundment for 30 days (unless family of the defendant has no other transportation)
• License revocation: Minimum 5 years revocation.  Maximum lifetime revocation.  May be eligible for hardship reinstatement after 1 year.

Third DUI Conviction:

• Fine: (More than 10 years from second): Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000;
• Jail: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months. Minimum sentence of 30 days if convicted within 10 years of a first offense
• Vehicle impoundment for 90 days if convicted within 10 years of a first offense;
• License revocation: Within 10 Years of the second conviction: minimum 10 years revocation. May be eligible for a hardship reinstatement after two years

Fourth DUI Conviction:

• Third Degree Felony Charge
• Minimum fine of  no less than $2,000;
• Up to 5 years State prison;
• Mandatory permanent license revocation;
• No hardship reinstatement.

Conditions for Release of Persons Arrested for DUIs. (Florida Statute 316.193 (9)):

• The person is no longer under the influence;
• The person’s normal faculties are no longer impaired;
• The person’s blood/breath alcohol level is lower than 0.05; or
• Eight hours have elapsed from the time the person was arrested.

If you have any questions about driving under the influence (DUI), please feel free to contact Miami Criminal Defense Attorney Adam K. Goodman, managing partner of the Law Office of Adam K. Goodman, PLLC, at 305-482-3265.  For more information, please see us online at ‪‪www.adamgoodmanlaw.com.

The law in Oklahoma towards DUIs is similar to that in Florida with regards to the elements of the crime.  In order to prove a DUI in Oklahoma, the State must prove that a defendant is driving, operating, or is in actual physical control of a motor vehicle within and:

1. Has a blood or breath alcohol concentration of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
4. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

However, the penalties vary from Florida greatly.

First DUI Conviction:

• Ordered to participate in an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment;
• Be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year;
• Be fined not more than One Thousand Dollars ($1,000.00);
• 30 day license suspension

Second DUI Conviction (within 10 years):

• Follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense; or
• Placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed five (5) years;
• Fine of not more than Two Thousand Five Hundred Dollars ($2,500.00);
• 6 month license suspension

However, if the treatment does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.

Third DUI Conviction (within 10 years):

• Shall participate in an assessment and evaluation;
• Follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense;
• Two hundred forty (240) hours of community service and use of an ignition interlock device; or
• Placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years;
• Fine of not more than Five Thousand Dollars ($5,000.00)

However, if the treatment i does not include residential or inpatient treatment for a period of not less than ten (10) days, the person shall serve a term of imprisonment of at least ten (10) days.

Fourth DUI Conviction (within 10 years):

• Shall participate in an assessment and evaluation;
• Follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, followed by not less than one (1) year of supervision and periodic testing at the defendant’s expense;
• Four hundred eighty (480) hours of community service, and use of an ignition interlock device for a minimum of thirty (30) days; or
• Placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed twenty (20) years;
• A fine of not more than Five Thousand Dollars ($5,000.00).

Even though police arrived on scene and felt they had enough information to charge Williams that night, they simply let him go home. There was no further investigation to make at that time, and Williams should have been arrested that morning for burglary with a battery. He broke into someone’s home and hit them. He attempted to stop the victim from calling the police (another possible felony of victim tampering). In Florida, when there is probable cause that these particular actions occurred (which is clear based upon the arrest form), the defendant is to be arrested and held without bond/bail until a proper hearing is done by the Court.

This did not happen here. In fact, quite the opposite.

Williams was allowed to leave the scene of the crime and simply issued a summons to appear in court for two misdemeanor charges: trespass and criminal mischief. Again, this is puzzling as if someone commits a trespass and commits a crime therein (the criminal mischief), it is a burglary under the law of the State of Florida. Williams then subsequently enrolled, was rejected, and re-enrolled in a pre-trial intervention program until his cases was dropped (administratively nolle prossed) for successful completion of a program. This program is for first time offenders and includes terms and conditions such as community service hours, donations, and staying away from a victim. Upon successful completion of the program, all criminal charges are dropped.

This disposition makes zero sense. If the victim in the case was not on board, the State of Florida could not have gone forward on any of these charges. If she was on board, than there was no reason for Williams to get such a unique break by the State of Florida, and especially from law enforcement for failing to arrest him the night in question for the non-bondable offense. Even more puzzling is that the NFL has taken a hardline stance on domestic violence, yet did nothing with this case. While the NFL is doing everything they can to prevent their players from engaging in domestic violence, Mike Williams was never suspended one game for this violent incident.

These facts as alleged in the arrest affidavit are equally terrifying to that of the Ray Rice case – yet there has never been a peep outside of a few random news articles noting Williams was charged with two misdemeanors. In fact, Williams played most of this season as if nothing had occurred.