Toy Gun is not a Weapon in First Degree Robbery

 

 

 

 

 

An interesting case went to the Florida Fourth DCA. The question was, whether a Robbery, used with a Toy Gun could be enhanced to the offense of "Robbery with  Weapon". Same question could be asked if a robber went into a bank and had his hand under his shirt and pointed at the teller as if the robber had a gun and demanded money.  If in the teller's mind, the teller thought the robber had a gun, would that be Robbery with a Weapon?" Not according to the Fourth DCA, Hamilton v. State. 36,FLWD2242a(Fla.4th DCA). [10/12/2011]Generally speaking, committing a robbery with a toy gun will not support a conviction for, Robbery with a Weapon, which is enhanced to a first degree offense due to the use of a weapon.  Even if the victim thought the weapon was real, the weapon or object used according to the Florida Standard Jury Instructions "could be used to cause death or inflict serious bodily harm." Very doubtful that a toy gun could cause death or serious bodily harm. According to the Florida Department of Law Enforcement:

Congress Deliberating on Passing a Mandatory Ignition Interlock for "Drunk Drivers"

If Congress passes a bill that would mandate a convicted drunk driver, even first timers, place an interlock device in their vehicle, the Courts better be ready to distiniguish between "drunk drivers" and drivers under the influence.  Many DUI or DWI cases are combination of alcohol and controlled substances.  Problems arise when the officer may smell alcohol on the persons but the real culprit may be pain killers or xanax or valium.  If drivers refuse then the only thing the officer and the prosecutor has to go on is the alcohol.  If the driver is convicted of DUI based on alcohol when alcohol really isn't the issue and a mandated interlock device is required there could be a whole host of problems that could spell future trouble for everyone involved. First the interlock is expensive, and if the interlock is really unnessary that expense may not prevent the person from taking pain killers or other narcotics before driving. Before interlocks are issued there needs to be a measureable amount of alcohol in the system for, example 1.5.

Florida's NEW LAW: DWI: Driving While Impaired. Will this pass?

DWI is Driving While ability Impaired.  Although new to Florida the term DWI is not new to many States across the country.  For example:  Colorado laws are, DWAI, which means:  Driving While Ability Impaired.  In Florida, the law is DUI:  Driving under the Influence of alcohol or drugs.  There is no distinction on wheter the drugs are illegal or not.  The drugs just have to fit in a certain category of controlled susbstance..  Anotherwords if it is determined the Driver is impaired and the breath is zero, meaning no alcohol and the urine test shows ambien, for example, ambien is not one of the controlled substances that fit under the law, so therefore the person would not be legally DUI.  If there was oxycodone found in the system, whether the driver had a perscription or not, then the State would possibly have a good case for DUI if all other evidence was in place to prove the other elements of DUI.  This can be confusing.

CENTRAL FLORIDA —

State lawmakers are looking at a controversial bill aimed at preventing people from driving under the influence.
The bill would change the law from "driving under the influence" to "driving while impaired."
But some worry the change will lead to sober people getting arrested.

Woman Stopped for DUI blames having Big Breasts for failure of Field Sobriety Exercises

Courtesy of Huffington Post


Busted!
A Florida woman arrested Sunday for driving under the influence told police that she would have passed a sobriety test -- if not for her "big boobies," according to a Martin County Sheriff's Office report.
Marueen Raymond, 49, allegedly drove her grey Toyota Camry over 50 mph through a 35 mph zone near Jenson Beach, swerving over a double yellow line twice before parking her car across two spaces in a nearby Walgreen's lot.
Cops responded to the reckless vehicle notice and found Raymond in the driver's seat, reeking of alcohol and slurring her speech, the report explains.
"When I told her we were going to do some roadside tasks she told me that I needed to understand that she is big chested and if I asked her to close her eyes and balance she is not going to balance well," the officer wrote. "She told me 'Big breast you don't balance well.'"

Proving Guilt of DUI in a Court of Law

Florida Jury Instructions for DUI

These instructions come from the Florida Supreme Court Website and are the current Jury instructions.

If you were accused and charged with a DUI not causing property damage or causing serious bodily injury or death then the following jury instructions would apply.  Here is what the prosecutor would have to prove in your case. [Please note if you were charged with a Felony DUI with priors the prosecutor would still have to prove the following.  If you are convicted then the prosecutor has to prove you had prior convictions. The proof would be judgement and sentences certified of your priors.]

28.1  DRIVING UNDER THE INFLUENCE

§ 316.193(1), Fla. Stat.

           

            To prove the crime of Driving under the Influence, the State must prove the following two elements beyond a reasonable doubt:

1  (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle, (defendant)

            Give 2a or b or both as applicable.

a.   was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were  impaired.

            b.  had a [blood] [breath]-alcohol level of .08 or more grams

of alcohol per [100 milliliters of blood] [210 liters of breath].

Florida Millionaire Being Sued IN FATAL DUI Accident adopts girlfriend as daughter

Courtesy of the Tampa Bay  Times
In the strangest wrinkle yet in a legal drama that pits the state of Florida and the family of a DUI crash victim against a Houston millionaire, the girlfriend of John Goodman is now his daughter.
The heir to an air-conditioning fortune and the founder of the International Polo Club Palm Beach, Goodman, 48, has legally adopted 42-year-old Heather Hutchins. The adoption, which took place in Miami four months ago but was not publicly disclosed until this week, potentially allows Hutchins to control a third of the assets of a trust fund with hundreds of millions in assets that Goodman set up for his two other children.

DEA Suspends Florida CVS pharmacies due to Oxycodone Sales

ORLANDO — The U.S. Drug Enforcement Administration has suspended two CVS pharmacies in Sanford from selling controlled substances such as oxycodone, agency officials said Monday.
It is the first time stores in a national pharmacy chain are the targets of suspension orders used to combat Florida's prescription drug abuse problem, said Mark Trouville, Special Agent in Charge of the DEA's Miami field office.
The DEA also issued a suspension order against a Lakeland-based wholesale drug distributor. But its owner, Cardinal Health, late last week successfully persuaded a judge to halt the DEA's suspension efforts until a hearing is held next week in Washington.