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Lawyers Charged with Drunk Driving

According to a recent study conducted by the American Bar Association (ABA), one in every three practicing attorneys is a problem drinker. The study defined “problem drinking” as “hazardous, harmful, and potentially alcohol-depended drinking.”

These findings should not come as a surprise, however, as drinking is a social norm amongst those in the legal profession. Lawyers drink at networking events, at client outings, and after fourteen-hour days.

Drinking habits such as these can be detrimental to an attorneys’ career because the Model Rules of Professional Conduct holds lawyers to an extremely high moral standard, considering an attorney’s ability to affect the outcome of another person’s livelihood.

Being accused of driving under the influence of drugs, for an attorney, could be career ending.

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Attorney for Legal Professionals Charged with DUI in West Palm Beach, FL

If you are a lawyer or a law student, being charged with driving under the influence can be detrimental to your career. Speak with an experienced Florida DUI attorney who will fight to get your charges dropped or adjudication withheld.

The attorneys at Meltzer & Bell, P.A. have litigated multiple DUI cases and have saved the careers of multiple kinds of professionals, from other attorneys to healthcare professionals and educators. Our firm takes cases throughout the Greater Miami Metropolitan Area in places like Palm Beach County, Broward County, and Miami-Dade County in Florida.

Call (561) 557-8686 now to learn more about our DUI defense services for other professionals in West Palm Beach, FL.

Attorneys Charged with DUI Information Center

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Criminal Misconduct by Attorneys

In Florida, the Florida Bar and the Florida Supreme Court regulates the legal profession through the Rules Regulating the Florida Bar.

A driving under the influence charge is, first, a criminal offense. Regardless of whether the accused attorney is suffering from addiction or simply made a bad decision, the Florida Bar has rules against criminal misconduct.

The Rule regarding criminal misconduct can be found in The Rules Regulated the Florida Bar Rule 3-4.4 Criminal Misconduct. The Rule states in part:

Unless modified or stayed by the Supreme Court of Florida as provided elsewhere herein, a determination or judgment of guilt of a member of The Florida Bar by a court of competent jurisdiction… In addition, whether the alleged misconduct constitutes a felony or misdemeanor The Florida Bar may initiate disciplinary action regardless of whether the respondent has ben tried, acquitted, or convicted in a court for the alleged criminal offense; however, the board may, in its discretion, withhold prosecution of disciplinary proceedings pending the outcome of criminal proceedings against the respondent.

The acquittal of the respondent…shall not necessarily be a bar to disciplinary proceedings nor shall the findings, judgment, or decree of any court…be binding in disciplinary proceedings. Thus, the mere allegation of criminal misconduct can have catastrophic effects on a lawyer’s career. As the Bar Rule states, even being acquitted may not be enough to avoid disciplinary action by the Board.

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Types of Punishment for Misconduct

While the Florida bar has exhibited a trend toward suspension rather than immediate disbarment, there is, of course, no guarantee that an individual will not be disbarred. Moreover, there are other forms of discipline, including the following listed below:

  • Emergency Suspension (Rule 3-5.2);
  • Public Reprimand (Rule 3-5.1);
  • Diversion to Practice and Professionalism Program (Rule 3-5.3);
  • Admonishment/Minor Misconduct (Rule 3.5-1 (a) & (b));
  • Probation (Rule 3-5.1(c));
  • Reciprocal Discipline;
  • Disciplinary Resignation (Rule 3-5.1(j)).

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Law Students with DUI Charges

Once in the legal profession, it is said to be a little easier to stay in the legal profession. Individuals who are in law school or who want to attend law school and who are charged with driving under the influence may have a more difficult time.

Pre-Law: students hoping to attend law school but who have been convicted of driving under the influence charges may even face a difficult time getting into law school. Most law school applications ask whether the applicant has had any criminal investigations, convictions, or charges.

J.Ds: Acquiring a driving under the influence charge after having received a juris doctorate can be a major bar to being admitted to the Florida Bar. One question that the Florida Bar applicant must answer is whether he or she has been subject to criminal charges, convictions, or investigations. The applicant must answer such questions regardless of whether the previous conviction has been expunged or sealed; providing additional details and dates.

Maintaining professionalism is crucial for those hoping to enter the legal profession and practice in Florida. Having a DUI from too much law school or undergrad partying can be the end of a person’s career. Speaking to an experienced West Palm Beach DUI attorney is imperative.

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Additional Resources

Rules Regulated the Florida Bar 3-5.4 – Visit the Florida Bar website for the full regulatory language of the Florida bar rule regarding the consequences of criminal misconduct.

Impaired Attorneys and the Disciplinary System – Visit the Florida Lawyers Assistance website for more information about the history of disciplinary actions taken by the Florida Supreme Court and other attorney disciplinary entities regarding addiction, mitigation, and other issues facing attorneys charged with driving under the influence or other alcohol or drug related offenses.

Fla. Stat. § 316.193 – Visit Online Sunshine, the official website of the Florida Legislature for more information about the full statutory disposition of driving under the influence, including the elements of the offense, the mandatory minimum and maximums associated with conviction.

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Find an Attorney for Lawyers Charged with DUI in Palm Beach County, FL

If you or someone you know in West Palm Beach, or in the surrounding areas of Broward County, or Miami-Dade County, Florida, has been charged with driving under the influence as a professional, contact the experienced DUI attorneys at Meltzer & Bell, P.A..

Our office has not only represented clients in multiple kinds of driving offenses, including DUI cases, but we have represented professionals accused of misconduct, malpractice, and DUI offenses throughout the Greater-Miami Metropolitan Area.

Call Meltzer & Bell, P.A. at (561) 557-8686 to schedule a one-on-one, no obligations consultation with our office.

This article was last updated on Tuesday, August 29, 2017.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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