Steven G. Casanova P. A.

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Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155  |  Telefax: 321.725.3737

Practice Areas

DEDICATED TO THE DEFENSE OF THE ACCUSED.

If the police do not follow the law, then social chaos is the result. We insure that the police obey the Constitution in matters that relate to:

For more information on the items listed above, click on any one of the offenses.

No Search and Seizure issue is too small.
No criminal case is without a Defense.

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Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901

Mr. Casanova vigorously defends the accused in all cases ranging from misdemeanors to serious felonies. He practices in both State and Federal Courts. His experience with Federal drug trafficking cases, drug possession and sale cases, aggravated domestic battery cases and all misdemeanors and felonies gives him a perspective on criminal law that can provide you with a significant advantage in today's legal system.

Mr. Casanova is a member of the Florida Bar Association, The Brevard County Bar Association, The National Association of Criminal Defense Attorneys, The Association of Trial Lawyers of America, lifetime member of The Florida Association of Criminal Defense Lawyers, The National College for DUI Defense, and the Vassar B. Carlton Inn of Court. In addition, he is an Adjunct Professor at the University of Central Florida teaching Criminal Law. He is also admitted to the United States Federal Court Middle District of Florida, and the 11th Circuit Court of Appeals located in Atlanta, Georgia. He is also a certified breath test maintenance technician and Intoxilyzer 5000 operator.

Mr. Casanova is a first generation American, bilingual in Spanish, and a resident of Brevard County for over 30 years. His family has resided in Florida since the 1930's.

Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155  |  Telefax: 321.725.3737

DUI Info

How To Calculate Your Estimated Blood Alcohol Content (BAC)

The estimated percent of alcohol in the blood by number of drinks in relation to body weight can be estimated by:

1. Counting your drinks. Remember: 1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer.

2. Under number of "drinks" and opposite "body weight" find the percent of blood alcohol listed by using the table below

3. After finding this number, subtract the percent of alcohol taken in during the time elapsed since your first drink. This figure is .015% per hour. For example: 180 lb. man - 8 drinks in 4 hours / .167% minus (.015x4) = .107%

Drinks

Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155  |  Telefax: 321.725.3737

Updated Florida DUI Penalties

The following statutes relating to driving under the influence (DUI) and boating under the influence (BUI) are effective as of July 1, 2003:

Recent DUI Legislation

On 3/22/02 the Florida Legislature passed House Bill 1057 greatly affecting DUI laws. In summary, this new legislation provides in part as follows:

Felony DUI

Felony DUI's have been expanded to include the following:

• As of July 1, 2002 any person who is convicted of a third time DUI within 10 years from his/her last DUI conviction can be charged with a third degree felony.

• "Serious bodily injury" language of felony DUI statute is expanded to include the words "contributes to causing" in addition to "the former language that provides: "causes." (Effective 7/1/02)

• Amends Florida Criminal Punishment code F.S. Section 921.0022 to include a third time felony DUI conviction as a level three offense.

Ignition Interlock Devices

Recently, the Department of Motor Vehicles has begun to require the imposition of an interlock device in the vehicles of those convicted of Driving under the Influence . There is a possibility that this requirement is incorrect. If you were convicted of a DUI between July 1, 2002 and July 1, 2003 AND the Judge did not order the imposition of an interlock device in your car, then the DMV CANNOT impose that requirement.

YOU HAVE 30 DAYS FROM THE DATE OF THE DMV LETTER TO FIGHT THE
DMV IF THEY IMPOSE THE INTERLOCK WITHOUT A COURT ORDER.

316.1937 Ignition interlock devices, requiring; unlawful acts.--

1. In addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence in violation of s. 316.193 shall not operate a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device certified by the department as provided in s. 316.1938, and installed in such a manner that the vehicle will not start if the operator's blood alcohol level is in excess of 0.05 percent or as otherwise specified by the court. The court may require the use of an approved ignition interlock device for a period of not less than 6 months, if the person is permitted to operate a motor vehicle, whether or not the privilege to operate a motor vehicle is restricted, as determined by the court. The court, however, shall order placement of an ignition interlock device in those circumstances required by s. 316.193.

2. If the court imposes the use of an ignition interlock device, the court shall: (a) Stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device. (b) Order that the records of the department reflect such requirement. (c) Order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the person. (d) Determine the person's ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. (e) Require proof of installation of the device and periodic reporting to the department for verification of the operation of the device in the person's vehicle.

3. If the court imposes the use of an ignition interlock device on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance to the department within 30 days. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered in the court record, the court shall notify the department.

4. If the court imposes the use of an ignition interlock device on a person whose driving privilege is suspended or revoked for a period of less than 3 years, the department shall require proof of compliance before reinstatement of the person's driving privilege.

5. (a) In addition to any other provision of law, upon conviction of a violation of this section the department shall revoke the person's driving privilege for 1 year from the date of conviction. Upon conviction of a separate violation of this section during the same period of required use of an ignition interlock device, the department shall revoke the person's driving privilege for 5 years from the date of conviction. (b) Any person convicted of a violation of subsection (6) who does not have a driver's license shall, in addition to any other penalty provided by law, pay a fine of not less than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s. 316.3025(4).

6. (a) It is unlawful to tamper with, or to circumvent the operation of, a court-ordered ignition interlock device. (b) It is unlawful for any person whose driving privilege is restricted pursuant to this section to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle. (c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to this section.
   
   (d) It is unlawful to knowingly lease or lend a motor vehicle to a person who has had his or her driving privilege restricted as provided in this section, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted under a condition of probation requiring an ignition interlock device shall notify any other person who leases or loans a motor vehicle to him or her of such driving restriction.

7. Notwithstanding the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle. This employment exemption does not apply, however, if the business entity which owns the vehicle is owned or controlled by the person whose driving privilege has been restricted.

8. In addition to the penalties provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
   
   History.--s. 1, ch. 90-253; ss . 16, 19, ch. 91-255; s. 18, ch. 94-306; s. 141, ch. 99-248; s. 4, ch. 2002-263.

Fines & Forms

• As of July 1, 2002 maximum fine amounts have been removed for any person who is convicted of a third or subsequent DUI, DUI's involving a person under the age of 18, and DUI's in which a blood-alcohol level is 0.20 or higher.

• As of July 1, 2002 all law enforcement agencies are required to submit alcohol influence report forms. As of July 1, 2004 all law enforcement agencies will be required to submit implementation of uniform arrest affidavit forms.

Refusal to Submit

• As of July 1, 2002 the words "Right to Refuse" have been stricken from F.S. 316.1932.

• " As of July 1, 2002 the following words have been added to Florida's Implied Consent Law:

  "..shall also be told that if he/she refuses to submit to a lawful test of his/her breath and/or urine, and his/her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his/her breath, urine, or blood, he/she commits a misdemeanor in addition to any other penalties."

• F.S. Section 316.1939 was created to outline the necessary elements associated with the new criminal offense of misdemeanor refusal. (Misdemeanor of the first degree) A.) Refusal to submit to breath, blood, or urine; B.) Prior refusal; C.) Arresting officer has probable cause to believe the Defendant is DUI; D.) Defendant was placed under arrest for DUI; E.) The Defendant was read implied consent; F.) The Defendant was told that his refusal constituted a misdemeanor offense. Note: The statute also provides that the results of any DHSMV administrative proceeding to do not effect the criminal case and visa versa. (Effective 7/1/02)

Use of Reasonable Force (Where DUI associated with serious bodily
injury or death)

• As of July 1, 2002 this statue has been adjusted from "The person shall submit" to "the officer shall require" in cases involving death involving or serious injurying.

• As of July 1, 2002, 316.1933 states, a lawful arrest is not necessary in order for a law enforcement officer to require the submission of a blood sample.

Boating Under the Influence

• As of July 1, 2002 any person found to be convicted of a third time Boating Under the Influence will be charged with a felony. Any person who refuses to any breath, blood, or urine test for a second time will be charged with a misdemeanor.

Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155  |  Telefax: 321.725.3737

Driver's License Info

DEPARTMENT OF MOTOR VEHICLES LICENSE REVOCATION PROCEDURE

• First Time DUI
• Second Time DUI
• Third Time DUI
• Fourth Time DUI

FIRST TIME DUI

• Your License will be Suspended for 1 year
• You are eligible for a Business Purpose Only (BPO) license
• You lose a Commercial License for 1 year if not operating Commercial Vehicle
• If operating a Commercial Vehicle, permanently disqualified with BAT over .04

Business Purpose Only Requirements:

• 30 day sit out if you blew
• 90 day sit out if no blow
• Must enroll in Counter Attack Level one class

Counter Attack Class:

Enrollment Information call:

Rockledge Melbourne Titusville

(321) - 632-5812 (321) - 255-1605 (321) - 268-3322

If you Win Department of Motor Vehicle (DMV) Formal Review Hearing:

• No DMV suspension
• No sit out time required

BUT:	Criminal Proceeding Could: Suspend license for 6 months Grant a BPO (see above requirements)

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SECOND TIME DUI

If you fail or refuse a breath test  (.08 & above)

• Your license will be suspended for 18 months
• You are not eligible for a BPO
• You may after 12 months petition DMV for a BPO

If you win a DMV Formal Review

• No DMV suspension
• No sit out period

BUT:	Criminal Proceeding Could: Suspend license for 1 year

If second DUI within 5 years:

• License revocation for 5 years
• May petition after 12 month for BPO

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THIRD TIME DUI

No BPO

If third DUI within 10 years

• Third Degree Felony
• License revocation for 10 years
• May petition for a BPO after 24 month

If it is a third DUI outside of 10 years

• License revocation for 5 years

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FOURTH TIME DUI

3rd Degree Felony

• 5 years in Prison
• Life time license revocation
• Not authorized BPO
• No Petition

   

Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155  |  Telefax: 321.725.3737

Melbourne Florida DUI Attorney