Brian Silber, Author at Brian Silber Law

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Tiger Woods Arrested in Jupiter, Florida on DUI Charge

May 30, 2017 By Brian Silber

Pro golfer Tiger Woods was arrested on Monday for allegedly driving while under the influence in Jupiter, Florida. Woods, 41, was charged with a DUI and was held at Palm Beach County Jail. He was released on his own recognizance four hours later, jail records show.

According to the arrest report, Woods was arrested at around 3 a.m. on Monday morning after he was pulled over on Military Trail, south of Indian Creek Parkway. He was booked into jail at 7:18 a.m. and released at 10:50 a.m.

In a statement published on Monday evening, Woods blamed prescribed medication he was taking for causing an “unexpected reaction.”

“I understand the severity of what I did and I take full responsibility for my actions,” Woods said. “I want the public to know that alcohol was not involved. What happened was an unexpected reaction to prescribed medications. I didn’t realize the mix of medications had affected me so strongly.”

In the statement, Woods also apologized to his family, friends, and fans. “I expect more from myself too. I will do everything in my power to ensure this never happens again.”

The golfer reportedly had fusion surgery on his back in April and wrote a blog post about it last week, saying he hasn’t “felt this good in years.” He has been plagued with injuries in recent years and even withdrew from the Honda Classic in Palm Beach Gardens earlier this year because of a back problems, sources say.

“It has been just over a month since I underwent fusion surgery on my back, an it is hard to express how much better feel,” Woods wrote. “It was instant nerve relief. I haven’t felt this good in years.”

Woods has had a brush with the law once before in 2009 when he crashed his vehicle into a fire hydrant and a tree as he was driving away from his home in Windermere. Investigators suspected that he was under the influence at the time of the crash, but an attempt to test his blood alcohol level was denied by prosecutors because of “insufficient information.”

Florida has some of the toughest DUI laws in the country due to all the deaths, particularly of youth, that have been caused by drunk driving. As a minimum requirement, anyone convicted of a DUI will have a combined sentence that usually includes DUI school, community service, driver’s license revocation, fines, court costs, and restitution where appropriate.

Prison time varies depending on the type of DUI case. First time DUI offenses that don’t involve allegations of serious bodily harm or death are usually classified as misdemeanors. Defendants in these types of cases usually receive probation with other conditions like DUI school, driver’s license suspension, community service, etc., but no jail time.

Because the state requires a mandatory conviction, a DUI can never be expunged or sealed from an offender’s criminal record. This, among other reasons, is why it’s important for offenders to hire a DUI attorney who can guide them through the criminal justice system and identify defenses that may help them win the case.

Source: 5.30.17 Tiger Woods Arrested in Jupiter on DUI charge.pdf

Two Miami-Dade Cops, One Civilian Injured in Wrong-Way Car Crash

May 29, 2017 By Brian Silber

Two Miami-Dade police officers were struck by a suspected DUI driver going the wrong way on Sunday morning. All three of them were hospitalized and are currently listed in stable condition. Authorities identified the suspected DUI driver as Jovary Hill. The names of the officers have not been released.

According to the police report, the crash took place at 4:30 a.m. near SW 157th Avenue and 164th Street. Hill, 30, was reportedly driving a Volkswagen Jetta north in the southbound lanes of the avenue when he crashed into the officers, who were patrolling the neighborhood in a police cruiser.

Both cars were badly damaged. Miami-Dade Fire Rescue Capt. Jack Swerdloff told news sources that the officer driving the cruiser was trapped in the car for more than an hour. He had to be extracted from the vehicle and airlifted to Ryder Trauma Center. Hill and the other officer were taken to Jackson South Community Hospital.

“When we get a call like this, it certainly is a little shocking when we arrive and we see that it is a police vehicle involved,” Swerdloff told the press. “The guys may be amped up a little bit more when they see that it is one of our brothers in battle, so to speak.”

Investigators believe alcohol may have been a factor in the crash.

“We do believe that the driver might have been under the influence of some type of alcohol, so that’s still part of the investigation, “ said Miami-Dade Police Detective Robin Pinkard. “We don’t have a speed right now, but we do believe that DUI might be a cause.”

According to the Florida Department of Highway Safety and Motor Vehicles, Florida had 61,852 DUI arrests in 2015. The majority of DUI-related crashes occur on Friday or Saturday, between 3 a.m. and 5 a.m.

DUI causing serious bodily injury is classified as a third-degree felony with a penalty of up to five years in prison or five years of probation, and a $5,000 fine. The charge must consist of three elements: the defendant was in control of a vehicle; while driving the vehicle, the defendant was under the influence of alcohol with a BAC of .08 or higher; and the defendant’s driving caused or contributed to causing serious bodily harm.

As a minimum requirement, anyone convicted of a DUI must receive a combined sentence that includes DUI classes, community service, vehicle impoundment, driver’s license suspension, fines, court costs, and restitution to compensate the victim of his or her losses when appropriate.

Due to all the deaths, particularly of young people, that have occurred in the state because of DUIs, the Florida Legislature has passed some of the most demanding DUI laws in the country. There is a zero tolerance standard in the enforcement of these laws, and as a consequence, Florida prosecutes a large number of DUI cases every year. If you have been arrested on a DUI charge, don’t proceed without the representation of a qualified criminal attorney.

Source: 5.28.17 Two Miami-Dade Cops, One Civilian Injured in Wrong-Way Crash.pdf

Chad Thomas Gorman of Lake Park, Florida Arrested On Child Porn Charges

May 26, 2017 By Brian Silber

Chad Thomas Gorman of Lake Park, Florida was arrested at a Wal-Mart in Jupiter last week after he was allegedly caught taking upskirt photos of a woman. Police reportedly found 400 pictures of women on his phone, including eight upskirt photos and one video.

He faces charges for video voyeurism and was released from Palm Beach County jail on Saturday on a $24,000 bond.

Gorman, 34, was arrested a second time on Tuesday on new charges after investigators reportedly found homemade child pornography videos on his phone.

He now faces several charges, including possession of obscene materials, lewd and lascivious behavior with a victim under 12, sexual assault with a victim under 12, and having a victim under 12 come in contact with bodily fluids. He is being held without bond. It is unclear if he has acquired the services of an attorney.

According to the police report, Gorman was first arrested on May 19 at a Wal-Mart store in Jupiter. He was seen lurking around the women’s apparel section for several hours by a security guard. The guard reportedly saw Gorman following young girls with his camera app open and caught him snapping a photo under an 18-year-old’s dress as she crouched down to look at an item.

Security called Jupiter police and an officer confronted Gorman about the pictures. He reportedly said that he did not know taking pictures of girls in public was illegal, and that he was just killing time shopping while waiting for his girlfriend to get off work.

Police managed to locate the 18-year-old girl he allegedly attempted to take pictures of and she told them that she wanted to prosecute.

A forensic analysis of Gorman’s phone yielded 616 pictures and eight videos. It is unclear how many of them are pornographic in nature, but some of them reportedly show Gorman touching a little girl and then touching himself in front of her. Those videos led to his second arrest on May 23.

When questioned by investigators about the videos, Gorman said he didn’t know anything about them. But he later allegedly admitted to knowing about them and said the girl in the videos is 10 years old. He said incidents with the girl began nearly eight months ago and the she was sleeping when he was molesting her, according to the report.

In order to be convicted of sexual battery with a victim under 12 years of age, the state must prove that the victim was less than 12 years old, the defendant was 18 or older and the victim was less than 18 at the time of the offense, and that the defendant committed a sex act with or upon the victim that involved their sex organs.

Penalties for this charge vary depending on factors like the ages of the parties involved and the circumstances of the crime. Penalties include a fine, life in prison, or both if the defendant is 18 or older and the victim is under 12 years of age. The defendant will be required to serve at least 25 years in prison before becoming eligible for parole.

Source: 5.25.17 Gorman of Lake Park Arrested on Child Porn Charges.pdf

Juan Calero of Hialeah Charged in 2015 Crash That Killed Liza Angulo and Jonathan Raymond Astaphan

May 25, 2017 By Brian Silber

Juan Calero of Hialeah is being charged for his involvement in the 2015 crash that killed high school graduate Liza Angulo of Miramar and third-year medical student Jonathan Raymond Astaphan.

Calero, 45, was reportedly operating a flatbed truck carrying unsecured concrete barriers when he made a wrong turn on I-75, causing a chain reaction of crashes that led to the death of Angulo, 17, and Astaphan, 29.

He is being charged with one count of reckless driving causing serious bodily injury and two counts of vehicular homicide. He was ordered held on a $150,000 bond by Judge Jill Levy during a magistrate hearing on Wednesday. If he posts bail before trail, he must wear a GPS monitor and cannot take drugs or alcohol or drive a commercial vehicle. He must also surrender his passport.

According to the police report, the crash occurred on May 28, 2015, on Interstate 75 near the southbound Pembroke Pines exit. Calero was driving a flatbed trailer carrying a load of concrete barriers when he made an improper turn west across four lanes.

The maneuver caused Astaphan, who was driving a Mitsubishi Lancer, to crash into the flatbed, shearing off the top of his car and instantly killing him. Angulo, who was driving a BMW 328i, tried to avoid the flatbed but it struck the right side of her vehicle and the concrete barriers it was carrying fell on her car and killed her.

The crash scattered concrete barriers on the highway and Eduardo Hernandez-Rodriguez, who was driving a truck, drove into them before hitting the flatbed. He was not injured in the collision. Astaphan reportedly had a passenger, Patrissia Rolle, who suffered injuries to her head and spine. She was taken to Memorial Regional Hospital for treatment.

Investigators spent almost two years gathering evidence to build a case before arresting Calero this week. Florida Highway Patrol concluded that his actions caused Astaphan to drive into the truck and Angulo and Hernandez-Rodriguez “were unable to avoid the crash.”

Calero’s defense counsel called the incident “a tragic accident” and argued that it was not an intentional act on the part of his client. Calero purportedly cooperated with investigators and was found to have no alcohol or drugs in his system at the time of the accident.

In addition to the criminal case, Calero is also reportedly being sued in civil court along with transportation entities involved in the crash by the families of Astaphan and Angulo. Rolle also filed a civil lawsuit that was settled for an undisclosed amount.

A driver is charged with vehicular manslaughter when they unintentionally cause an accident that results in the death of passengers, other drivers, or pedestrians. The charge is appropriate if the driver was under the influence or driving recklessly.

Under Florida law, vehicular manslaughter is a second-degree felony punishable by up to 15 years in prison. The charge can be enhanced to a first-degree felony if the defendant failed to render aid or give information after the crash.

Source: 5.24.17 Calero of Hialeah Charged in 2015 Crash That Killed Liza Angulo and Jonathan Astaphan.pdf

Four Injured, Two Critically After Two Boats Collide in Fort Lauderdale

May 24, 2017 By Brian Silber

Four people were injured last Saturday after their boat was rammed from behind by another vessel on the Intracoastal Waterway in Fort Lauderdale, Florida.

The four have been identified as Andre Neves of Pompano Beach, Juliana Da Costa Maria of Boca Raton, and William and Evelyn Rountree of Boca Raton.

Neves, 37, and Maria, 29, were critically injured, and the Rountrees sustained non life-threatening injuries. They were all taken to Broward Health Medical Center.

According to the Florida Fish and Wildlife Conservation Commission, the crash happened at around 10:30 p.m. on Saturday night behind a bar north of East Oakland Park Boulevard. Neves was piloting a 22-foot Twin Vee when Max Irvine of Deerfield Beach collided into his boat.

Irvine, 36, was operating a 31-foot catamaran with a passenger identified as Amanda Macke of Fort Lauderdale. They were not injured in the collision.

Fort Lauderdale Fire Rescue official Timothy Heiser told news sources that the boaters knew each other and were traveling together. Investigators believe that the Irvine’s catamaran crashed into the other boat because it had slowed down. The investigation is still ongoing.

Two other boating incidents reported in Miami-Dade County over the weekend. On Sunday, a boat carrying three children and an adult exploded in Black Point Marina at around 8:30 a.m. Two of the children were flown to trauma centers and the other victims were taken to a hospital by ambulance. The cause of the explosion is still under investigation.

Miami-Dade Fire Rescue spokesperson Erika Benitez recommended that boaters perform thorough safety checks before leaving the dock, including removing sources of ignition, opening hatches to increase airflow and let out ignitable fumes, and making sure to have Coast Guard-approved safety equipment.

On Sunday afternoon, two women and a man were injured when a personal watercraft crashed into their boat near Sea Isle Marina. They were taken to Jackson Ryder Trauma Center for treatment. Their identities and condition have not been released.

According to Miami Fire Rescue Capt. Ignatius Carroll, the man and one of the women were operating a jet ski in the water at the moment of impact, and the third victim was on the boat. He encouraged boaters to use good judgment and be careful of their surroundings. The cause of the crash is under investigation.

All three accidents occurred on a weekend that marks the beginning of Florida’s Safe Boating Week, which was scheduled to coincide with National Safe Boating Week by Gov. Rick Scott.

According to statistics from the Florida Fish and Wildlife Conservation Commission, 714 boating accidents, which resulted in 67 deaths, were reported in Florida in 2016. The commission advises all boaters heading out to water to wear Coast Guard-approved life jackets, designate a sober boat operator, be prepared for any changes in weather conditions, and get educated about the state’s current boating safety education law.

Sources: 5.21.17 Four Injured, Two Critically in Boating Accident.pdf & 5.21.17 Boat Explosion Injures Three Children and One Adult.pdf & 5.21.17 Three Injured After Two Boats Collide.pdf

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