Florida Criminal Defense Lawyer Blog

This past Wednesday, the 3rd of August, a 51-year-old woman was booked into the Palm Beach County jail on charges that she had forged more than $23,000 worth of checks. This news caught the attention of all criminal defense lawyers, who defend against fraud charges in Florida. Donna Allen, the accused, had allegedly stolen the checks from an elderly couple she worked as a driver for.

Fraud, traditionally a white-collar crime that occurs at the corporate level, also makes the occasional appearance in cases such as this. As a Miami criminal defense attorney, I am very familiar with defending clients against accusations of fraud, and it is clear to me that Ms. Allen would be best served by securing the services of a competent criminal defense lawyer because white collar crime is now receiving the same sort of attention that other forms of crime have long-received.

The Palm Beach County Sheriff’s Office probable cause arrest affidavit states that Allen is allegedly responsible for forging forty-six checks from three separate bank accounts belonging to Rosanna and Albert Springer of Lake Worth, Florida. She was charged with forty-six counts each of forgery, of uttering a forged instrument, and one count each of grand theft from a person 65 years of age or older and of organizing a scheme to defraud. Her bail has been set at $286,000. The guilt of Ms. Allen apparently does not remain in question, making it the job of a qualified criminal defense lawyer to secure for her the best treatment possible.

These charges are not only extremely numerous, but very serious, and can carry heavy jail time. As a Miami criminal defense attorney living during this period that has seen the judicial system grow more and more strict, I fully understand the likely fate awaiting Ms. Allen should she not receive fair treatment under the law. Those individuals charged with fraud do not receive much sympathy from society, and notably less when the victims are an elderly couple. The role of the criminal defense lawyer in a case such as this becomes the protection of his or her client from an excess of punishment.

Allen had been receiving ten dollars an hour in cash to drive around the late Mr. Springer during the day, and told investigators she had receive multiple legitimate checks from the couple. She has admitted to the police that she forged Mr. Springer’s name on several checks to herself and others. Once, she took a check he had given to her and changed the amount from $300 to $3,000. Especially given the amount of evidence held against her, it is of utmost important that Ms. Allen seek a capable criminal defense lawyer.

What should have been a joyful reunion turned sour Wednesday night, when an 18-year-old Palm Springs man was arrested on assault charges after his 21-year-old brother in the Marines returned home for the first time in three years. It is hard to see a violent assault case such as this occur between two family members, but experienced criminal defense attorneys will recognize the importance for the defendant of ensuring proper legal counsel. Jaquez Devon Strange was released on his own recognizance Thursday by Palm Beach County Circuit Judge Ted S. Booras. Strange has been charged with aggravated assault with a deadly weapon and simple battery.

Strange remained quiet throughout his first hearing in Booras’ courtroom, but shook his head in disagreement when the judge suggested that his Marine brother should have “stomped him to the dirt”. This is precisely the style of courtroom demeanor that awaits most individuals who face such charges without a competent criminal defense attorney being present. As a Miami criminal defense lawyer, I understand that such charges are very serious and have the potential to result in jail time but I also, having seen this play out over and over, have a great deal of sympathy for people that find themselves in this situation. Everyone thinks that there is a “type” of person who ends up on the wrong side of the law when the truth is that all of us have within us the potential to make a bad decision—even one that has a violent end.

The official report, made by the Palm Springs police officer who first responded to the emergency call, describes the incident as evolving from an argument between the two brothers. A criminal defense attorney always recognizes that many assault charges spring from transitory emotions and are not indicative of “normal” behavior. The returning Marine, whose name is blacked out in the police report, reportedly arrived home at about 5:30 p.m. to surprise his family. Jaquez Strange told the responding officer that upon seeing his older brother he said “Hi” before returning upstairs to finish ironing his clothes. His brother was unsatisfied with the greeting and chased Strange upstairs, where they got into an argument. And that, unfortunately, is quite common—a simple exchange gone wrong.

The obligation of the criminal defense lawyer who takes on this individual as his or her client, is to secure their fair treatment under the legal system and to secure the best possible outcome.

Regrettably, as the argument escalated, Strange reportedly picked up a poker from next to the fireplace to use as a weapon. His older brother disarmed him, but the disagreement turned physical with each claiming the other struck first. In my years as a Miami criminal lawyer I have seen the type of destruction such a case as this can wreck at both the societal and familial level. The best possible outcome is for the defendant to enlist the services of a criminal defense attorney who is adequately prepared to defend him.

This Friday, in a decision that gave heart to criminal defense attorneys across Florida, investigators with the Office of Internal Affairs at the Orlando Police Department reported their findings that an Orlando officer violated department protocols when he administered a mouth swab at a traffic stop without the legal authority to do so. The mouth swab was conducted to determine the presence of drugs on the man driving the car. Criminal defense attorneys take special notice on occasions such as this, when police misconduct appears in drug-crime related situations. Personally, my years of work as a Miami criminal defense lawyer have shown me that there are many drug cases that are not conducted according to the books.

The incident in question occurred at roughly 10 p.m. on January 5th, earlier this year, when Officer Stanaland stopped Adolph Hobbs’ vehicle at the intersection of North Orange Blossom Trail and Country Club Drive. Stanaland has said that he stopped Hobbs’ car after he seeing him talk to supposed drug dealers and suspecting him of having purchased cocaine. Stanaland was not only acting without the proper legal authority to conduct such a search, but also violated department policy when he failed to conduct the swab in a sanitary manner. This nature of treatment stands out to a well-versed criminal defense attorney as a potentially unconstitutional search.

The Orlando Police Department requires that officers wear latex gloves and use issued equipment while conducting swab tests. Stanaland wore no gloves and used Q-Tips he had purchased himself. Fortunately, Mr. Hobbs was not found in possession of any illegal substances, but had he been the manner in which he was treated would severely weaken a prosecutor’s case. In such a case, an experienced criminal defense attorney would have his work cut out for him.

The report shows that Hobbs allowed Stanaland to search his car because he had “nothing to hide”. Hobbs reported that after searching the car, Stanaland approached him saying, “open your mouth”, whereupon he conducted the swab test. Asking what it was for, Hobbs was told by Stanaland that he just wanted “to make sure you didn't eat any drugs”. Hobbs has said that Officer Stanaland never asked for his permission to conduct the test, another occurrence that would stand out to a criminal defense lawyer. The issue was brought to the attention of Internal Affairs when Hobbs filed a complaint several days later. Experience as a Miami criminal defense attorney has led me to recognize all the signs of apparent police misconduct, especially in such arenas so sensitive and potentially destructive as drug cases.

This Saturday, Palm Beach County police released news that former U.S. Representative Tim Mahoney is facing DUI charges after being found asleep behind the wheel the night before. DUI cases, whether they involve a famous figure or not, always attract the interest of Florida criminal defense attorneys. Police have reported that Mahoney has reportedly been released from the Palm Beach County Jail on his own recognizance. Penalties for driving under the influence have grown increasingly harsh in recent years, and years of experience as a Miami criminal defense attorney have led me to understand that individuals facing such charges are in need of competent legal protection.

A Democrat from Palm Beach Gardens, Mahoney was found asleep inside his car sometime between 2:45 and 3:00 a.m. Saturday morning. Capt. Bill Brandt, a spokesman for the Palm Beach Gardens Police, reported that a North Palm Beach police officer found Mahoney inside his car which was stopped on the road at the corner of PGA Boulevard and U.S. 1. Criminal defense lawyers, for whom working with DUI cases is a regular occurrence, understand that a high level of societal scorn and ill-will is targeted at those convicted. For this reason, it is crucial that individuals such as Congressman Mahoney employ a seasoned criminal defense attorney for their defense.

The intersection where Mahoney was found is located on the border of jurisdictions, requiring the officer who discovered Mahoney to call in the Palm Beach Gardens Police. It was they who conducted the investigation and made the arrest.

When questioned by the press on Saturday afternoon, Mahoney said he had “no comment” about his arrest. Mahoney represented Florida’s 16th district for one term after he was elected to the seat once held by former Congressman Mark Foley. Foley had resigned after a sexual misconduct scandal, and (ironically) Mahoney himself resigned after admitting to multiple affairs. When I read about these types of acts of human frailty I don’t gloat or feel self-righteous. I just feel sad that someone’s life is so out of control that they would throw away a rich career, a good marriage, and a life most people only dream of having on ridiculously simple and short-lived pleasures.

Experience working as Miami criminal defense lawyer has led me to look at all angles of a case. It is important to consider the possible factors in Mahoney’s personal life that led to such a serious error in judgment. The responsibility of his criminal defense attorney will be to present a comprehensive defense, given all the data involved.

This past Wednesday, a 49-year-old man was reportedly stabbed by a 15-year-old juvenile after an argument over a bicycle. This is precisely the type of case that catches the attention of a Florida criminal defense attorney because of the involvement of so young a suspect. The attack occurred around 6:30 p.m. on the side of a road near U.S. 1 in Melbourne. Melbourne Police Department investigators have said that the 49-year-old man entered into an argument with the juvenile suspect after recognizing his blue bike, stolen earlier this week, in the youth’s possession. Sgt. Steve Sadoff of the Melbourne Police reported that the argument began “at the corner of Aurora and Avocado”, when “one of the subjects pulled out a knife and stabbed the guy in the stomach”. Upon arriving at the scene of the crime in response to a 911 call, Melbourne police officers used tracking dogs to trace the suspect to Aurora Road and Pineapple Avenue, roughly two tenths of a mile away. The police found the knife used in the attack and were able to arrest the subject.

In my years working as a Miami criminal defense attorney, I have repeatedly seen simple arguments result in an individual facing serious assault charges and what was supposed to be a simple theft turn into violent robbery. Fear, adrenalin…these are the mixing bowl of violent crime. Years of working as a criminal attorney have afforded me with a plethora of experience in such cases of assault and battery. When people are angry, youth in particular, they don’t think about what will happen even a half hour after the argument, much less ten years down the road. They just keep going down the path their emotions lead them until—boom! Something unplanned, something undesired, and something dangerous has happened.

When taking up an assault case in my capacity as a Miami criminal defense lawyer¸ my primary objective is to ensure that the defendant received fair treatment on the judicial system. I am well-aware that good people do stupid, reckless, and dangerous things from time to time. I try to ensure that all the good they’ve done in their lives is not overshadowed by a one-time act of recklessness.

None of the people involved were named by the police on Wednesday night, and fortunately rescue paramedics reported that the victim suffered a non life-threatening puncture wound to the upper right portion of his abdomen. He was taken from the scene of the attack to Holmes Regional Medical Center. Detectives kept the road blocked at the scene of the crime until 8 p.m. to take photographs and collect evidence. Criminal defense attorneys across Florida should pay close attention to the outcome of this case, and to the implications it may have for our profession.

To professional criminal defense attorneys, it is clear that in this case, as in many others, the suspect is in the wrong and deserves to expect the full legal consequences. However, in such a strict legal climate as we see today, such a case of assault could forever ruin the suspect’s life. He, like every citizen, deserves a fair day in court and a proper legal defense. There exist certain other variables beyond the transcript of events that must be considered in his case. At such an age, to what extent can a youth be held fully responsible for his actions? To what extent was the stabbing an emotional response conditioned by the delinquent youth’s environment? These are the questions that I, as an experienced Miami criminal defense lawyer, would ask in court.

In a groundbreaking decision made yesterday, Judge Mary S. Scriven of Florida’s
Middle District declared part of an important Florida drug law unconstitutional. In a
43-page order that holds vast implications for the world of Miami criminal defense,
Judge Scriven threw out the cocaine-delivery charge brought against defendant Mackle
Shelton in a 2005 trial. Six years ago, Shelton received an 18 prison sentence for his
work as a cocaine delivery man. Shelton remains convicted of the seven other related
charges brought against him during the trial.

Scriven found the Florida law that Shelton was charged with breaking is unconstitutional
because it eliminated the need for a jury to establish the presence of mens rea, or “a
guilty mind”, in the defendant. This decision marks an important advance for the
cause of justice in the Florida criminal system. For years, the best efforts of Florida’s
criminal defense attorneys were too often unable to protect those individuals facing
such a charge. Scriven also took aim at certain changes made to the Drug Abuse
Prevention and Control law by the Florida state legislature in 2002, declaring them
unconstitutional on the same grounds.

The law in question specifically denies the right of anyone to “sell, manufacture, or
deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance”
However, Judge Scriven writes that during the 2005 trial the jury was not instructed to
determine whether Mr. Shelton was conscious of the nature of his deliveries. The best
Miami criminal defense lawyers have always seen a problem with the law that allows
such a clearly erroneous practice. As Judge Scriven wrote, “Not surprisingly, Florida
stands alone in its express elimination of mens rea as an element of a drug offense.”
With luck, Judge Scriven’s order will have a lasting positive impact on the ability of
Miami’s criminal attorneys to fight for their clients’ rights.

Criminal defense lawyers in Florida will welcome the logic of Judge Scriven’s order.
She writes that “there is a long tradition throughout human existence of lawful delivery
and transfer of containers that might contain substances,” but “Under Florida's statute,
that conduct is rendered immediately criminal if it turns out that the substance is a
controlled substance, without regard to the deliverer's knowledge or intent.” This news
opens the doors for effective and competent Florida defense lawyers to provide their
clients with an additional opportunity for protection from harsh drug laws.

Judge Scriven’s order calls attention to the weaker points of Florida’s drugs laws that
have plagued Miami criminal defense attorneys, for years. She writes that there are
an infinite amount of possible scenarios in which one might legitimately not know they
are in possession of illegal drugs. Scriven specifically challenges the age-old argument
that the “possession of cocaine is never legal”, saying that it is inherently flawed.
Scriven cites rulings from several United States Supreme Court cases in her court order
and also points to the fact that there has not yet been an appellate case challenging
the law. Judge Scriven’s court order is a laudable effort toward increasing the justice of
the Florida legal system, and gives criminal defense lawyers a better ability to defend
their clients.

In what appears to be a message specifically directed to prosecutors, Judge Scriven
writes that the traditional “tough luck” approach to such cases is not an acceptable
answer to the constitutionality of the law. Miami criminal defense lawyers, indeed
defense lawyers all over Florida, should welcome this news as an advance in
defendants’’ rights.

Judge Scriven sums up her assessment of the Florida drug law by writing, “the Florida
drug statute fails completely.” Defense lawyers all over Florida, particularly those
Miami criminal defense attorneys who see such a high proportion of drug offense
related cases, surely cannot help but to agree with Judge Scriven’s assessment of
Florida drug laws.

Earlier this week, an 18-year-old resident of Viera, Florida was charged with growing cannabis plants at two separate locations in Viera and Suntree. Justin Michael Callari, the accused teenager, was arrested on the 15th of last month but not presented with formal charges until recently. Occasions such as this catch the attention of experienced criminal defense lawyers because we understand how important it is for young adult offenders to secure the services of a qualified advocate. The punishment for drug crimes of this nature may often be unbelievably harsh and can ruin the rest of a young person’s life.

In mid-June, twenty-five cannabis plants were found by an agent of the Brevard County Sherriff’s Office in a wooded area behind a 3,800 square foot home on Cape Sable Drive near Suntree. The owner of the house directed the agent to Callari as the owner of the plants. In his report from June 15th, Agent Adam Steuerwald wrote that during an interview at his apartment Callari, “admitted to growing 11 plants behind the house and also admitted to an additional five plants at his residence”.

The fact that a confession was obtained during an interview at Callari’s home implies that no criminal defense attorney was present. Callari was subsequently arrested and charged with the possession of thirty plants, a third-degree felony which could carry a sentence of up to five years in prison. One wonders how this investigation would have played out had the defendant waited until he had secured the services of a Florida criminal defense lawyer before talking to the police.

Callari, who has received two tickets for trespassing in the last two years but has no criminal record, was able to post the $5,000 bail and awaits a hearing of early resolution on the 23rd of August. The early resolution program is designed for first time offenders and those with non-violent records and Callari is expected to appear with his defense attorney. It often allows for cases to be settled without a trial, and as an experienced Miami criminal defense attorney I recognize the big difference that the services of a qualified advocate can make during these hearings.

Lt. Alex Herrera, a spokesman for the sheriff’s office, said of outdoor grow operations, “We've had several throughout the years, some large and small. It's kind of hit or miss.” He said that this case, in which the plants were found by wild hog trappers, is similar to most finds where discovery of the operation is generally accidental. Years of service as a Miami criminal defense attorney have let me see the difference that a proper defense can make in a case such as this, where a cannabis offense can mean serious time in prison.

Whether it's cold medicine, cough syrup, a legal prescription drug or alcohol, if you ingest too much and drive a vehicle, you can be charged with driving under the influence.

"Even if someone is taking prescription drugs legally, they can be charged with DUI," said Sgt. Kim Montes, spokeswoman for the Florida Highway Patrol district that includes Volusia County. "If a trooper evaluates someone, either on a traffic stop or at a crash scene, and determines they are impaired from alcohol, illegal or legal drugs, or another substance, they can be arrested."

The FHP recently charged a man with DUI manslaughter in an Orlando case because they believe he had inhaled computer cleaner, Montes said.

Toxicology reports, which reveal the presence of substances in the blood that can lead to impairment, can take several months to complete, said FHP Lt. Bill Leeper. He noted authorities are awaiting toxicology results in at least one Flagler County crash involving serious injuries.

The Friends Drive Sober organization devotes a section of its website to prescription and over-the-counter drugs and their effect on drivers.

"Drugs impair our bodies in a variety of ways," the site reads. "They may blur our vision; make us tired or too excited; alter depth perception; make us see or hear things that may not be there; raise or lower blood pressure; react too quickly, too slowly, or not at all. They cause problems with concentrating on the task at hand."

The Centers for Disease Control and Prevention specifically lists cough and cold medications containing dextromethorphan as one of the most commonly misused over-the-counter drugs, "to get high."

"The pivotal issue when it comes to controlled substances is impairment," said Chris Kelly, spokesman for the State Attorney's Office.

The short answer, he said, as to whether a person is guilty of driving under the influence depends on two things: the impaired individual is in control of the vehicle and, per state statute, "that the person's normal faculties are impaired."

It's up to the discretion of law enforcement to determine whether a driver should undergo testing and whether a breath or blood test is requested.

"If we have an idea of what types of drugs they may be taking, then we can ask for that drug to be specifically tested," Montes said.

The Florida Department of Law Enforcement runs a panel for all controlled substances when blood is drawn, said spokeswoman Susie Murphy.

"We don't typically test for huffing (inhaled) agents," Murphy said. "We don't test for over-the-counter drugs at all."

But that doesn't mean a person can't be charged with DUI for taking over-the-counter medication.

"If someone were to ingest enough over-the-counter medicine, they could also be arrested for DUI if it is determined that they are impaired," Montes said.

NASHVILLE — Drivers who get behind the wheel after having too much to drink, and individuals who can't prove they're in the country legally, face tougher consequences in Tennessee with the start of the new year.

Up until midnight Saturday, drivers could get a second DUI conviction and still avoid having a device attached to their car that requires them to prove they're sober before the vehicle will start.

But under a new law, first-time offenders convicted of having a blood alcohol level of at least 0.15 will be required to have ignition interlock devices installed on their vehicles.

"It's going to enhance the awareness of what the consequences are of impaired driving," said Mike Browning, a spokesman for the Tennessee Department of Safety.

There are currently about 600 drivers in Tennessee with the devices, according to the Safety Department. In 2008, there were 29,901 DUI arrests in the state. And in 2009, 303 people were killed in crashes where the driver had a blood alcohol level of at least 0.08.

Trooper Ehrin Ehlert is the administrator of the ignition interlock program in Tennessee. He said over the course of time he believes the new law will become more of a deterrent because having to blow into a device before your vehicle will start is not only embarrassing, but an inconvenience.

For instance, the program requires periodic tests and "the device sounds an alarm when it's time for what's called a rolling retest," Ehlert said.

It's also recorded if the driver doesn't give a breathing sample within a certain amount of time, and the device triggers the vehicle's horn and causes its lights to flash to alert law enforcement that the driver is in violation.

"I would definitely say that there are some social ramifications to it," Ehlert said.

Sonya Manfred, program specialist for Mothers Against Drunk Driving in Tennessee, said the group supports requiring first-time offenders to install the device.

"We hope the law will increase the number of interlock ignitions on vehicles," Manfred said. "We hope to see a decrease in the number of drunk driving fatalities."

In July, a similar law was passed for convicted drunken drivers in four California counties, including Los Angeles.

In Tennessee, another law taking effect New Year's Day targets illegal immigration. The measure requires jailers to report individuals who don't have legal documentation to U.S. Immigration and Customs Enforcement and the Homeland Security Department.

Some jails, including the one in Nashville, had been involved with a voluntary ICE program that did the same thing. The new law puts the requirement into place in all cities and counties.

Stephen Fotopulos, executive director of the Tennessee Immigrant and Refugee Rights Coalition, said his group opposes the law because "it's a huge unfunded mandate on local governments, with no public safety benefit."

"It creates an unreasonable burden on local jailers to become immigration experts," Fotopulos said.

A 51-year-old Pennsylvania woman was charged with DUI and assorted other traffic offenses on Wednesday, Harrington police said.

Tara S. Jackson, of Devon, was charged with DUI, resisting arrest, driving without a license and driving the wrong way on a one-way street, said agency spokesman Sgt. Earl Brode.

Officers on patrol at about 11 p.m. spotted a car that appeared to be stuck on the snow on U.S. 13 near the railroad tracks.

An investigation determined that Jackson had been driving the wrong way on U.S. 13 prior to getting stuck.

When officers walked up to the car, they noticed an aroma of alcohol and tried to get Jackson out of the car, Brode said.

Brode said the she refused to get out to perform field sobriety field testing.

After a short struggle, officers were able to get her out and arrest her.

While at the police station, Jackson continued to be combative and uncooperative with the officers.

She was committed to the Sussex Correctional Institution after failing to post $2,300 secured bail.

Texas prides itself on being a "zero tolerance" state for young drinkers: Even a whiff of alcohol detected on anyone under 21 can result in a ticket. Minors can be cited for even being near a beer.

But reality isn't Texas tough. Whether it is a police officer escorting a young drinker home or a prosecutor opting for lesser charges or dismissing the complaint altogether, young people who drink and drive often get a break.

According to juvenile court records, young drunken drivers aren't much of a problem in Dallas County. Only 11 juveniles – under age 17 – were prosecuted for DWI from 1999 to 2009. That's because, as in many jurisdictions, the majority of kids who drink and drive in Dallas end up with tickets – for lesser, Class C misdemeanors such as "minor DUI," "minor in consumption" and "minor in possession" – which lead to fines, community service and license suspensions.

A Dallas Morning News analysis of Dallas' municipal court found that about 850 kids under age 17 were ticketed for those offenses between 2004 and 2009. Hundreds more go through justice of the peace and other municipal courts in the county. And some are never ticketed at all.

It is "completely contrary to our 'tough on DWI' " stance, says Clay Abbott, DWI resource prosecutor for the Texas District and County Attorneys Association.

The philosophy of juvenile justice is to give young offenders a second chance. But some experts say merely giving a young person a ticket with a few hours of community service and six hours of "alcohol awareness" lectures is a missed opportunity to stop the cycle of drinking and driving through treatment.

Some youthful offenders need more than a long lecture, they say. They need a substance abuse evaluation and, if they are deemed to have a problem, intensive treatment.

"We want to forgive and overlook youthful indiscretions," Abbott said. But studies show that young drinkers are more likely to reoffend. "By not punishing the kids earlier, it becomes more serious as an adult problem."

The cost is high: In November, 14-year-old Valeria Rodriguez was killed on Interstate 35W in Denton when an SUV in which she and two teenage boys were riding ran off the road. The boys, including her 14-year-old boyfriend, who police say was driving, were allegedly intoxicated. He now faces a charge of intoxication manslaughter.

Car accidents are the leading cause of death for people ages 15 to 20. And about a third of those fatalities are alcohol-related, according to the National Highway Traffic Safety Administration. Tens of thousands more people of all ages are injured each year.

DWI deaths have declined in recent decades as awareness has increased, and the number of kids driving drunk has dipped since 1990. But experts say too many kids are drinking too early and too hard. The primary age of a first-time drinker decreased from 14.6 in 1997 to 13.9 in 2007, according to Dr. Jane Maxwell, senior research scientist at the University of Texas at Austin School of Social Work and co-author of a recent study, "Too young to drink but old enough to drive under the influence." And 17 percent of high school seniors say they "have driven while drunk in the past year."

Pete Schulte, a police officer turned defense attorney who specializes in DWI cases, said that when an underage drinker charged with DWI comes to his office, it's usually not the youth's first alcohol infraction. "The system is failing these [kids]," Schulte said. "We're not treating the problem."

View from the street

The battle against teen drinking and driving begins on the street. Law enforcement officers don't take the problem lightly and have a plethora of laws to employ: A teen who's had even a sip can be ticketed for consumption; a teen who's in a car with an open container can be ticketed for possession even if the alcohol isn't his; and a teen who's driving with any amount of alcohol in his system can receive a minor DUI citation.

But in Dallas County, there's really no facility set up to deal with the truly drunk teenager.

Minors can't be thrown into the drunk tank with adults. And "Dallas County Juvenile Detention will not accept an intoxicated juvenile," said Irving police Officer Stephen W. Burres III. "If I stop a 16-year-old kid who is drunker than Cooter Brown, they will not accept them."

Randy Wadley, interim director of juvenile services for Dallas County, said the detention center is not set up to house intoxicated teens. Funding is limited, and the focus is on keeping violent teenagers off the streets. Drunk teens are rarely brought to the center, he said, and "if they were, it would be a challenge. You haven't set up a program or place for those children."

Another option is the hospital. An officer can take an inebriated minor to Parkland Memorial Hospital until a parent arrives – but that may take hours, removing the officer from the street.

"When they get to Parkland, they basically sit in the hallway with the kid because Parkland can't treat them because they are a juvenile and you need the parent's permission," Burres said.

Most officers instead do what became standard practice in Irving a few years ago, Burres said. For children ages 10 to 16, Irving police issue a ticket for minor DUI, then release the youngster on the spot to a responsible adult.

Although it happens far less than in the past, officers from some jurisdictions may not issue a ticket at all but simply escort the youth home.

John Patton said he started drinking in junior high but was never arrested – until he killed someone.

'Reeking of alcohol'

"There were times I should have gotten a DWI and I didn't" when growing up in Dallas, he said. "One night, I hit a curb and obviously was drunk. And an officer came up and drove me home as I'm reeking of alcohol."

Patton, now 31, said he didn't drink every day, but when he did, he often drank too much. He didn't worry; he was a good student athlete with plans to attend law school.

But when he was 22, after leaving a college party, he was driving through a quiet residential neighborhood when he slammed into another car, killing a 25-year-old man.

Patton spent two years in prison for intoxication manslaughter. He now works as a substance abuse counselor and also speaks to underage drinkers.

"The first DWI sentence should be harsh," to force young people into treatment programs, Patton said, " 'cause then it stops you in your tracks."

No-shows in court

If a teenager does get ticketed for an alcohol infraction, it can be difficult to get him to court.

Dallas juvenile municipal Judge Cheryl Williams estimates that half to two-thirds of those due in her court for alcohol infractions fail to show up. If they fail to appear after a second notice, the case remains open.

But nothing happens.

"I don't have any authority to hold a child," she said. "That's what we lack in municipal and JP courts." In extreme cases, Williams can have the offender taken to a juvenile detention facility – where he is released to an adult because there is no place to keep him.

Consequences finally come into play when a no-show offender tries to obtain or renew a driver's license. Then the Texas Department of Public Safety requires him to resolve the citation.

If the offender does appear in court, and requests a trial, the charge is almost always dismissed, because officers frequently don't have hours to spend waiting for a low-level misdemeanor trial.

"I have never had a minor DUI or a minor-in-possession trial," Williams said.

Records show that more than 1,500 alcohol-related cases in Dallas municipal court were dismissed between 2004 and 2009. The most common reason is "witness unavailable" or "insufficient evidence."

City prosecutors did not return repeated calls for comment. If an offender does show up for court and pleads guilty, unlike in adult cases, a DUI offense is often "deferred" – meaning there is no final conviction if probation is successfully completed. More than 160 DUI cases were deferred in municipal court between 2004 and 2009, as were hundreds of minor-in-consumption and minor-in-possession cases. And again, unlike with adults, the case may be expunged completely from a person's record after he or she turns 21.

In Dallas municipal court, some youthful offenders have had multiple infractions before reaching the legal drinking age of 21.

Some law enforcement officials say penalties for underage drinking and driving are too weak, particularly for first offenses.

"We all know they won't care until they get a record," said Lt. Dale Barnard of the Dallas police DWI Task Force. "If there's no consequences, there's no remorse."

Longtime Dallas County Justice of the Peace Bob Whitney of Irving still believes giving young people a chance for a clean record is important. He says his primary focus is keeping offenders from picking up another offense. That, he said, is when a manageable situation can get out of hand.

"I try to make sure they know that if they only have one offense by their 21st birthday, they can get an expunction," Whitney said.

But Darrell Fant, former director of public safety in Highland Park, said removing arrests and convictions from the record often causes more problems than it solves.

"The parents are convinced if ... [their child gets] this conviction on their record, it will keep them out of Duke or Harvard or places like that," he said. "They're what I call these 'rescuer parents' that try to erase the consequence of their children's choices.

"Then they wind up having a 40-year-old calling to say, 'Mom and Dad, I'm in trouble again.' "

When a young person does plead guilty, local judges say, they do everything they can to prevent another offense. Minors are required to take an alcohol awareness class and perform some sort of alcohol-related community service, such as picking up beer cans by the side of the road.

Williams says her "biggest hammer" is the ability to suspend a driver's license. But, the judge points out, not every offender has a license – many simply drive without it. "It's effective only to those who care about the consequences," she said.

If she's aware of a previous alcohol-related offense, she may require the offender to spend time in a hospital emergency room or write his or her own obituary.

Repeat offenders are not unusual. The News' analysis of municipal court data showed that some youths had multiple offenses before reaching legal drinking age. About 8 percent of those charged in the last five years have already reoffended.

But the chances of Williams knowing about a previous Class C arrest are slim – there is no statewide database for Class C misdemeanors.

Whitney always orders youthful offenders to attend a series of Alcoholics Anonymous meetings. He said it's not unusual for them to take a laissez-faire approach to the sessions initially, but the message eventually gets through.

He recalled a case 10 years ago in which he fined a teenager $300 and ordered eight hours of Alcoholics Anonymous meetings.

"I really didn't think that I would get anything out of Alcoholic's Anonomous [sic]," the young man later wrote to the judge. "I sure didn't think I had a problem. After I listened to the first three speakers I started to see a pattern in all of them, that being their childhood and their younger drinking days sounded a lot like my life."

The youngster went on to tell the judge that the sentence "was not actually a punishment at all but a great lesson," and that he planned to continue attending AA even after his court-ordered sessions ended.

"If you can show them the way, get them in a program, you're usually able to turn them around," Whitney said.

In Williams' court, every juvenile offender – and their parents – must meet with a social worker for an assessment. If Williams' staff identifies a substance-abuse problem, she refers the child for treatment.

Treatment is key

Prosecutors, defense attorneys and experts say evaluation and treatment are the keys to slowing recidivism. Most reform advocates are not interested in harsher punishment for young drunken drivers; they're interested in intense mandatory treatment to steer people away from lives of alcohol abuse.

Though not every teen who drinks needs treatment, underage drinking is an under-recognized problem, Maxwell said. And awareness classes are not enough.

"Alcohol education is great for the dumb kid who tried to buy liquor and got caught," she said, but it "doesn't do much for the offender with a substance-abuse problem."

Full-blown alcohol treatment can be either inpatient or outpatient and may involve addiction education, behavioral therapy, coping skills education, participation in a 12-step program, group therapy and family counseling. Such programs may include several sessions a week over several months.

Affluent parents have access to a wide range of private treatment programs, but publicly funded treatment for low-income offenders is scarce. Maxwell's study found that more than 11,000 minors were arrested for drunken driving in 2007, but only about a thousand entered treatment.

She'd like to see mandatory alcohol assessments before sentencing for any minor arrested for an alcohol infraction.

"What if we looked at DWI or DUI arrests as a screener for alcohol and drug problems?" Maxwell asked. "If everybody who got arrested got a decent assessment and the ones who are substance abusers got sent to treatment, I bet we'd really lower the rate of recidivism."

One problem yet to be addressed, Maxwell said, is the growing incidence of driving under the influence of drugs other than alcohol. Experts say many kids seeking treatment suffer from a dual addiction to alcohol and another substance.

Patton wishes someone had forced him into evaluation or treatment before he got behind the wheel of that car and killed someone.

Young people "don't really ever think about the future," he said. "I try to get them just to visualize themselves at 25, 30, where they want to be, what they want to be doing. Then I just kind of ask them if what they're doing right now is going to get them to where they want to be in life."

"If you're not ready to start a prison sentence tomorrow, and spend the rest of your life knowing you have injured or killed someone," he said, "then don't drink and drive."

The accused cold-blooded killer of a Yale doctor has told a federal judge that he's still suing a Brooklyn hospital where he and his victim had clashed.

Dr. Lishan Wang filed the discrimination suit in Brooklyn Federal Court nine months before cops say he stalked and shot Dr. Vajinder Pal Toor at point-blank range last April in front of the victim's wife and 3-year-old son.

Wang blamed Toor for getting him fired from Kingsbrook Jewish Medical Center and accused the hospital of mistreating Chinese nationals like himself.

While trying to represent himself in the murder case in Connecticut, Wang informed Brooklyn Federal Magistrate Judge Steven Gold that his civil lawyer no longer wants to represent him in the bias suit, so he's prepared to handle the suit on his own.

"It is my intention to bring the case to a trial in your court, so justice may be served," Wang wrote.

Wang makes no mention of the criminal case in two letters mailed recently to Gold - the return address is the New Haven public defender's office - but whines about how his "wrongful termination" from Kingsbrook has caused him severe mental trauma and anguish.

"The plaintiff [Wang] has since lost a hard-earned career in medicine, and the plaintiff's son was not able to continue his high school education at Bronx Science High School due to the plaintiff's loss of income," he wrote.

Wang even accuses Toor of committing medical malpractice and claims the shooting victim falsely accused him of trying to poke him in the eyes with a pen in May 2008.

Kingsbrook's lawyer declined to comment on the letters, and Wang's original lawyer did not return a call.

The judge issued an order that he will not take any action on Wang's motion pending the results of a hearing to determine whether he is competent to stand trial in the murder case.