SARASOTA COUNTY – The former Braden River High football coach convicted of DUI manslaughter this year is out of jail and will remain free for another year or more. He was charged with a DUI crash that killed his best friend and fellow coach.

The former Braden River coach spent a month in jail after his conviction, but Circuit Judge Donna Berlin allowed The former coach to post an appeal bond of $50,000, which allows the coach to remain free while the 2nd District Court of Appeal reviews his case.

Berlin, who presided over the trial and sentencing of the former coach in June, ruled that there was a “good faith” appeal issue that goes to the heart of whether the former coach should have been convicted of DUI manslaughter, his attorney Brett McIntosh said.

The former coach was also eligible for the appeal bond because he had no previous felony conviction, McIntosh said. Conditions of his release prevent the former coach from drinking alcohol, he said.

The contentious trial was mired in legal issues that waded into the deep end of court rules about who could testify and what they could tell the jury.

His attorneys claim some testimony that placed him behind the wheel — an important element of the crime — should not have been allowed.

He has filed the appeal, which often takes more than a year, and sometimes up to two years, to get a decision.

According to trial testimony, the former coach, 32, had been drinking for more than eight hours and consumed more than 14 drinks at a party with other coaches in Venice that day.

While driving home, with three others in his truck, the former coach veered off State Road 681, crossing two lanes of traffic twice and overturning his Ford F-150. His blood-alcohol level was 0.21 percent, nearly three times the level at which Florida considers drivers to be impaired.

Have you been charged with DUI in Sarasota? If so, the story above should only show you that when charged with a crime, you do still have rights. Also that you are not automatically guilty and you could fight your charge at trial. To learn about your options contact a Sarasota DUI attorney at our firm for a free and confidential consultation today.

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Dakota Wilson has seen more than his fair share of tragedy — arguably too much for a person who just turned 18 last month.

He is one of two seniors along with Ben Peacock who has been on the Braden River varsity football team the past four years.

It hasn’t been an easy ride, and their ability to handle adversity has been tested. It would be hard to find many football programs in America that have gone through what transpired there the past couple years.

Wilson lost one of his assistant coaches, who was killed in a tragic car accident. After a much publicized trial, his former head coach was convicted of DUI manslaughter in the accident and is now incarcerated.

He also lost his new coach, who took over in 2009 and then left shortly after the season for another school.

Wilson and his teammates are now preparing to play under Don Purvis, their third head coach in three years. If they feel abandonment and mistrust, it should not surprise anyone.

Purvis has seen some of the emotional scars and has taken on the dual role of healer and coach. He wants to win, but seeing his players mend is equally important.

Wilson is his perfect role model and the coach believes he can help, which is why he holds Wilson in such high regard.

If any player had a right to come into his final season with a chip on his shoulder, it would be Wilson because he was so close to the catastrophe that overwhelmed this team. But he is not that way.

He has listened to Purvis, got a chance to evaluate what he says and likes what he hears. To Wilson, the coach brings a breath of fresh air and has given the players a reason to smile.
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For years, the argument over the computer code inside the state’s alcohol breath-test machines has hampered hundreds of DUI prosecutions in Sarasota and Manatee counties.

It appears the problems will not stop anytime soon, despite a recent ruling on the issue from the 2nd District Court of Appeal.

Judges in Sarasota and Manatee counties have ruled that defendants have the right to examine the evidence against them, including the computer code inside the Intoxilyzer 8000. They have issued a subpoena for it.

The manufacturer, CMI Inc. of Kentucky, says the code is a trade secret and has so far refused to comply with the subpoenas. In cases where breath test results are the most compelling evidence, prosecutors have had to dismiss or reduce charges.
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SARASOTA COUNTY – The Former Braden River High football coach was sentenced to 10 years in prison Friday on a DUI manslaughter conviction for a 2009 crash that killed his best friend and fellow coach.

The sentence followed state guidelines, roughly splitting the difference between the 12-year sentence prosecutors requested and the four years defense attorneys asked for after a dozen friends and family got up to speak on his behalf.

Circuit Judge Donna Berlin said it was obvious the former coach was a good coach and good teacher, and was much loved by his family and friends.

“I think people make bad decisions,” Berlin told him, as she also sentenced him to five years of probation with community service such as speaking about drunk driving consequences.

The former coach partied for more than eight hours and consumed more than 14 drinks before veering off State Road 681 in March 2009, crossing two lanes of traffic twice and overturning his Ford F-150, killing best friend and fellow coach Doug Garrity, prosecutors said.

The former coach choked back tears Friday as he read a statement to the court, where he talked about how low he has felt since the crash.

“I want the court, friends and family to know I carry the sorrow for Doug’s loss every day in my heart. The events of March 21, 2009, have cost me the career and profession that both I and Doug loved and the ability to help high school boys and girls become productive young men.”

“I can only hope any young person who sees me and hears these words will apply my situation as a lesson.”

“For those I have helped to guide in the past, and those I will not in the near future, I am sorry. Doug was not merely someone that I worked with, but he was one of my best friends, in essence, a second brother to me. And there is not anything I would not do to bring him back. I love Doug and I miss him everyday.

“I am not a menace to society or a horrible person, I am a caring and hardworking husband, brother and son.”

The wreck and subsequent trial of the former coach led to his brother, James, being sentenced to jail on contempt of court charges for refusing to testify against Josh hunter in the case. Both Hunters were in the SUV when it crashed.

Been arrested for drunk driving in Sarasota? Feel free to contact our Sarasota DUI Lawyers for a free consultation:

Sarasota County Office
1990 Main Street, Suite 750
Sarasota, FL 34326
Phone: 941-916-3627

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As you may have heard, the former football coach at Braden River High School was officially convicted of DUI manslaughter, but he is now asking for a retrial. A story from today’s new:

SARASOTA — As former Braden River High football coach Josh Hunter awaits in jail to be sentenced for DUI manslaughter, his attorney has asked for a new trial before a judge decides his fate.

Hunter’s attorney, Brett McIntosh, has filed a motion for a new trial, focusing on Circuit Judge Donna Berlin’s ruling about statements made by Hunter’s friend, Matt Braselton, a passenger in Hunter’s pickup truck on May 22, 2009, when Hunter crashed his truck near Venice.

On May 17, a jury found Hunter guilty of DUI manslaughter for driving his truck off the County Road 681 on-ramp to Interstate 75 and causing it to overturn, ejecting his best friend and assistant coach Doug Garrity from the vehicle, killing him. Blood tests later showed Hunter had a blood-alcohol-content level of .21, nearly three times the legal limit in Florida of .08.

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A Florida Highway Patrol trooper based in Bradenton and two Sarasota County sheriff’s deputies were recognized this week by their agencies as some of the top DUI enforcers on Florida’s highways.

Sarasota County deputies Richard Johnson and Jennifer Pinti were recognized for making more than 100 DUI arrests each in 2009, the sheriff’s office said

Trooper Sean M. McCormick was honored by FHP as one of 15 officers statewide who made more than 100 drunken driving arrests during 2009, according to an FHP release.

FHP gave its top DUI enforcement award to Trooper Michael A. Hollis Jr., based in Land O’ Lakes, who made more arrests for DUI than any other trooper in 2009. Hollis Jr. made 203 DUI arrests last year, FHP said.

Hollis Jr. was given the Hurd-Smith award, named for two FHP troopers who were killed by drunken drivers while on duty in 1992 and 1997.Z

I am curious about how many of these DUI suspects were proven innocent or even proven guilty. Not close to 100 I can tell you that.

If you have been arrested for DUI in Sarasota County, Florida don’t assume you can’t beat the charge. Instead call 941-916-3627 to schedule your free consultation.

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SARASOTA COUNTY – A Venice woman was injured Thursday after she reportedly lost control of her car on U.S. 41 and it went airborne, landed on top of a Cadillac and damaged five cars at a dealership. It is unclear if alcohol was a factor.

A Florida state trooper said the accident happened about 2 p.m., shortly after Susan Barnes, 46, turned right from State Road 776 onto U.S. 41 and lost control of her white Buick Skylark.

The car hit the median, sending it airborne across the northbound lanes onto the top of a 2007 Cadillac STS parked at Crest Cadillac.

Barnes’ car landed on its side and she was briefly trapped, said Florida Highway Patrol Trooper Chris Slowick.

She was taken to Venice Regional Hospital with cuts and bruises, Slowick said.

The accident caused about $100,000 in damage to the vehicles, according to a Crest manager. No one else was injured.

The trooper said charges are pending. Updates as they are available.

We are unsure if this driver will be charged with driving under the influence. If you have been charged with a DUI in Sarasota we offer free consultations to discuss the your situation. Call 941-916-3627 to talk with a Sarasota DUI attorney today.

A new project in Manatee and Sarasota county courts will identify veterans from the latest Iraq war and the Afghanistan war when they are arrested, then link them to social programs that can help them avoid legal trouble in the future.

Getting the veterans the help they need can prevent them from becoming repeat offenders on minor charges like DUI, substance abuse or in conflicts that lead to assault or battery, 12th Judicial Circuit Chief Judge Lee Haworth said.

“We want to intervene as early as possible,” said Haworth, a 23-year Army veteran who spent time in Iraq during Desert Storm.

Haworth was a prosecutor when Vietnam veterans returned home in the 1970s, and says the mental scars from war were not well understood.

This is an abstract from the Herald Tribune Article.

If you have been arrested for a criminal offense of any kind in the Sarasota County area of Florida, your freedom is in jeopardy. Fortunately, a Sarasota County criminal defense lawyer may be able to help you avoid a conviction and serious penalties. The most pressing issue at hand will be whether you are going to be formally charged, and what specific charges you will face. An attorney may be able to step in immediately and work to help you avoid charges in the first place. When this is impossible, your Sarasota County criminal defense attorney will be able to assert your rights through all criminal court proceedings in order to help make the law work in your favor.