Saturday, May 30, 2015

"FUI": Flying Under the Influence... It's NOT a good idea, especially with your Kid on board ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 57 y/o Christopher Hall of Satellite Beach, FL.  That's his mug shot below...




On Wednesday, May 27th, 2015 Chris intended to take flight accompanied by his ten (10) y/o son in his twin-engine Cessna Skymaster from the Melbourne, FL airport and was headed to Dayton, Ohio to allegedly visit the National Museum of the U.S. Air Force, but he never made it off the ground.  Instead, Chris piloted - er steered - his plane directly into a shed, with the left-wing of the airplane crashing into a "small tower shed at the end of the runway", bringing the journey to an abrupt halt.




The incident did not come as a surprise to the air traffic controller who was assisting Chris in his take off as the audio recording of the tower-to-pilot conversation went like this:  Controller: "Okay 32 Mike {"32 Mike" refers to the tail number of the plane that Chris was efforting at piloting}, where are you going sir?  (Hearing no response...} Skymaster 32 Mike, is everything alright sir?  32 Mike, turn your engines off.  Twin Cessna 32 Mike, turn your engines off sir... kill your... kill your engines." Per reports in his responses to the controller Chris' voice was "noticeably slurred".




Shortly after the plane came to a stop police and fire crews responded.  Per Lt. Pete Mercaldo of the Melboune PD:  "There were minor injuries reported", the odor of an alcoholic beverage was apparent on Chris' breath, and, Chris "had bloodshot eyes", was "flushed and sweating", seemed disoriented and refused to either supply identification to take any sobriety tests.  Apparently, even as the plane's engines continued to hum, Chris' son told cops to look inside of his father's bag, and when they dis so they found a "nearly half full bottle of cognac, and unopened bottle of wine and a plastic bottle filled with a clear liquid which had the odor of alcohol."  As Chris was arrested and taken to the Brevard County, Florida Jail for "reckless operation of a vessel" child abuse without harm authorities had to call in DCF to deal with his ten (10) y/o son.  Authorities reached out to the child's mother and Chris' wife Jeannine Hall, who is an anesthesiologist and who happened to be in Hawaii at the time.  Jeannine reportedly advised the authorities that she was not at all surprised as her husband has a drinking problem and that he was known to consume alcohol in the mornings before flying.  Why she took no action to stop him, especially in doing so with her son, is unknown.




Chris not only faces felony criminal charges in Florida but he also is the subject of an FAA investigation as federal guidelines prohibit pilots from flying aircraft within eight (8) hours of consuming any alcoholic beverage, much less flying while actively under the influence.  Further, it's a foregone conclusion that Chris will also be defending himself against DCF in Dependency Court (which should be among any parent's rock bottom worst nightmares) and he is like to be hauled into Family Court by Jeannine (who, herself, has some 'splainin' to do.... Again, if she knew that her hubby had a drinking issue and that he was prone to FUI - flying under the influence - then wtf was she thinking in allowing for even the possibility that her son could wind up in a plane with his father?)  In the interim Chris has bonded out of jail and his son is in the temporary custody of a "longtime" family friend.



When it comes to the subject of drinking and driving (OR FLYING), the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".


Be smart{er than Christopher Hall}: Don't drink (OR FLY) and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.


Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.


At Michael A. Haber, P.A. "Its all about reasonable doubt"! 


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #BadParent #BadPolit #DrunkPilot #IntoxicatedPilot #RecklessOperation #RecklessPiloting #ChildAbuse #ChildEndangerment #RecklessOperationOfAVessel #RecklessOperationOfAnAirplane
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Can you now get a Ticket for "using" an Apple Watch while Driving? ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




The Apple watch...




Is it a "hand-held device that includes a telephone function" or is it a "Bluetooth device that communicates a telephone signal from the phone"?  That... is the question.




Meet Jeffrey Macesin of Pincourt, Quebec, Canada.  That's him below.  I don't know if Jeff is a Shakespeare fan or not but I do know that he has posed the afore-asked Shakespearean quandary, or at least that his lawyer, Avi Levy, has asked it. 




Last week, in Canada, Jeff was stopped while driving his car by the Surete du Quebec police not for speeding or for weaving or for having defective equipment; rather he was stopped because the Popo had observed him manipulating his Apple watch while he was driving.  




Apparently there is a provision in the Quebec Highway Safety Code law which says that: "No person may, while driving a road vehicle, use a hand-held device that includes a telephone function", and this particular Surete du Quebec Police Officer, feeling that the Apple watch constituted "a hand-held device that includes a telephone function", decided to issue Jeff a ticket which carries four (4) points and a $120 (CD - which is presently about $96 USD) fine.  "Oh (boy) Canada!"... here we go.



Jeff gave an interview after receiving his controversial citation (which you can see here) wherein he explained that he was driving and using his Apple Watch not to make phone calls but to to change the music in his car.  Per Jeff:  "{I was} going towards Vaudreuil, I - there was a cop car behind me and he didn't have his lights on yet, but then he turned them on and I thought maybe he just wanted me to get out of the way... I already knew authorities were on a Highway 20 overpass since my Apple Watch has the traffic app Waze... my phone was in a bag and being charged and I was changing music with my Apple Watch... I was changing songs like this, with my hand on the steering wheel... I pulled over when I got off the bridge there, and sure enough, he got out of his car and came up to me and I asked what the problem was and he said that I was caught using my mobile device... It's not so much hand-held. It's a watch, you know? It's on my wrist. And that's where it gets really controversial. I understand their point of view, but the fact is that he thought I was using my phone, and I wasn't using my phone. I was using my watch."  Thus I, or Avi Levy or Jeff or whomever, ask you again:  Is the Apple watch a "hand-held device that includes a telephone function" or is it a "Bluetooth device that communicates a telephone signal from the phone"? 




This blog post may present a Canada issue but it addresses a global issue waiting to happen.  With exponentially greater frequency, sadly, folks are distracted drivers, and as technology advances so too do the distractions.  Ten (10) years ago no one would have thought of the dangers of texting and driving, but today no one can deny that the same are very real, very deadly and all to frequent occurrences.  My guess is that this will run up the Court chain and ultimately break against Jeff and the rest of the driving community (whether by Court ruling or by the Legislature - Parliament or whatever silly governing body they employ in Quebec - changing the law).  The idea behind Quebec's (and almost every other jurisdiction which is not embedded in the stone age and which has a similar law) is that public safety concerns override the individual's desire / need / right to use her / his technology in the limited instances where doing so reasonably and foreseeably effects others, and driving is such an instance.  By his own admission Jeff's Apple watch was not being used merely as a watch, he was not "telling time"; rather Jess was using his advanced "smart watch" to manipulate his radio (not to fail to mention to monitor police presence as, by his own admission (which I am certain will factor into the decision-making calculus) his "watch" was concurrently running "Waze", an app designed to allow you to interactively "join other drivers in your area who share real-time traffic and road info" - you can read about the app here) and it is not an unreasonable jump top conclude that the Apple watch served as a bona fide distraction to his responsibilities to be an observant  driver.  Further, one must remember that Jeff is a Quebec driver, and, if you live in South Florida as I do, then you probably know all about "Je me souviens" and the perils of being within a dozen car lengths (with or without an Apple watch or a smart phone or even a cup of coffee on the arm or even within hand's reach of the alleged driver, "eh")...




I am not trying to be either flippant or a party pooper, I'm just calling it like I see it.  In today's day and age there are too many accidents waiting to happen.  Personally I don't want my son or my siblings or my nieces or my nephews or my mother or my girlfriend or her daughter or her family or most anyone else to be a victim of someone who was paying more attention to their Apple watch, iPhone or anything else that serves as a distraction from their societal obligation to look out for the rest of us, while simultaneously operating a potential deadly instrumentality.



For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #AppleWatch #DistractedDriving #TrafficTicket #TrafficCitation #Ticket #Citation





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Friday, May 29, 2015

Do you have to appear in felony court after successful completion of PTI? ~ "Best Answer" on AVVO ~ Call Michael A, Haber, Esq. @ 1-888-SHARK-8-1

Q:     Court after I finished a program?  I was arrested November 2014, for a 3rd degree grand theft. December was my court date and My judge gave me a program of 6 months. I had to pay back 1,400 + 50 community hours + a $300 program fee + show up to the office once a month and sign paperwork. I've officially done it ALL. My last time to show up is in a couple of days. My officer told me I was going to get a new court date after the program was done. My question is... what's the court date for? And DO I HAVE to show up?


A:     Chosen as "Best Answer" by Asker!

Licensed in FL



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Answered .   My guess, having practiced in the 305 for nearly a quarter of a century, is that your final court date will be for the PTI completion memo to be formally read into the record and then for the State to formally announce a nolle pros (dismissal of your case) on the record.

Most of our 305 Judges do not "require" your attendance but there are a few sticklers who will, and in any event all of them would appreciate seeing your smiling face and simultaneously offering you congratulations on your hard-earned dismissal.

So, who is your Judge?

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less



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Posted 2 days ago.
My judge is "TINKLER-MENDEZ, MARISA".. She seemed like a very lovely woman.
Thank you so much for the quick response!
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted 2 days ago.
Yes, she is a very lovely woman as well as being a highly respected Judge. I have many matters in her division and am always happy to appear in that Courtroom.

You can call Judge Tinkler-Mendez's Judicial Assistant, Carolina, at 305-548-5733 and ask her whether or not you must appear. The link to Judge Tinkler-Mendez's Judicial profile is found at the following website.

https://www.jud11.flcourts.org/juddirdetails.aspx?judgeid=1044&sectionid=128

Congratulations again on your successful completion. Once it is formalized you should, if you choose, be able to expunge the record. However, in this regard you should know that this is 2015 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

Regardless, some folks feel better having their arrest expunged from the public records, and if you do then you should be able to accomplish that objective.


For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1









THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #PTI #PTD #PreTrialIntervention #Diversion #PreTrialDiversion #SuccessfulCompletion #SuccessfulCompletionOfPTI
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FL Man Pretends to be CIA, Call 911 for help with Drug Bust & is Arrested Himself ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 18 y/o Meltz Celestin, or should I say "CIA Agent Kevin Zeleslin"?  Either way that's his mug shot below....




Apparently young Meltz had a mental meltdown last Sunday (May 24th, 2015) when he called 911, identifying himself as CIA Agent Kevin Zeleslin and asking the Lee County, Florida Sheriff's Department for help with a drug bust that was about to go down in Leigh Acres.




The problem?  Weeeeeelllllllllllll..... For starters there is no CIA Agent Kevin Zeleslin, there is only Meltz Celestin, and, Meltz is no more a CIA Agent than are either Claire Danes (who plays Carrie Mathison) or Mandy Patinkin (who plays Saul Berenson) on Hollywood's own "Homeland".




Although Meltz may very well just be as bat sh*t crazy as Claire (who suffers from bi-polar disorder in the show), based upon his actions on Sunday he's no where near as effective a CIA Agent as is Carrie....

So, for reasons unknown, Meltz (per the cops) "randomly" shows up at a Leigh Acres area home where he encounters a family of five (5), ranging from 18 - 41 years old and including a pregnant woman, who had been packing up their car for a trip to the "Sun Splash Family Waterpark" in Cape Coral, Florida when Meltz drove into their driveway in a green Toyota.




Per the family reports, Meltz exited his vehicle, identified himself as a CIA Agent, pulled a gun, pointed it at the family of five (5), threatened to shoot and "ordered" them to their knees.  The family complied as they feared for their lives.  Per the cops, who arrived on scene intending to assist the CIA to effectuate a drug bust, they first observed Meltz standing in the driveway by his car.  He did not have a firearm in his hand but they did find a loaded 9mm in his right jacket pocket, they also found eight (8) grams of marijuana in his car and they did NOT find any CIA credentials. Accordingly, Meltz was arrested on five (5) counts (one (1) for each family member) of aggravated assault with a firearm, carrying a concealed firearm, possession of marijuana, trespass, battery and a probation violation (the violation was from a prior trespass and battery case) and is being held on $531,500.00 bond.  Memo to Meltz Celestin:  A) CIA Agents do not make drug busts and B) the CIA does not "operate" on U.S. soil (which begs the question... Wtf was the Lee County Sheriff thinking?). You probably meant DEA (not CIA), which would have made more sense.  On the other hand, the fact that you did what you did (bizarre-o) and apparently have little understanding of crime, crime fighting or reality for that matter, suggests that you might well have a viable insanity defense.  On the other hand, my guess is that the marijuana that you thought that you had was not marijuana and was something more nefarious, like perhaps synthetic marijuana, maybe even "Crazy Monkey" (which you can read about here). The police crime lab report will tell us for sure in this case and although it's clearly not in YOUR interests for the pot to be fake and not genuine, personally I hope that it proves to be synthetic because actions such as yours set the marijuana legalization movement back many steps.  Pot smokers do not do sh*t like this.  The only thing in danger from a pot smoker is a bag of Doritos.  While your having (and using) synthetic marijuana would explain your psychotic behavior it would also cripple your defense (as in Florida being under the influence of intoxicants is NOT a defense to criminality).  Memo to the Folks:  Synthetic marijuana ("Spice", "Crazy Monkey"... whatever you call it) some seriously dangerous stuff which makes people do some cra cra things.  



For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Impersonating #FakeCop #PersonatingALawEnforcementOfficer #CIA #BatShitCrazy 

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