The Safir Lawyer Blog

Florida DUI, criminal defense, and personal injury, explained by a forensic lawyer-scientist and former public defender. Seven running series cover the science behind the evidence, the cases in the news, the injury claims, and how a defense actually gets built, all in plain English.

Rory Safir

Every post here is written by Rory Safir, one of only six ACS-CHAL Forensic Lawyer-Scientists in Florida, the author of The Florida DUI Trial Manual, and a former Assistant Public Defender in Tampa.

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Is It Illegal to Put a Tracker on Someone’s Car in Florida? The Milner, Georgia, Police Resignations

Milner, Georgia’s full-time police force resigned, and one officer’s resignation letter cited an allegation that the mayor put a tracker on the chief’s truck, Police1 reported. As of October 25, no outlet had reported charges. In Florida, section 934.425 makes tracking someone without consent a third-degree felony, and a second-degree...

Ex-Pasco Traffic Control Officer Joseph DeSantis Accused of Chasing Teens in His Truck: When Is a Car a Deadly Weapon in Florida?

Joseph DeSantis, a former Pasco Sheriff’s Office traffic control officer, was arrested on two aggravated assault counts after teens told deputies he chased them in his truck in Wesley Chapel, WFLA reported. Florida has treated a car as a deadly weapon since 1926 when it’s used like one, and a...

Manatee County DUI Saturation Patrols: Latest Results and What Each Stop Needs

The Manatee County Sheriff’s Office Traffic Unit made nine DUI arrests during a saturation patrol on Friday, October 23, 2026, WWSB reported. A saturation patrol has no roadblock, so each stop has to rest on its own lawful reason....

Brady Violation: Florida Supreme Court Orders a New Trial Over Withheld Crime Lab Call Logs

On October 15, 2026, the Florida Supreme Court ordered a new trial because the State withheld FDLE call logs in which its own DNA analysts called the transfer theory the State argued to the jury highly unlikely. The ruling shows what Brady requires, and Florida’s discovery rule goes further on...

Florida Judge Peffer Suspended Over a Deepfake Recording: How Fake Audio Is Fought in a Criminal Case

On October 9, 2026, the Florida Supreme Court suspended Broward Judge Lauren Peffer for 30 days over a fabricated recording she used in her campaign. Where authenticity of a recording is fought in a Florida criminal case: section 90.901, the original file, chain of custody and a forensic examiner....

Florida Woman Arrested After Claude AI Chat Flagged to Police: What 836.10 Requires

A Lee County woman is charged with a felony after Anthropic flagged her Claude AI chat and reported it to police. What Florida’s written threats law, section 836.10, requires, whether a private AI chat is “sent, posted, or transmitted,” how a company can report a chat without a warrant, and...

Matching a 911 Description Alone Isn’t Enough to Detain You in Florida: Holliday v. State

On October 2, 2026, Florida’s Fifth District Court of Appeal reversed a Clay County man’s resisting convictions because deputies detained him only for matching a 911 caller’s short description. What Holliday v. State held, why the description wasn’t enough, its limits, and where the defense is....

Matthew Farwell Trial: Where the Sandra Birchmore Case Stands

Jury selection began October 6, 2026, in the Boston federal trial of former Stoughton police detective Matthew Farwell, accused of killing Sandra Birchmore and staging her death as a suicide. Why it’s a federal case, the cause-of-death fight, her statements in court, the digital evidence, and the dates ahead....

Arrested for Resisting Over Window Tint. The State Never Filed the Charge.

A late-night stop for windshield tint, an arrest for resisting an officer without violence minutes later, and up to a year in jail on the line. Before the State decided whether to file, a letter to the prosecutor about the one thing that charge needs: a lawful stop. The State...

Luigi Mangione Double Jeopardy Fight: Where the Case Stands

Luigi Mangione pleaded guilty to two federal counts of stalking resulting in death on August 14, 2026, and his lawyers now say New York’s double jeopardy law bars the state murder case. What New York’s statute says, where its exceptions put the fight, the dates ahead, and what happens if...

Vet Students Breathed Alcohol Vapor and Blew a 0.087. What That Means for a Florida Breath Test

A 2023 study had six veterinary students run horse ultrasounds with 90 percent ethanol in a closed room, then blow into an evidential Dräger breath machine. Most tested positive, up to 0.087. What the study shows, what it doesn’t show about Florida’s Intoxilyzer, and where the defense is....

The “Vicks Defense”: When a Nasal Inhaler Tests Positive for Meth on Florida Probation

Some drugstore nasal inhalers contain levmetamfetamine, a form of methamphetamine, and a routine lab confirmation can’t tell it from the street drug. A chiral test can. What the science shows, the federal 80 percent line, and what Florida requires before probation can be revoked....

Florida’s Career Offender License Marking: “775.261, F.S.” on the Driver License

Since October 1, 2026, Florida requires the marking “775.261, F.S.” on the front of the driver license or ID card of every designated career offender. Who counts as a career offender, when the marked card is due, the felony for not getting it, and where the defense is....

Florida’s New Gang Member Criteria, Section 874.03: Social Media, a Spouse, and Two Sightings

Since October 1, 2026, Florida’s checklist for labeling someone a criminal gang member has 13 criteria, including admissions and gang-related language on social media, a live-in spouse’s word, and two sightings with known members instead of four. What changed in section 874.03, what the label does to a sentence, and...

Florida’s 2026 Animal Cruelty Changes: A New Felony Involving a Minor, and the FDLE Website

Since October 1, 2026, Florida makes it a separate third-degree felony for an adult to commit aggravated animal cruelty in the presence of a minor, or to cause or entice a minor to commit it. The 2026 laws also expanded FDLE’s public animal cruelty website. What the statute punishes, who...

Florida’s New Indecent Exposure Felony, Section 800.035: Exposure While Watching a Child

Since October 1, 2026, Florida makes it a third-degree felony to expose yourself or perform a non-contact sexual act while watching a child under 16 for sexual gratification, when the child could see you. The child doesn’t have to notice. What the law says, how it answers State v. Werner,...

Lindsay Clancy After the Mistrial: Can She Be Tried Again? The September 29 Hearing

Lindsay Clancy’s murder trial ended in a hung jury on September 4, 2026, over whether she was criminally responsible. Why a retrial is allowed, the one Massachusetts rule that can stop it, who has to prove her state of mind, and what could happen at the September 29 hearing....

Fake Paystubs and Rental Applications Become a Felony in Florida on October 1, 2026

Starting October 1, 2026, getting into a Florida rental with a fake paystub, bank statement, or ID, a false identity statement, or by impersonating the applicant is a third-degree felony. What the new law covers, what it doesn’t, and the seven-day lease termination that comes with it....

Florida’s Nitrous Oxide Ban for Smoke Shops Starts October 1, 2026: Who Can Be Charged

Meg’s Law makes it a third-degree felony for a store licensed to sell tobacco or nicotine, or its clerks and employees, to have nitrous oxide on the premises starting October 1, 2026, with no minimum amount. What it covers, what was already illegal for buyers, and where the defense is....

Breaking a No-Contact Order Becomes Its Own Crime in Florida on October 1, 2026

Starting October 1, 2026, willfully violating a no-contact pretrial release condition is a crime after an arrest for battery, assault, stalking, and other violent charges, not only domestic violence. What counts as contact, what happens if the other person reaches out, and how the order can be changed....

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