Tampa Bay Criminal Defense Lawyer Blog

From an online article in the sun-sentinel, a woman was arrested for a DUI. The twist? She is claiming she wasn't driving...

26-year old Kimberly Martin of Florida was arrested early Thursday morning by the Marion County Sheriff's Office. There release gave a few more details.

An eyewitness saw Ms. Martin "speeding into the parking lot and slammed on the brakes in front of the gas pumps". When the mother of four got out of the car, she was reeking of alcohol and had three small children in the backseat.

The eyewitness proceeded to take the keys away from the DUI suspect and police were called to the scene.

The suspect performed field sobriety exercises and failed them, per the police report. She was arrested on suspicion of Driving Under the Influence and during a search incident to arrest, she was found to have an oxycodone pill on her. The Sheriff's office then charged her with a possession of a controlled substance. Later, the suspect took the breathalyzer test where she blew a .21 (the legal limit in Florida FYI is a .08-she blew almost THREE times the limit)!

The children, ranging in ages from 9 years to six months, were given to a family member.

What seemed like an open and shut case got a little weirder. In a jail house interview with the Ocala Star banner, the suspect continued to swear she was not driving. Rather, she claimed it was every wife's arch-nemesis, the mother-in-law, who was actually driving.

Per the suspect, she was on her way to jail to bond her husband out. While on the way, she got in an arguement with the driver, the mysterious mother-in-law. At the gas station, the mom stormed off, leaving Kimberly alone. The only problem with this story is that there was a witness to Ms. Martin driving, nobody saw this mother-in-law and she was not seen on the gas station video!

Despite this stellar defense strategy, Ms. Martin may have even bigger problems. The police arrested her for the offenses of DUI, possession of oxycodone and tampering with evidence. These new arrests violated her probation . Ms. Martin was actually on probation at the time for ANOTHER DUI as well as a sale of a controlled substance.

While it looks like the suspect may be facing a long jail/prison period, in reality, these charges could have been much, much worse. In many Florida counties, getting a DUI with children in the vehicle results in an additional charge of child abuse. Also, she could have had additional charges such as traffic offenses or giving false information to a police officer.

Continue reading "Florida woman arrested for DUI, claims she wasn't driving." »

From the channel 10 news team website, a Tampa man is facing felony charges for a joyride in a "borrowed" Walmart electric motor cart...

Timothy Carr, 48, had a few drinks and decided that he wanted to spice up his night. His night ended in jail where he was arrested for disorderly intoxication, felony retail theft and DUI for taking a motorized shopping cart for a spin...

Police were called out to a Tampa Walmart last Sunday in reference to an intoxicated man. When the officers arrived, they found the suspect in a shopping cart driving through the aisles and knocking over merchandise. He was seen drinking alcohol from a bottle he swiped from the store.

Legal Analysis

The man was arrested for retail theft after he admitted he had no money for the alcohol he had stolen. While the amount taken was not enough to be charged with a felony grand theft he was still charged with a felony because he had multiple petit theft priors.

Florida statute 812.014(3)(c) deals with a case like Timothy Carrs. While he stole a misdemeanor amount of goods, he was still charged with a third degree felony. This is because under the above statute, he can be charged with a felony theft if he had two or more prior retail theft convictions.

DUI on a scooter?!

As a Saint Petersburg DUI attorney, clients are often amazed about what the law considers a vehicle. A Driving Under the Influence charge can come about from a motor vehicle, lawn mower, truck, scooter, golf cart and even a bicycle! Florida State Statute 320-01 goes into the definition of a "motor Vehicle" as follows:

320.01 Definitions, general.--As used in the Florida Statutes, except as otherwise provided, the term:
(1) "Motor vehicle" means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
(b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended.

At first glance this statute appears to not allow for bicycle or electric motor scooter DUIs. However, a closer look at the Florida Driving Under the Influence statute reveals that you merely need to be in actual physical control of a VEHICLE on a public road and not a MOTOR vehicle. Hence the Defendant in the above article could be charged with the scooter DUI as long as he was on a public road for at least part of his joyride. Our prediction? The drinking and driving charge won't stick as there is scant evidence that the suspect was ever on a public road as well as the fact that jury members in most Florida counties often do not like to convict their fellow citizens for non automobile drinking and driving cases!

Continue reading "Drunk Tampa man arrested for riding shopping cart at Walmart" »

An old article from the Tampa Bay Times which discussed how Pinellas county practices heightened BUI enforcement on major holidays. With spring and summer fast approaching and boating season coming soon, now is the time to learn more about "drunken boating" throughout this county.

BUI, or Boating Under the Influence, is a serious problem, especially here in Florida, which has more registered boats than any other state in the union. It is common knowledge that driving a car with an open container of alcohol is illegal. However, on a boat it is not illegal to have open cans of alcohol. In fact, if you are driving the boat, you are allowed to be drinking alcohol...yet you are NOT allowed to be "drunk" or over the legal limit of a .08 BAC.

Captain Tom Shipp of the Florida Fish and Wildlife Conservation Commission concurs,
"A lot of people don't think twice about it, but whether you are in a boat or a car, the impairment is still the same."

To combat the dangers of drinking and boating in Pinellas county, local law enforcement increases their man power on major boating holidays such as labor day, memorial day and the big one, July 4th. "We see an increase nationally during the summer months and statistically, alcohol-related arrests and accidents peak on the Fourth of July." said John Fetterman, who works for the National Association of Boating Law Administrators.

Why the crackdown? Law enforcement studies have determined that illegal drugs or alcohol was a factor in over 25% of fatal boating accidents. In addition, drinking in or on the water affects your body differently then drinking on dry land. The experts in the article gave a multitude of examples, which include:

- Alcohol may cause an inner ear disturbance, making it more difficult to determine which way is up. This is a problem for people suddenly thrown overboard.

- Studies have shown that being impaired while boating may be more dangerous then drinking and driving a car. This is because most people are not as experienced boating as driving and may get confused.

- Motor vibrations from the boat engine and wave action are already distracting. Adding alcohol to the mix intensifies these distractions.

WHAT YOU NEED TO KNOW ABOUT YOUR PINELLAS BUI

While BUIs and driving while impaired have a lot in common, there are a few differences that may affect a possible legal defense. One difference deals with officer contact.

For an officer to pull you over on suspicion of drunk driving while in a car, he needs "probable cause". He needs to observe you breaking a traffic law (such as speeding) or driving in a way where the officer suspects you may be sick, injured or impaired. On the water, however, law enforcement can board you anytime to make a safety check of your vessel! This means that even if the captain is driving the boat perfectly, he must stop and allow himself to be boarded anytime per law enforcement request. Obviously this means that the only guarantee against picking up a Pinellas BUI charge is not drinking to the point of impairment.

Another big difference between driving drunk and boating has to do with the "field sobriety tests". The Coast Guard has developed a series of tests that are different from the standard DUI ones such as the "walk and turn" or "one leg test". According to the Coast Guard, these new impairment tests can all be performed when seated and apply a "percentage of probability" as to if the boater is impaired or not.

Finally, another main difference is in the punishments. Both DUI and BUI have similar fines, probation periods, community service and threat of jail time (up to six months in the pinellas county jail for a first offense under .15 BAC). Punishment for driving a car under the influence will include a DUI school driving course. For those convicted of "Boating under the Influence" you will be required to take the Coast Guard Boater Safety course as well as pay an extra fine of $151 (in addition to regular court costs) to the Brain and Spinal cord fund.

In conclusion, when it comes to Pinellas BUIs, knowledge is power. Knowing that you can be boarded anytime, be aware of how much you are drinking. If you have had a few drinks and are not sure if you can pass the field sobriety tests then have a sober friend drive call a tow!

Continue reading "Pinellas drunken boating? What you need to know..." »

An interesting story from the New York Times, an up-and-coming trooper is accused of falsifying DUI cases to make a better name for herself...

A corporal in the Utah Highway Patrol, Lisa Steed was considered a budding star. Tough, yet kind, she racked up an impressive number of Driving under the influence" arrests and was named "Trooper of the year" in 2007. Her future seemed bright with numerous promotions heading her way.

This all changed late last fall when the trooper was fired with no warning. Her office would not give a reason why but a pending lawsuit gives a few clues. This lawsuit is claiming that she pulled over dozens of people, making numerous Drunk-driving arrests throughout her 10 year career.

The problem? According to the lawsuit, many of the drivers the trooper had pulled over were not drinking or taking controlled substances. or at least not the amounts needed to be considered impaired! This is according to the lawsuit, brought on behalf of the Plaintiffs by their former criminal defense lawyers.

According to one of the criminal law attorneys, some of the clients did not even drink alcohol. Despite passing field sobriety exercises, the trooper would claim they were impaired and still arrest them.

"We were all separately getting calls about Lisa Steed from people saying: 'I was pulled over. I wasn't doing anything wrong. She told me I smelled like alcohol, but I hadn't been drinking,' " the lawyer said.

According to the lawsuit, over 40 people are claiming that they were faslely arrested by the Highway patrolman. This was done to impress her superiors and further her career.

According to the lawsuit, in all the cases, the charges were dropped or reduced to careless driving, but not before the defendants had to post bail, or pay court fess in the thousands of dollars.

For her part, the trooper is firing back. She has appealed her firing and through her attorney, is claiming that the vast majority of her cases have been upheld.

It appears to be more complicated then that. The State Attorney in her area has announced that he would not pursue any driving charges where she was the arresting officer.

More evidence has piuled up against Ms. Steed. A 2010 police memo found that 20 marijuana based driving cases where the trooper made an arrest showed later that no drugs were ever found in any of the defendant's systems. The memo goes on to state that Ms. Steed would report that the drivers showed visual signs of impairment, and the memo mentioned concerns that defense lawyers would begin questioning her credibility.

Another 2011 case highlighted in the lawsuit shows more trooper credibility problems. A man was pulled over in layton for swerving. The man had told the officer he had not been drinking and he passed all field sobriety exercises. Yet he was still arrested. He was booked in jail and passed a blood alcohol test. All charges were eventually dropped.

In another case, Ms. Steed pulled over a lady for speeding. The woman, despite not drinking, was accused of DUI and arrested. Like the others, her charges were all dropped.

According to the lawyer in the lawsuit, he suspects that there were literally 100s of bad arrests.

Continue reading "Lawsuit claims police faked DUI cases..." »

Working on a theme from an earlier post, there is another DUI checkpoint coming up this weekend, 12/14-12/15, just in time for the holiday season. The full article can be found here...

While there is never a good time to be drunk driving, doing so in Pinellas county this weekend just got a bit more dangerous. Local law enforcement agencies are teaming up to enforce a huge DUI/safety check on ALL southbound traffic on 34th street North (U.S. 19). This checkpoint will be enforced this Friday from 10:30 p.m. until 4:00a.m. Saturday morning.

Agencies participating in the check point include the Saint Petersburg police department, Florida Highway Patrol, the Pinellas county sheriff's office, Belleair police, Gulfport, and the Kenneth city police department among others. This operation will take place at 1700 34th Street North (Publix parking lot).

We present this information as a public service message and as a warning about possible traffic delays. We will do a followup report detailing any arrests that took place as a result of this operation.

As Pinellas DUI attorneys, we have been asked about the legalities of these checkpoints. As previously mentioned, these are legal as long as there is a set "pattern" of what cars get pulled over. For instance, picking every fourth or 10th car is legal, but pulling over every female or Asian driver is not. In this case, it appears that this may be the largest checkpoint in modern Pinellas history. EVERY car will be pulled over for almost a six hour period.

In conclusion, be aware and be a defensive driver! While drinking and driving or driving while high is always a public danger, the amount of "under the influence" arrests increases substantially around the holiday season. If you or a loved one plan on being out tonight stay vigilant and stay off US 19...

Continue reading "DUI Checkpoint on U.S. 19 in Pinellas this weekend..." »

Last March, days after the coroner revealed the cause of death for his ex-wife Whitney Houston (accidental drowning and cocaine use), Bobby Brown was arrested for a DUI. Now, per the Los Angeles Times, the R&B singer must check himself into rehab for a minimum stay of 90 days as part of his plea agreement.

Bobby Brown's spokesman, Christopher Brown, told CNN: "Mr. Brown takes his agreement very seriously and admitted himself three weeks after concluding his honeymoon in Mexico during a break from the New Edition tour,".

Once out of rehab, Bobby Brown will have three years of probation as well as fines and a time served jail sentence (one day). Mr. Brown was charged with Driving Under the Influence on March 26 after being pulled over for talking on his cell phone and then failing a field sobriety test.
As St. Petersburg DUI attorneys, we have run into a similar problem as Bobby Brown's criminal defense lawyer did. In Florida, there is MANDATORY jail for many DUIs! For instance, if you receive a 2nd DUI within five years of a first conviction, you are facing a mandatory minimum of 10 days in a county jail. If it is your third conviction in 10 years, you are looking at 30 days minimum. At Blake & Dorsten, P.A. we have found numerous rehab and DUI programs throughout Pinellas and Hillsborough counties where the judges substitute said programs in lieu of jail! This had made an untold number of clients happy. They avoid jail while getting treatment for themselves. If you or a loved one has any questions about treatment programs or rehab in this area contact our firm today for a free consultation.

Continue reading "Bobby Brown to enter rehab as part of his DUI plea" »

Another year, another rash of arrests for the Tampa Bay Bucs. According to an article in today's Tampa Bay Times, free agent Eric Wright was arrested in California on suspicion of DUI.

We have previously blogged often about the troubles and arrests of the Buccaneer's players and their apparent goal of giving the Cincinnati Bengals and Oakland Raiders a run for the title of most arrests per NFL franchise. It is still disappointing to see that the team has yet to learn from their past.

According to police reports, Eric Wright, who recently signed a 37 million dollar contract with the team, was arrested on suspicion on felony DUI (with serious bodily injury) after an accident in downtown Los Angeles.

Accordin to the LAPD, officers responded to an auto accident after midnight. They determined that Eric Wright's Mercedes XLS sports coupe had rear-ended a Chevy Silverado. The football player admitted to both driving the vehicle and drinking at a friends house earlier. He refused the breathalyzer (it is not known if this is his second refusal and therefore a criminal charge). He was charged with a felony DUI because the other driver had an injury.

Eric Wright posted $100,000 in bail and was released soon after. His scheduled court appearance is a mere three days before the Buccaneer's have their training camp!

Unfortunately, this is not the first time that Eric Wright has faced legal problems. While a student at the University of Southern California in 2005, he was accused of sexual assault. While there was noever enough evidence to charge him, that assault investigation led to the police discovering him in possession of 136 Ecstasy pills.

At the time of this entry, it was not known if Eric Wright had hired a DUI lawyer or if he was being sued by an auto accident attorney. Based on Eric Wright's new 37 million dollar contract, we believe that it is only a matter of time before a lawsuit is filed against him.

Continue reading "Tampa Bay Buccaneer arrested for a suspected DUI" »

From the Tampa Bay times website, a quick article that talks about how a woman got help and not jail for her third DUI in as many weeks...

The 18 year old woman was picked up for "driving under the influence" three times in 18 days! Kim McCarthy told the police she didn't realize smoking marijuana and driving was against the law. The judge took mercy on Ms. McCarthy and allowed her to enter into a residential treatment program followed by community control and probation.

This appears to be a big break for the woman as she was facing multiple felonies and misdemeanors. At one point she was denied bail as the judge felt she could not control her addictions.

Ms. McCarthy received her learners permit in November, 2011. That means she was not supposed to drive without a licensed adult in the vehicle with her. She chose not to follow that rule. In February of this year, she was pulled over and found with multiple zanax pills, marijuana, and an open bottle of rum. This led to a possession of controlled substance charge and her first DUI.

A few days later, she received a letter from the Department of Motor Vehicles saying her drivers license was suspended. Ms. McCarthy chose to continue driving and in March was arrested for her second DUI and possession of marijuana.

She bonded out and the next day was back driving. She rear-ended a parked car. The victims thought she looked drunk and the police agreed with them. Kimberly was now charged with a felony DUI. During her arrest, the police also found marijuana, and pipes in her van.

While it sounds like the suspect got off easy, she still has to do jail time. The judge ordered Ms. McCarthy to remain in jail until bedspace became available at her drug treatment location. She must sucessfully complete treatment and that is followed by three years probation/community control, two of those years spent on an ankle monitor.

Continue reading "Tampa woman with three DUIs in three week avoids jail" »

As St. Petersburg DUI lawyers, we often get asked to explain what goes on if you or a loved one gets arrested for Driving Under the Influence (DUI) in Florida. Florida DUI law is a mixture of both criminal and civil actions, starting with your DMV hearing. As a courtesy to our clients and to anyone who receives a DUI in Florida, we have composed a list of tips. These tips are bits of information that may help you find the right criminal defense attorney for you!

1. On the Civil portion of your DUI case, please know that the DUI citation that you received, upon your arrest, also acts as a temporary driver's permit for 10 days from the date of the citation. You should carry it with you when you drive. Unless an Application for Formal Review of Driver License Suspension is filed within 10 days of your arrest, at the end of this 10-day period, you will suffer a "hard suspension" of your driver's license and will be unable to drive for any reason for a period of 30 days (if you performed the breathalyzer) or 90 days (if you refused the breathalyzer). At the end of this period of time, you may be eligible to apply for a hardship license which will allow you to drive for business, educational, medical and church purposes. This license can be obtained at your local DMV office. A list of phone numbers and address of your local DMV office can be obtained at www.florida.dmv.org. Please note in order to be eligible for a hardship license, you must have completed or be enrolled in DUI School prior to applying for your said license. You must take your original DUI school completion certificate and a 30-day traffic search (this must be obtained from traffic court) to the DMV office at the time you apply. Please do not attempt to drive to the DMV office. Instead, have someone take you there.

2. If you have retained a DUI defense lawyer to represent you on your DUI charge within 10 days of receiving your citation, they should request a "formal review hearing" before a hearing officer of the Department of Motor Vehicles. In most cases, it is not necessary for the client to attend the formal review hearing. This hearing will take place approximately 30 days after your arrest. You will receive a temporary driving permit, which becomes effective upon expiration of the 10-day permit issued at the time of your arrest, which will allow you to continue to drive until 12 days after the day of the formal review hearing. This temporary permit is restricted (like a hardship license). You may only drive for business, educational, medical, or church/religious purposes. At the formal review hearing, the following items will be considered:

a. Whether the arresting law enforcement officer had probable cause to believe that you were driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or controlled substances;
b. Whether you were lawfully arrested and charged with a violation of section 316.193, Florida Statutes;
c. Whether you had an unlawful alcohol level of .08 or higher; and
d. Whether you refused to submit to a blood, breath or urine test after being asked to take the test by a law enforcement or correctional officer.

3. If your attorney is successful in convincing the hearing officer to invalidate the suspension, your license will be reinstated and you will be able to obtain a duplicate driver's license at no charge.

If your DUI attorney is unsuccessful, you will suffer a "hard suspension" of your license as outlined in number 1 above and it will be effective upon the expiration of your temporary driving permit.

The outcome of the formal review hearing has no bearing on your DUI case which will take place in criminal court. Make sure to ask your defense lawyer if he or she plans on attending and participating in this administrative review hearing!

4. On the Criminal side of your DUI case, your criminal defense attorney should file with the court having jurisdiction over your case the following documents: a Notice of Appearance, a Written Plea of Not Guilty, a Demand for Discovery, and if necessary a Demand for a Jury Trial. Your case will be set for an Arraignment; however, by the virtue of your lawyer having filed the above-mentioned pleadings, it will not be necessary for anyone to be present at the arraignment. Your case will then be set for a pre-trial hearing approximately 30 days after the arraignment date. Unless you are told otherwise, you must appear in person at all pre-trial hearings. Your failure to appear will result in a warrant being issued for your arrest. You will receive a notice of the pre-trial hearing in the mail from the Clerk of Court. When you appear in court, you should wear the type of clothing you would wear if you were going to church. Remember: the Judge has the ability and power to sentence you to JAIL on your DUI.

5. If a videotape of your field sobriety exercises exists, your attorney should obtain a copy of the videotape and will notify you when it arrives so that you can schedule a time to come to his or her office to review it.

6. Your DUI lawyer should also contact you when the discovery (police reports, witness statements, DUI packet, etc.) is received from the State Attorney's Office and you will need to schedule an appointment to review it with him or her.

7. There are many things the Court may require of you. These things will vary depending on the facts of your case and whether or not you submitted to, or refused, the breathalyzer and the number of prior DUI convictions you already have. These things may include: completion of DUI School or Multiple Offender DUI School, performing community service hours, attending a Victim Impact Panel, Fines and Court Costs, and Impoundment of your vehicle.

8. You should register for DUI School as soon as possible. The course is offered through the Suncoast Safety Council. There information can be found at www.safety.org.

9. If you are convicted of a DUI, any license you hold will be surrendered and you will suffer a revocation of your license for a period of time depending upon whether or not you submitted to, or refused, the breathalyzer and the number of prior DUI convictions that you have. You may be eligible to obtain a hardship license which will allow you restricted driving during the revocation period (see number 1 above).

10. If you are ultimately convicted of a DUI in Florida, the Court may order that your vehicle be impounded for at least ten (10) days. (This impoundment means that your vehicle may not be driven by anyone during that period of time. It will not be removed from your property). A law enforcement officer should contact you to provide you with advance notice of the date the impound period begins and he/she will come to your residence to make note of the odometer reading. Additionally, many counties in our state now allow private companies to "impound" your vehicle (usually by putting an anti-theft device on your steering wheel). This is usually done for a low cost and can be convenient, as you get to decide what days you choose to impound your vehicle.

11. If you received any additional traffic tickets at the time you were stopped for DUI (i.e., speeding, careless driving, seat belt violation, etc.), make sure your chosen attorney also be handles those charges for you. Do not pay any of the fines which are due for these tickets unless and until your lawyer (or the Court) direct you to do so.

12. Finally, let your Florida criminal defense lawyer know if you receive anything from the Court. Be sure to advise them immediately of any changes in your address or phone number. Prior to any pre-trial hearing, make sure to let them know your status as far as completion of DUI School, alcohol counseling sessions, etc.

Continue reading "What you need to know about your Florida DUI" »

A story that is so scary its funny... According to an article on the website guyism, we may have a new BAC record...

The man, James Henderson, was first arrested for public intoxication when he was found passed out in a ditch. His Blood-alcohol level was an astonishing 0.552%! This is amazing as it is generally thought that death can occur when the BAC gets in the high 0.200s or 0.3. You generally fall into a coma if your BAC reaches around .400. What makes the story more interesting is that not only did this man make a full recovery but he was again arrested on a disorderly intoxication charge. That time he had a .297!

As a St. Petersburg DUI defense lawyer, I have often been asked to explain BAC and what the limits are in Florida to be convicted of a DUI. BAC (Blood-alcohol content or sometimes breath-alcohol content) is basically measured as a percentage of alcohol in a person's blood.

Generally, in Florida a .08 BAC is considered impaired. This means that 1/8 of one percent of a person's blood is alcohol, by volume. A BAC of .15 or greater is enough to give you enhanced DUI penalties. These penalties generally consist of enhanced fines, more jail time, and a breathalyzer machine being installed in your vehicle. You might be surprised but a .08 BAC often does not equal much alcohol. A slender woman may only need 1-2 glasses of wine before she reaches that limit!

Finally, just as you can be found not guilty with a BAC of .08 or higher, you CAN be convicted of a DUI or Driving under the influence, even if your BAC is below that standard. How a DUI suspect acts, looks, performs certain tests (field sobriety exercises, a subject for another blog) and dozens of other factors along with a potential BAC goes into determing if someone was driving under the influence...

Continue reading "A new Blood-alcohol content (BAC) record?" »

A DUI checkpoint put in place on Friday night nabbed almost two dozen arrests in Clearwater, per the Pinellas County Sheriff's Office. Per the Tampa Bay Times website, 385 cars were diverted along U.S. 19 at the checkpoint. Ironically, out of the almost two dozen arrests, only one was for DUI , the other arrests were ranging from traffic citations to drug possession.

As a criminal defense attorney, I often get asked questions about the law and specific situations. One series of questions that always seems to come up include checkpoints and their legality. The two main questions I get are as follows:"Are checkpoints legal" and "Can I only get busted for a DUI"?

As to the first question, "Are checkpoints legal"?, the answer is a resounding "maybe"! The Supreme Court has ruled that checkpoints ARE constitutional if they follow certain rules. Most importantely, the cars in a checkpoint cannot be picked to be inspected at random. There needs to be a system in place to ensure that the vehicles at a checkpoint are pulled over in a process. For example, the police can pull over every 3rd car or every 17th vehicle at the checkpoint. The police can also pull over a car if the driver or driving pattern looks suspicious (for example, if a car is weaving at the checkpoint, the vehicle can be pulled over). The police CANNOT pull over a vehicle because of the driver's race, sex or physical appearance.

The second common question I receive, "Can the police at a checkpoint only arrest you for a DUI if you get arrested at a checkpoint" is much easier to answer. That is a resounding "NO"! If the police follow proper protocol in forming a DUI checkpoint, then any other contraband the police find can be used against you. The Clearwater DUI checkpoint in the story above demonstrates that. Out of the nearly two dozen arrests, all but one was for other criminal acts. The police also made arrests for illegal drugs, traffic violations and outstanding warrants.

Continue reading "DUI Checkpoint in Clearwater, Florida Results in Dozens of Arrests." »

An interesting story in last week's USA Today poses an interesting an important question to consider this Holiday Season:

Should all states ban cell phone use while driving?

According to the USA Today article, state governments should prohibit all drivers from using portable electronic devices such as cellphones while behind the wheel, the National Transportation Safety Board (NTSB) unanimously recommended Tuesday.

The recommendation from the Safety Board followed a hearing on a Missouri highway crash on Aug. 5, 2010, which killed two (2) people and injured thirty eight (38). The chain-reaction crash of four (4) vehicles included two (2) school buses.

The Board ruled that the initial collision was caused by a pickup driver, Daniel Schatz, 19, who was one of the fatalities, sending eleven (11) text messages in the eleven (11) minutes before the crash. His pickup rammed the back of a tractor-trailer that had slowed for construction on Interstate 44 near Gray Summit.

Schatz's truck was then rear-ended by a school bus, which was rear-ended by another school bus. The buses, which investigators found had brake problems, carried members of the John F. Hodge High School band. A student, Jessica Brinker, 15, who sat in the last row of the first bus, died in the crash.

"Two lives lost in the blink of an eye," said Deborah Hersman, the board chairman. "No call, no text, no update is worth a life."

An estimated 3,092 traffic fatalities in 2010 were blamed on "distracted drivers," according to the National Highway Traffic Safety Administration (NHTSA). More than one (1) in six (6) drivers send text messages while driving, and nearly half of drivers less than 25 years old are doing it, according to a NHTSA survey released last week. And yes, the author of the Tampa Bay Criminal Defense Lawyer Blog is guilty of this (as well).

"This is becoming the new DUI," said Robert Sumwalt, a member of the Safety board. "It's becoming an epidemic."

The District of Columbia and thirty five (35) states ban text messaging for all drivers, according to the Governors Highway Safety Association. No state bans all cellphone use for drivers, but nine (9) states and D.C. ban drivers from using handheld cellphones while driving.

Association spokesman Jonathan Adkins said the group supports a texting ban and found in a July report that cell-phone use increases the risk of a crash.

He said he expects the safety-board's recommendation to spur debate, as his group calls for more research on whether banning hands-free use of cell phones makes driving safer.

"This could be a game-changer," Adkins said.

Missouri has a state law prohibiting drivers under 21 years old like the pickup driver from sending texts while driving. But state police issued only 120 tickets for the offense during a two-year period, Sumwalt said.

The Board's federal recommendation for private vehicles would greatly expand previous calls to prohibit cellphone use among commercial drivers.

In September 2010, the Federal Motor Carrier Safety Administration banned commercial drivers from text messaging while operating trucks and buses. The rule applies to about 4 million drivers.

The agency just adopted a prohibition Nov. 23 against commercial drivers using hand-held cellphones while behind the wheel. Violations carry a $2,750 fine. Ouch!!

I'd love to hear what you think about this issue?

South Florida rapper Flo Rida has entered into a deal in his DUI arrest on Miami Beach in June that will net him no jail time.

According to Flo Rida's attorney Daniel Lurvey, the rapper was allowed to enroll in the "Back On Track" program for first-time offenders. The program requires participants to perform community service and take classes. Flo Rida will also have to pay fees and court costs.

If completed, Flo Rida, whose real name is Tramar Dillard, will have his DUI charge amended to Reckless Driving with a "withhold of adjudication." He will have no points on his license and could be eligible to have his arrest and criminal records Sealed.

Dillard was charged with DUI and Driving with a Suspended License June 9 while in his 2008 Bugatti on the 500 block of Washington Avenue.

While Dillard was being given a sobriety test, a crowd gathered, some asking that the police let Dillard go, others offering to give him a ride home.

As reported by BayNews9, Polk County Sheriff Grady Judd is at it again.

In another "cost-cutting" measure, the Polk County Jail will no longer provide free underwear to its inmates.

Normally, when an inmate is booked in the jail, they are given an orange shirt, orange pants and underwear.

In order to save money, Polk County Sheriff Grady Judd has proposed making males inmates pay if they want their "tighty whities."

The cost-saving measure was part of the sheriff's 2011-2012 budget he presented to county commissioners Thursday afternoon. Judd said it will save the county $45,000.

Although women behind bars will still be provided underwear, the men will have to pay.

"For those who don't want to pay, they can let the breeze blow up one leg and out the other," Judd said (in classic Grady Judd fashion).

The idea drew smiles from several county commissioners and laughter from the crowd.

"You and I buy it at the store. So, if they want it, they can buy it," he said. Judd said they are also cutting eleven (11) positions, including six (6) supervisors.

Judd says while his department is doing more with less, his highest priority remains keeping the people of Polk County safe.

Judd said the new policy will not cause the quality of service from the department to go down.

"None of these cuts will keep us from answering the call," Judd said.

FYI -- As for the underwear, it's about $2.50 for briefs and $4.50 for boxers. The choice is up to the inmates.

"We give our inmates choices at our jail," he said.

The new underwear rule will breeze into effect Aug. 1st.

Continue reading "POLK COUNTY: No More Free Underwear for Male Inmates" »

After a few nights of regrets and "I wish I hadn't sent that" thoughts, Samantha Deeter came up with the ultimate idea for an iPhone application: Textalyzer.

According to a recent online story at NWFDailyNews.com, Deeter created this new iPhone application to prevent her from sending drunk text messages (that she later regrets the next day).

"This is to prevent people from doing the ultimate no-no," said Deeter, a Destin resident.

"I was briefly single and would run around from time to time bar hopping after work and would always tell people, 'I wish there was a Breathalyzer for phones.' That's when I got the idea."

Deeter said she emailed a company that develops apps and an hour later was on the phone making the idea a reality. She said the company liked the idea so much they decided to partner with her.

Textalyzer starts by having the user make a "forbidden list," which consists of phone contacts that are the likely targets of drunken texts. If a contact on the list is selected, the user has to go through a series of games to send a text.

If the user does not pass the four (4) games, the text doesn't get sent. Twelve (12) hours later, the user will be asked if they still wish to send the message.

The user can also leave reminders about why texting certain individuals is a bad idea.

The application went on sale Monday on iTunes. Deeter said if the 99-cent application does well with iPhone users, she will develop a program for the Droid.

"It was crazy when the app was complete, seeing all my ideas," Deeter said. "So far, I haven't gotten any negative feedback. People seem to like the app."

For more information, go to www.textalyzerapp.com, or go to Facebook.com or Twitter.com to learn more.

"If you're single, drink and have an ex, (then) you need this app," Deeter said.

Continue reading "DESTIN: Textalyzer App Created to Cut Down on Drunk, Late-Night, Texting" »