Tampa Bay Criminal Defense Lawyer Blog

From the Tampa Bay Times, a local man was sentenced to nine years in prison for his role in an aggravated fleeing and eluding case.

The 22-year-old man pled guilty to multiple charges including grand theft of a motor cehicle, DUI with property damage, fleeing and eluding and child abuse in front of Pinellas circuit court Judge Keith Myers. In addition, the defendant's driver's license was also revoked for life.

The chase, which lasted 14 minutes, occurred all through St. Petersburg back on July 9, 2012. The defendant was spotted by members of the Gulfport police department in a stolen SUV and began to chase him to 38th avenue North before looping back south.

The chase ended when the suspect hit a PSTA bus and then crashed into a house. The defendant's two-year-old son was in the backseat and another passenger was severely injured. This particular case was credited for the reason that the Gulfport police department revamped their chase policies.

Among his many charges, the defendant was charged with child neglect/child abuse even though the child was not beaten or harmed. In Florida (and in Pinellas in particular), a parent driving under the influence of alcohol can be charged with child abuse or neglect as the theory is this puts the child in harm. Every county handles these cases differently. Some state attorney offices will not press forward, while other counties will punish the defendant's severely for that particular charge.

Continue reading "Clearwater man gets prison for his role in police chase" »

Lately, the Clearwater and St. Petersburg Defense Lawyers at Blake & Dorsten, P.A. have been getting several calls regarding potential clients facing a Habitual Traffic Offender Suspension Notice. And no wonder, according to the Department of Motor Vehicles, approximately 23,000 drivers throughout the State of Florida each year from 2006 have had their drivers license revoked as a Habitual Traffic Offender.

In today's society it is difficult if not impossible for citizens to conduct their ordinary course of business without access to an automobile. Let's face it; the public transportation in the Tampa Bay area is virtually non-existent. It is more important now, more than ever, to fight these Habitual Traffic Offender Notices! If you receive this notice your drivers license will be suspended for 5 years.

To add injury to insult, you will not be eligible for a hardship or Business Purpose Only License for one year. This means no driving for any reason for a full calendar year. It gets worse. If you get caught driving, you could be facing a third degree FELONY Driving While License Suspended or Revoked charge punishable up to 5 years in prison! The lawyers at Blake & Dorsten, P.A. have several strategies to attack your driving record.

Florida Statute Section 322 gives the DHSMV authority to declare an individual a Habitual Traffic Offender. Under Florida Section 322.27, The Florida Legislator adopted the laws under with the Department of Highway Safety and Motor Vehicles can suspended or revoke a Florida Driver's License: It states:

The Florida DHSMV shall revoke a driver's license of any person designated a habitual traffic offender, as set forth in section 322.264, and such driver shall not be eligible to be relicensed for a minimum of five (5) years from the date or revocation, except as provided for in Section 322.271. Any person whose Florida driver's license is revoked may, by petition to the Florida DHSMV, show cause why the driver's license should not be revoked.

Section 322.24 - Using Out of State Offenses to Suspend Florida Driver's License
The Florida DHSMV is authorized to suspend or revoke the driver's license of any Florida residence, upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in Florida, would be grounds for the suspension or revocation of the driver's license.

Florida Habitual Traffic Offender Law - Section 322.264
The felony offense of driving after being designated a Habitual Traffic Offender, Section 322.34(5), Florida Statutes (2003), provides that "[a]ny person whose driver's license has been revoked pursuant to s. 322.264 (habitual traffic offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree . . . ."; A "habitual traffic offender" is defined in section 322.264, Florida Statutes, as "any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period."
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assigned as set forth in section 322.27, including those offenses in subsection (1).

How can we help?
Prevention! (Avoid Conviction and Points)
The best way to avoid being a habitual traffic offender and keep your drivers license, is to avoid points and convictions. If you have received a traffic ticket, call us immediately. The Traffic Ticket Lawyers at Blake & Dorsten, P.A. can fight your ticket, possibly getting your ticket dismissed and avoiding convictions. If you accumulate 15 convictions during five year period (5), you may receive a letter from the DHSMV suspending you drivers license for 5 years. Fight your tickets as they happen, don't wait until it is too late!

If you receive notice that your drivers license is suspended, correct the problem immediately! Call the lawyer at Blake & Dorsten, P.A. to discuss a strategy to re-instate your drivers license. Three (3) convictions for DWLSR or Driving While License is Suspended or Revoked within a five year period will cause you to be a Habitual Traffic Offender. Don't wait! Re-instate your driver's license immediately.

Requesting an Administrative Review.

If you receive and HTO notice from the Florida DHSMV and you believe it is in error, you can apply for an administrative hearing to review your driving record. However, you must not delay, you have only thirty business days (30) from the date of the order to request a drivers' license review. Often times, if you feel there is an error on your record, we can petition the court to send written certification of your conviction to the DHSMV for a review under Florida Statute Section 120.057(2) to correct your record. This is often the quickest and most effective strategy to correct your record. If you still do not have relief, we can file a "writ of certiorari" an appeal the decision from the administrative review hearing.

Advance Driver Improvement (ADI)
Florida law allows you to get a hardship license to drive to and from work or any reason to carry on your ordinary course of business. Often times, you must enroll and show proof of a 12 hour traffic school course called Advance Driver Improvement or ADI to be eligible for your hardship license. If you have been declared a Habitual Traffic Offender, you may be eligible for your hardship license after one year.

Conclusion
If you have received a traffic ticket or any criminal driving offense, contact the Criminal Defense Lawyers at Blake & Dorsten P.A immediately to review your case. Keep in mind, that quickly pleading to a criminal offense at arraignment can have long lasting, devastating effects upon your driving history. Remember, it only takes three conviction of DWLSR or DUI in a 5 year period to be a Habitual Traffic Offender. If you receive a notice from Florida DHSMV regarding a HTO suspension, obtain a copy of your Florida Drivers Record and contact us immediately. There are several strategies we can employ to possibly get your drivers license re-instated. Often times we can save you thousands of dollars of increased insurance costs associated with a HTO suspension.

Continue reading "Habitual Traffic Offender? Call us immediately!" »

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" »

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.

Starting September 15, 2011, St. Petersburg drivers at certain stop lights will be able to wave at stop light cameras while red-light runners will get their pictures taken and a warning in the mail.

Certain intersections in Pinellas county are getting cameras attached to the signals. Red Light Cameras, as they are called, will capture still images and video of red-light running drivers and their plates. These cameras are currently being used at many lights already in the Tampa Bay area.

Now the City of St. Petersburg is installing even more. The City's transportation officials have launched a new public safety program called "Stop on Red." Currently the city is posting warning signs alerting drivers that the red-light safety cameras will be installed at the signals.

Police say studies show that drivers tend to change their red light running habits with cameras watching them. Law enforcement like to think of the red light cameras as a form of behavior modification. Opponents say the cameras and the fines they generate, are a huge moneymaker for law enforcement agencies and doubt that they will stop fatalities.

Installation of the Red Light Cameras and warning signs has been finalized at these St. Petersburg intersections:

*** 4th Street and Gandy Boulevard ***
*** 4th Street and 54th Avenue North ***
*** 4th Street and 22nd Avenue North ***
*** 6th Street and 5th Avenue North ***
*** 34th Street and 38th Avenue North ***
*** 34th Street and 1st Avenue North ***
*** 34th Street and 1st Avenue South ***
*** 34th Street and 22nd Avenue South ***
*** 66th Street and 38th Avenue North ***
*** 66th Street and Tyrone Boulevard ***

These intersections were chosen after a crash study identified these locations as high -risk for accidents. Over the past three (3) years the city has had twenty one (21) fatal crashes at stop lights, with 13 deaths related to red-light runners.

Starting September 15, 2011, drivers caught on tape running these signals will receive a mailed "warning," sent to the registered owner of the car. Then thirty (30) days later on October 15, 2011, Traffic Citations by mail will be issued if someone runs these lights. Running a red-light could set you back $158.00, and can increase to $264.00 or higher if paid late.

There are at least thirty (30) Red Light Cameras mounted in Tampa Bay including, over twenty (20) in Hillsborough County.

Previously approved Red Light Cameras in South Pasadena are now at the following locations:

*** Northbound Pasadena Avenue South @ Sailboat Key Boulevard South ***
*** Northbound Pasadena Avenue South @ Shore Drive South ***
*** Northbound Pasadena Avenue South @ Park Street South ***
*** Southbound Pasadena Avenue South. @ Gulfport Boulevard South ***
*** Southbound Pasadena Avenue South @ Shore Drive South ***

Continue reading "ST. PETERSBURG: More Red Light Cameras On the Way" »

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" »

Flavor Flav -- real name William Jonathan Drayton Jr. -- was arrested in Las Vegas last Friday after a routine traffic stop resulted in police officers finding four (4) warrants out for his arrest. The rapper took to Twitter on Monday to tell his side of the story.

Drayton was pulled over by police at 10:57 p.m. Friday for a routine Traffic Violation east of the Las Vegas Strip. When an officer ran his name through the system, the warrants came up; he was arrested and taken to jail, where he was booked, got his mug shot taken and was eventually released, TMZ reported.

The 52-year-old Public Enemy alum's four (4) separate misdemeanor traffic warrants include driving without proof of insurance, a parking violation and two (2) cases of driving without a license.

It was unclear when the warrants were issued, the Las Vegas Sun reported. But in 2002, Drayton served nine (9) weeks at Rikers Island Jail in New York for various auto-related violations including Driving with a Suspended License (DWLSR), numerous parking tickets and being late for meetings with his probation officer.

The VH1 reality television star known for wearing quirky sunglasses and a clock around his neck aired his version of events online Monday, tweeting that he was on his way home from Benihana's when he was pulled over.

"[H]e found out I had a traffic warrant wanted to make a name for himself took me in and now I'm home laying my bed what's the big deal?!" he added.

Hey, when rapper-actor Ice-T tweeted about a "rookie cop" arresting him after a traffic stop he disagreed with in New York, charges eventually were dropped.

Drayton dropped out of school in 11th grade and did time in jail for Robbery and Burglary. He dealt with drug addiction in the 1990's and in 1991 spent thirty (30) days in jail after pleading guilty to assaulting then-girlfriend Karen Ross, according to US Magazine.

In 1993, he was charged with Attempted Murder for allegedly shooting at a neighbor.

The Daytona Beach News-Journal published a good story this week about the rise in DUI arrests involving both "legal" prescription drugs as well as over-the-counter drugs.

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 (FHP) 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 (emphasis added).

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 [actual physical] control of the vehicle" and, per state statute, that "the person's normal faculties are impaired."

The Florida Department of Law Enforcement (FDLE) 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.

Continue reading "DAYTONA BEACH: Legal Drugs Can Still Lead to a DUI" »

Authorities in California say actress Jaime Pressly has been arrested in Santa Monica for investigation of Driving Under the Influence of alcohol.

Lt. Darrell Lowe says the co-star of TV's My Name is Earl was stopped for a Traffic Violation around 11:00 p.m. Wednesday and booked on suspicion of DUI but he's not releasing any details.

The Los Angeles County sheriff's website says the 33-year-old actress-model spent the night in jail and was released Thursday morning after posting $15,000 bail.

According to an online story several days later on The Huffington Post, Jaime Pressly's DUI arrest on January 5th was no close call -- the My Name Is Earl star registered a .22 blood alcohol level, nearly three (3) times the legal limit.

According to BayNews9.com, the St. Petersburg Police Department's (SPPD) "Street Crimes Unit" seized 9.3 pounds of Marijuana from two (2) vehicles Wednesday afternoon.

Police said they conducted two (2) traffic stops; one near 21st Avenue South and 16th Street in St. Petersburg and the other at 7348 U.S. Highway 19 North in Pinellas Park (its unclear why the SPPD was conducting a traffic stop in Pinellas Park).

Officers discovered nine (9) gallon-size zip lock bags in the two (2) vehicles containing about 9.3 pounds of marijuana. Apparently someone in this operation had a heavy hand and stuffed and extra 3/10 of a pound into the gallon-size bags.

Officers also found (and seized) $4,488 in cash (although I'm sure that money was legitimately earned during the suspects' day jobs and will have to be returned to them).

Three (3) men, all from St. Petersburg, were arrested for Possession of Marijuana with Intent to Distribute. They are: Floyd J. Green, 29; Gregory Thomas, 31; and Doniell Massey, 30.

No doubt, one (or more) of their attorneys will claim that the Marijuana was for "personal use."

Thomas also faces charges of Driving with a Suspended License.

The obvious lesson to be learned here: If your license is suspended, do not drive with nine (9) pounds of marijuana in your car.....

Continue reading "ST. PETERSBURG: Street Crimes Unit Seizes Nine (9) Pounds of Marijuana and Cash" »

Now that New Year's Eve is only a couple of days away, the National Highway Traffic Safety Administration (NHTSA) expects this to be one of the deadliest weeks of the year on the roads.

To combat this, law enforcement is considering a new weapon in their fight against drunk driving.

And it's a change that could substantially increase the State's likelihood to obtain a DUI conviction.

"I think it's a great deterrent for people," said Linda Unfried, from Mother's Against Drunk Driving (MADD) in Hillsborough County.

Florida is among several states now holding what are called "No Refusal" DUI Checkpoints.

So, what does this mean for you as you head out to enjoy your Holiday Season?

It means if you refuse to submit to a breath test during a traffic stop, an on-site Judge can issue a search warrant allowing the police to take an involuntary blood sample (by using actual force, if necessary).

According to WTSP.com 10 News, It's already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

"I think you'll see the difference because people will not drink and drive. I truly believe that," she said.

However, not everyone agrees with Unfried about "No Refusal" DUI Checkpoints.

"It's a slippery slope and it's got to stop somewhere," says local DUI defense attorney Kevin Hayslett. He asks "what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?"

The Federal government says Florida has among the highest rates of breathalyzer refusal.

"Now you've got attorneys telling their clients, don't blow, don't blow! Because we know from the results from these machines that they're not operating as the State or the government says they're supposed to operate," said Stephen Daniels, a local DUI consultant and DUI expert witness.

"We don't want to violate people's civil rights. That's the last thing we want to do, but we're here to save lives," Unfried said.

She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.

Continue reading "TAMPA BAY: "No Refusal" DUI Checkpoints are Coming to Take Your Blood" »

As we enter another Holiday Season, the Blake & Dorsten, P.A. would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2010 was another excellent year for the Blake & Dorsten, P.A.. And for that, we have much to be thankful for this Holiday Season.

To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.

To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the Blake & Dorsten, P.A. to provide an experienced and aggressive representation to those that you've sent our way.

And to both our former and present clients, thank you for the trust that you have placed in the Blake & Dorsten, P.A. to protect your rights and to handle your important criminal and/or traffic-related matters.

As many of you know, 2010 presented some different challenges for the Blake & Dorsten, P.A.. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire Blake & Dorsten, P.A. team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.

As always, attorney Nicholas J. Dorsten will be available throughout the Holiday Weekend. In fact, we were very grateful to sign up a new Client today and make a Christmas Eve trip to the Pinellas County Jail.

Continue reading "CLEARWATER: Happy Holidays from the Blake & Dorsten, P.A." »

One after another, people came before the City Council to forcefully denounce red light cameras. They said the devices cause rear-end crashes and are really just a "money grab" by the government. They complained about a "1984 Orwellian police state." They warned, We'll remember this at election time. This was the tone of a story in today's St. Petersburg Times about red light cameras.

An elderly woman from Clearwater Beach blasted the cameras as "highway robbery," prompting a round of applause from the audience.

However, this did not stop the City Council from voting 3-2 Thursday night to bring red light cameras to some of Clearwater's most dangerous intersections.

The three (3) council members who support the red light cameras -- Mayor Frank Hibbard, Vice Mayor John Doran and council member Bill Jonson -- passionately insist that it's not about revenue, but instead it's about driver safety. They view the cameras as a tool for fighting an epidemic of red light running in the area.

Clearwater is the fourth city in Pinellas County to approve the cameras, behind St. Petersburg, Kenneth City and South Pasadena. Oldsmar is expected to approve them Tuesday.

Clearwater's first cameras are to be installed sometime next year. At the mayor's suggestion, they'll start by posting cameras at just a couple of intersections, which are yet to be determined. After six (6) months, the city will study the data from those locations before deciding whether to continue.

Ultimately, city officials have about ten (10) dangerous intersections in mind for the cameras, mostly along Gulf-to-Bay Boulevard.

A 2009 state law allows cities to install cameras at intersections and charges a $158 Fine to the registered owner of any vehicle caught on camera running a red light.

The cameras take a photo of the red light runner's license plate. A traffic officer reviews the image, verifying the infraction. A notice is sent to the vehicle's registered owner. If the owner wasn't behind the wheel at the time of the infraction, that person has thirty (30) days to file an Affidavit declaring as much.

Violators are fined $158 for a Nonmoving Violation, which means no points are taken from their driver's license.

From each ticket on city and county roads, the state Department of Revenue gets $70, the state Department of Health gets $10, the brain and spinal cord injury trust fund gets $3 and the locality gets $75. For tickets on state roads, the state gets $100, the locality $45 and the trust funds $10 and $3, respectively.

For more information on red light cameras in the Tampa Bay area, please check out the hyperlinked video interview that I did for My FOX Tampa Bay last October.

Continue reading "CLEARWATER: Red Light Cameras Are Coming....." »

In breaking news early this morning, Tampa Bay Buccaneers standout rookie wide receiver Mike Williams was arrested and charged with Driving Under the Influence by the Hillsborough County Sheriff's Office (HCSO)

According to an online story by The Tampa Tribune, Hillsborough County Sheriff's Office (HCSO) deputies arrested Williams at U.S. Highway 301 and Causeway Boulevard at 2:48 a.m. He was arrested even though his blood alcohol level was lower than the level at which a motorist is considered too intoxicated to drive.

*** For an interesting tool to determine how much is "too much" to drink, you can check out the following link on the Blake & Dorsten, P.A. website. ***

Williams was driving 57 mph in a 45-mph zone, weaving in and out of lanes, Hillsborough sheriff's spokesman Larry McKinnon said.

When Williams agreed to sobriety tests (otherwise known as "Field Sobriety Exercises") at the traffic stop, deputies saw "signs of impairment," McKinnon said.

However, subsequenty breath tests showed Williams had blood-alcohol levels of 0.065 and 0.061. In Florida, drivers are presumed drunk at 0.08. The blood-alcohol tests were taken at Orient Road Jail.

This author would note that it is a common misbelief that anyone that blows below a .08 will have their DUI charge dismissed or reduced. In fact, Florida law "presumes" that someone who blows above a .08 is "impaired." Florida law also "presumes" that someone that blows below a .05 is not impaired. However, there is no presumption on a breat test result between .05 and .08. Therefore, other facts will be considered such as the result of Williams' pending urine analysis.

"But even before they take the breath test, deputies usually have enough probable cause for a DUI," McKinnon said. "That breath test may come back double zero. People have refused the breath test and still got arrested. It only measures alcohol. It won't register illegal or prescription drugs."

"People think, 'If I blow below a 0.08, hey, I'm scot-free,'" McKinnon said. "But I could take four (4) shots of NyQuil and be below it, too. Any type of chemical substance you ingest that impairs your ability to drive, you can get arrested."

Deputies reported that Williams "smelled of alcohol" and had "glassy eyes" (pretty common indicators of impairment that we see on a daily basis in DUI police reports).

Williams was released from Orient Road Jail at 8:04 a.m. today after posting $500 bail.

"We are in the process of gathering all the facts," Bucs general manager Mark Dominik said. "Mike has been very cooperative."

Although Dominik would not comment further, Williams was expected to travel with the team today to San Francisco and will likely play against the 49ers on Sunday.

Williams was a fourth-round pick out of Syracuse and was named a starter going into the season. He was considered a first-round talent in last April's NFL draft, but his stock slipped as concerns about his character arose.

While at Syracuse, Williams was forced to serve an academic suspension that came amid allegations he cheated on a test. He also received a one-game suspension in 2009 for breaking team rules and later quit the team in November of that year.

Earlier this year, Dominik said he was confident Williams' problems were in the past.

"I wouldn't bring somebody in here if I didn't feel comfortable about it," Dominik said at the time. "I don't think anybody spent more time with this kid than the Buccaneers did, and I think we're going to reap the rewards for it."

This is the second Bucs players to be arrested within the last thirty (30) days.

Tight end Jerramy Stevens was arrested Oct. 23 on charges of Possession of Marijuana with Intent to Sell and Possession of Marijuana, both Felonies, and Possession of Drug Paraphernalia, a misdemeanor. He had thirty-eight (38) grams of marijuana on his possession and was close to the team hotel at the time of his arrest. Stevens was released by the Buccaneers a few days after his arrest.