Tampa Bay Criminal Defense Lawyer Blog

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 SLAVIN LAW FIRM 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 SLAVIN LAW FIRM. 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 SLAVIN LAW FIRM 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 SLAVIN LAW FIRM 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 SLAVIN LAW FIRM. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire SLAVIN LAW FIRM team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.

As always, attorney Aaron J. Slavin 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 Slavin Law Firm" »

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 Slavin Law Firm 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.

According to a story that will appear in tomorrow's St. Pete Times, the mother of a young woman killed walking on the Harbour Island bridge by a suspected drunken driver is suing the man accused in her death.

Early on Oct. 30, Kate Kohlier and Doug Kozar were leaving work at Tampa's Marriott Waterside Hotel (coincidentally, where this author was married) and walking across the Harbour Island bridge when they were struck and killed by a car driven by Matthew R. Moye.

Another hotel employee, 47-year-old Joao Armando Fonseca Barbosa, suffered a broken ankle when he jumped out of the way of the speeding Cadillac, police said. Last week, Barbosa filed a Negligence lawsuit against Moye.

Kohlier was twenty-four (24) and "on the brink of graduating from the University of South Florida (USF) with a degree in psychology," said attorney Tom Carey, who is representing Kohlier's mother, Cindy Collins, in the lawsuit.

The University of South Florida (USF) has awarded the degree to Kohlier posthumously, Carey said.

Moye, a dentist in Riverview, has been charged with two (2) counts of Vehicular Homicide, two (2) counts of Driving Under the Influence (DUI) Manslaughter and one (1) count of DUI with Serious Bodily Injury. He was released from the Hillsborough County jail after posting $119,000 bond.

The Wrongful Death suit, which will be filed in Hillsborough County, seeks damages in excess of $15,000.

Asked why he was filing the suit before criminal proceedings are completed, Carey said the incident was egregious enough to warrant the action.

"It's the kind of case, the kind of tragedy, that could have been averted," Carey said.

According to a recent story in the USA Today, as illegal prescription drug use soars, the number of cases of Driving Under the Influence (DUI) in which the substance is a prescription drug rather than alcohol is rising steadily.
But prosecuting and obtaining convictions against suspects charged with DUI Involving Prescription Drugs can be a challenge.

Many states, including Florida, do not require a test to quantify the amount of drugs in a person's body in a DUI case, and impairment is difficult to prove.

"What we and other states have run into historically is that there is a well-developed system to quantify the amount of alcohol in the human body," said Rob Parker, a Brevard County, Fla., prosecutor.

However, "when you have Oxycodone or an opiate, we do not have a well-developed way to quantify the amount of drugs so that a jury can then compare that value to a standard established as an unlawful amount for when operating an automobile."

Parker prosecuted a man charged with four (4) counts of DUI after a crash in Melbourne in 2007. Minutes after the accident, a police officer observed that the 33-year-old driver's eyes were bloodshot, his eyelids droopy and his speech mumbled. A blood sample from the driver tested positive for the presence of prescription drugs.

"The jury heard all of that and could not conclude that he was DUI with drugs beyond reasonable doubt," Parker said.

The jury acquitted the driver of the DUI charges in August.

A DUI charge is the same whether the suspect is accused of driving while influenced by alcohol or drugs.

In Florida, the charge can be proved in two ways: a blood alcohol content of .08 or higher, or if the driver demonstrates he is under the influence of alcohol or a drug that "impairs his normal faculties."

The second is not so cut and dried.

Law enforcement has limited means to prove impairment. Field sobriety tests (or Field Sobreity Exercises - as some law enforcement officers are trained to call them) are one tool. The state also sometimes relies on "Drug Recognition Experts" (DRE's), police officers who have completed specialized training in detecting impairment due to drugs.

Michelle Perlman, misdemeanor division chief for the Brevard State Attorney's office, said her office recommends law enforcement agencies get a DRE to the scene as soon as possible if a suspected DUI involves drugs.

"This cannot usually be conclusively diagnosed by the average police officer," she said.

There are about a dozen DRE's in Brevard, where more than 2,000 people were charged with operating a vehicle under the influence in 2009. As is common around the country, Brevard does not separately track DUI's involving drugs.

Cpl. Wendy Wheeler, who heads the DUI unit at the Brevard County Sheriff's Office and who is a certified expert, said it can take three (3) to six (6) months for an officer to become a DRE.

"The program is real intense," she said.

Another important tool is a patrol car dashboard camera that can record impaired drivers. But not all police vehicles have them.

When cases go to Trial, a lot is up to the officer and the attorney, Perlman said.

"I do think that we see more difficulty in obtaining guilty verdicts on drug DUIs and that is probably because we are unable to prove the amount of drug in the person's system or the precise time when it was consumed," Perlman said. "I think if we can show a quantitative analysis, we will get a lot more plea deals."

Florida law does not require reporting the quantity of a drug in a driver's body in DUI cases. But the Florida Department of Law Enforcement (FDLE) has started to conduct quantitative tests for drugs like Cannabis and prescribed drugs like Xanax, Valium and Ativan and the date-rape drug GHB.

"We will continue to add quantitative tests for additional drugs," said Heather Smith, an FDLE spokeswoman.

She said law enforcement agencies also have the option to seek similar testing done by private labs "if the drug is one that FDLE does not currently quantify."

Defense Attorney Steve Casanova, who handles scores of local DUI cases, said traces of some drugs can stay in a person's system for as long as thirty (30) days.

"How do you prove it was affecting him at the time of the arrest?" Casanova said.

In other cases, the suspect may have been prescribed the drug legally.

One state quantifying drug usage in DUI cases is Nevada, where the statute mentions specific quantities of some drugs that have to be present in a person's blood or urine.

But even when the presence of drugs can be quantified, the effects they have on different people may not be the same, said Joanne Michaels, program director for the National Traffic Law Center in Virginia.

"What they do in different amounts in different people is still being studied," she said. "Toxicologists are raising concerns because it can be an issue."

Continue reading "USA TODAY: DUI Cases Involving Prescription Drugs Difficult to Prove" »

A breaking story on ESPN.com reported that New York Jets wide receiver Braylon Edwards was arrested Tuesday on charges of Driving Under the Influence (DUI) after officers pulled him over because his SUV had "excessive tinting" on its windows, police said.

Officers on the lookout for minor Traffic Violations like excessive tinting or missing registration stickers pulled over Edwards' Land Rover on Manhattan's West Side at about 5:15 a.m. and noticed a "strong smell of alcohol," chief NYPD spokesman Paul Browne said.

Edwards was given a breath test at the scene and another at a police station. His blood alcohol level was .16, twice the .08 legal limit. There were four (4) other people in the SUV at the time.

The Jets expressed their disappointment in the receiver in a statement Tuesday from general manager Mike Tannenbaum.

"We are very disappointed in Braylon's actions this morning. The Player Protect program is in place for our organization to prevent this situation. Braylon is aware of this program and showed poor judgment," Tannenbaum said.

"We are reviewing the information with the league and will impose the appropriate disciplinary measures."

The Player Protect program provides a 24-hour driving service exclusively for professional athletes. The company also provides security, if requested, from current or former law-enforcement agents.

If a player wants a lift home, he can call anytime and will be driven home in a luxury SUV or a Mercedes limo or an executive limo van.

The Jets, through their player development program, distributed leaflets on the Player Protect program to every player on the team. It informs them they aren't charged for the service, and the club picks up the expense.

Edwards caught a touchdown pass as well as a two-point conversion on Sunday in the Jets' 28-14 victory against the New England Patriots.

Edwards' attorney, Peter Frankel, acknowledged that the specifics of the case as laid out by authorities were accurate, saying: "That's my understanding, yes." But he quickly added: "I can't really get into anything that happened."

Frankel, who represented imprisoned former Giants wide receiver Plaxico Burress in his attempt to gain work release, said Edwards would not be available to the media. "We just want to get him out," he said. "I'm sure he's absolutely exhausted and he wants to go back to his home and his teammates."

During his weekly spot on WFAN-AM on Tuesday morning, Jets wide receiver Jerricho Cotchery said Edwards attended a Monday night event in support of Cotchery's nonprofit foundation benefiting underprivileged youth in Manhattan.

Cotchery said several teammates were there, and the event ran from 6:30 p.m. until 9:30 p.m. on Manhattan's West Side.

It's not clear where Edwards was coming from when he was pulled over.

Pending the outcome of his New York City DUI case, Edwards may have to return to Cleveland to face a possible Violation of Probation, which could carry jail time.

On a side note: Being a Jets fan is not easy...

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