Traffic Offenses and Violations

June 1, 2012

What you need to know about your Florida DUI

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.
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December 19, 2011

USA TODAY: All States Should Ban Cell Phone Use While Driving

by Blake & Dorsten, P.A.

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.

December 15, 2011

MIAMI: Flo Rida Enters “First-Time Offender Program” on DUI Charge

by Blake & Dorsten, P.A.

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.

September 20, 2011

ST. PETERSBURG: More Red Light Cameras On the Way

by Blake & Dorsten, P.A.

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 ***

CONSIDER YOURSELF WARNED

July 14, 2011

POLK COUNTY: No More Free Underwear for Male Inmates

by Blake & Dorsten, P.A.

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.
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May 3, 2011

LAS VEGAS: Rapper Flavor Flav Arrested on Outstanding Traffic Warrants

by Blake & Dorsten, P.A.

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.

January 24, 2011

DAYTONA BEACH: Legal Drugs Can Still Lead to a DUI

by Blake & Dorsten, P.A.

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.
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January 12, 2011

CA: Jaime Pressly Blows .22 Following Recent DUI Arrest

by Blake & Dorsten, P.A.

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.

December 30, 2010

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

by Blake & Dorsten, P.A.

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…..
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December 29, 2010

TAMPA BAY: “No Refusal” DUI Checkpoints are Coming to Take Your Blood

by Blake & Dorsten, P.A.

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.
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