Pinellas County DUI Roadblock or “Checkpoint” Effective?

I see many clients charged or cited after a roadblock for crimes ranging from DUI or driving while suspended license to traffic citations for failing to wear a seatbelt. Roadblock or checkpoint stops are the most heavily scrutinized under the Fourth Amendment of the United States Constitution. Many of these cases can be won when your DUI attorney files and litigates a motion to suppress arguing that the roadblock was not set up or executed properly. When successful, the Court will then grant the motion and exclude any evidence gained after the illegal stop, including the identity of the driver, results of field sobriety exercises, or breath test results. The motion to suppress can be filed in any case affected by the roadblock, including felony, misdemeanor, DUI, or even traffic infraction cases.

Being stopped in a DUI checkpoint or roadblock in Pinellas County, FL, can be a frustrating experience even if you have done nothing wrong and escape without being issued a traffic infraction. Deputies with the Pinellas County run a DUI checkpoint about every two months. Many argue that stopping vehicles without reasonable suspicion or probable cause is an ineffective way to fight crime while at the same time causes considerable delay and frustration to thousands of driver’s that are never arrested for any misdemeanor, DUI, or felony criminal offenses.

How many innocent driver’s are inconvenienced? A recent article on Roadblock and DUI Checkpoints in Pinellas County shows that more than 30 deputies participated in the roadblock which caused an average delay to non-impaired drivers of one minute and 33 seconds. More than 1,200 vehicles went through the checkpoint with 353 being diverted for further “assessment” by the officers. By my math that is 31 hours of delay for non-impaired drivers (although math was never my strong suit).

With more an 30 officers involved guess how many DUI arrests were made? Only 10. In fact, the total number of arrests were only 17. The math is pretty easy – 30 officers and only 17 total arrests over the course of the entire evening.

It seems the taxpayers of Pinellas County would have been better served if those 30 police officers had been out patrolling the streets, responding to emergency calls, or investigating individuals for traffic infractions and possible DUI. An additional benefit of the police actually doing their jobs in looking for actual criminals is that thousands of law abiding citizens would not be delayed.

What is the real point of the roadblock? One could argue it is a “show of force” by law enforcement for all of the good citizens that have the misfortune of passing through the checkpoint that drinking and driving is not acceptable in Pinellas County even if there is no sign of impairment. This argument is supported by the fact that all innocent drivers did not walk away empty handed. Instead, they each received a pamphlet telling them the purpose of the Pinellas County DUI roadblock and checkpoint operation. Gee, thanks.

Read the informative article about recent DUI roadblock and checkpoint stops in Pinellas County, FL, which follows recent DUI roadblock and checkpoint in Pinellas County that resulted in 17 arrests on 25 charges. Those arrests and charges included 10 for DUI, two charges for refusal to submit to breath test, two charges for no valid driver license, two charges for driving while license suspended or revoked, two charges for possession of marijuana, one charge each for possession of hydrocodone, possession of oxycodone, possession of cocaine, carrying a concealed weapon, unauthorized possession of identification card, and disorderly intoxication. Deputies also impounded 11 vehicle and issued 33 traffic citations, primarily for not wearing a seatbelt.

Over the past twelve years, members of Remove Intoxicated Drivers (RID) accompany the law enforcement officers of every agency in Pinellas County during every DUI checkpoint or roadblock. Volunteers for RID even serve the officers refreshments during the checkpoint (surprisingly donuts are not on the menu).

Are the DUI checkpoints worth the inconveience to law abiding citizens of Pinellas County?

Search for the Truth – The Fight Continues to Obtain the Source Code of the Intoxilyzer 8000

A recent ten county judge en banc proceeding results in an important decision in State v. Adkins, et al., 48-2008-CT-673-E (County Court in Orange County, FL 2008). During the hearing, the court heard testimony about serious problems with the Intoxilyzer 8000, including unapproved “modifications” made to the machine and the mysterious number of “purge failure” which calls into question the reliability of the breath test machines. Although the Adkins decision failed to find the machine were “unapproved” under Florida law, the decision did find as follows:

So that the remedy is clear, the Court is not compelling CMI, the State of Florida, or FDLE to disclose the source code, release notes and supporting documents; however, if the code, notes, and supporting documents are not provided, then the defendants have been denied material evidence in support of their defense that the instrument is not an approved test as required by the Implied Consent statute. If the defense is denied this evidence then the proper remedy is to prohibit the State from having the benefit of the Implied Consent statute. Thus, the State would be denied the benefits of Section 316.1934, Florida Statutes, which would gives them the presumption of impairment and the shortened predicate for admissibility of the test results under subsection (5).

This decision opens the door for further litigation to prevent the use of the Intoxilyzer 8000 until the source code is revealed, which could result in thousands of breath test results being inadmissible at trial. More DUI Attorneys across Florida are ramping up efforts to show the flaws with the Intoxilyzer 8000. As judges across the state learn more about specific problems an the efforts by FDLE to hid those problems, more and more judges are beginning to opening question whether the Intoxilyzer 8000 should really be considered an “approved” machine at all.

At the Sammis Law Firm we were not one of the attorneys of record for State v. Adkins, et al., 48-2008-CT-673-E. We have, however, filed similar motions which are currently pending, to obtain the source code for numerous cases for DUI in Hillsborough County, FL. Contact us to see how this litigation may effect your DUI case in Tampa or one of the surrounding counties.

Florida Administrative Driver License Suspension After a DUI Arrest

Protecting your Driver’s License After a DUI Arrest – the Administrative Formal Review Hearing

If you have been arrested for DUI in Florida, you only have 10 days from the date of your arrest to fight the administrative suspension of your driver’s license through a Formal Review Hearing. You should always fight the administrative suspension of your driver’s license after an arrest for driving under the influence (DUI) cases in Tampa, Hillsborough County, and throughout the State of Florida. In fact, there is no down side to fighting the administrative suspension. If you win the hearing and invalidate the suspension – then no consequences to your ability to drive will occur. If you lose the hearing, your attorney will still be able to subpoena all of the state’s witnesses that could potentially testify against you, cross-examine those witnesses to lock them into their story, and discovery potential defenses that can be used to win your case during a motion to suppress, motion to dismiss, or during trial.

The Florida DUI Administrative Suspension – How Long Will My Suspension Last?

After a DUI arrest your driver’s license will be administratively suspended if you either took the breath test and blew over the legal limit or if you refused to take the breath test. The “hard suspension” refers to the time period in which you are not able to obtain a “business purpose only” or restricted driver license. In other words, during the hard suspension you can not drive for any reason. If you are caught driving, then you will not qualify for the “business purpose only” driver license for the remainder of the suspension period.

1. First Offense

If you took the breath test then your Florida driver’s license will be suspended for 6 months with a 30 day hard suspension.

If you refused then your Florida driver’s license will be suspended for 12 months with a 90 day hard suspension.

2. Second Offense

If you took the breath test, then you will suffer a 12 month suspension with a 30 day hard suspension.

If you refused the test, and your first offense was after a breath test, then you will suffer a 12 month suspension with a 90 day hard suspension.

If you refused the test, and your first offense was after a refusal, then you will suffer a 18 month suspension with a 18 month hard suspension.

3. Third or Subsequent Offense

If you took the breath test then you will suffer a 12 month suspension with a 12 month hard suspension.

If you refused the breath test and if all prior offenses were after a breath test, then you will suffer a 12 month suspension with a 12 month hard suspension.

If you refused the breath test and one of the prior offenses was after a refusal, then you will suffer a 18 month suspension with a 18 month hard suspension.

What would you do if you could not drive for any reason for 3 months, 9 months, 12 months or 18 months ?

The most devastating consequence of a DUI arrest is the administrative suspension of your driver’s license. You may be able to avoid that administrative suspension by winning your formal review hearing. Hundreds of other reasons exist for invalidating the suspension. A few of the most common issues that can invalidate the suspension include:

1. A critical witness fails to appear;
2. Inconsistencies in the reports;
3. Mistakes in the affidavits;
4. Insufficient evidence of who was driving in a car accident / crash case;
5. Failure to provide a legally sufficient reason for the stop, detention and arrest;
6. The driver was observed for the entire 20 minute observation period;
7. The refusal was intentional or not willful; or
8. Failure to show that BOTH breath test readings were over .08.

The Administrative Hearing with the DMV may be one of the most important stages of your DUI Case.

Aggressively litigating the formal review hearing with the DMV is one the most important steps in preserving evidence that can later be used to fight the DUI case, especially in DUI refusal cases in which the prosecutor relies almost exclusively on the testimony of the arresting officer. Even in those cases in which you lose the DMV hearing, the fact that your DUI attorney has been able to question all of the officers against you under oath early in your case can be very crucial in fighting the criminal accusation.

For more information on the important of requesting an administrative formal review hearing, visit our main website for more information – DUI Attorney in Tampa, Hillsborough County, FL.

Attorney for Pinellas County Sheriff’s Office Suspected of DUI Avoids Even Taking A Field Sobriety Test

Should Pinellas Sheriff’s Office Attorney Have Been Given Sobriety Test?
By STEPHEN THOMPSON | The Tampa Tribune
Published: February 18, 2009

Just after midnight on Saturday, a tow truck driver spotted a car being driven erratically by an attorney for the Pinellas Sheriff’s Office. But after sheriff’s deputies showed up, they did not give her a field sobriety test, even though they believed she had been drinking, sheriff’s administrators say. Instead, they allowed her husband to come pick her up, said Bob Gualtieri, the chief deputy at the agency. Within hours, the attorney… who made $120,000 a year, offered her resignation, and Gualtieri said he accepted it…

Habitual Traffic Offender Revocations in Florida

Florida Habitual Traffic Offender

Erase the Florida Habitual Traffic Offender Revocation

One of the most complicated areas of Florida law concerns removing a Habitual Traffic Offender (HTO) designation through a post-conviction motion to set aside or vacate one of the underlying convictions. However, if your five year revocation occurred within the last two years, you may qualify. We focus on removing the habitual traffic offender revocation throughout Florida including: Tampa in Hillsborough County; St. Petersburg and Clearwater in Pinellas County; Dade City and New Port Richey in Pasco County; and Bartow in Polk County. Contact us today at 813-250-0500 to discuss your case.

Did you get a letter in the mail from the Florida DMV saying “Surprise, your driver’s license is about to be revoked for five years because you are a Habitual Traffic Offender?” If so you are not alone. The Florida Department of Highway Safety and Motor Vehicles reports in 2008 it mailed out 22,742 HTO notices to Florida drivers. In fact, in each of the last three years more than 20,000 notices when out.

If you have three “convictions” for driving while license suspended or revoked in Florida, then your driver’s license will be revoked for five years as a habitual traffic offender. Many people wish they could go back in time and avoid one of the three convictions that caused the HTO revocation. Although you can not go back in time, you may be able to undo the damage by filing a post-conviction motion to vacate one of those three offenses that cause the HTO revocation. If successful, once the traffic court signs the order to vacate or set aside one of the underlying convictions, the DMV will lift the revocation. Within a matter of days your driver’s license will become valid again.

Many judges throughout the State of Florida realize how unfair the HTO revocations are, especially for someone with a driving while license suspended or revoked revocation as one of the three underlying offenses. In fact, this is a hot topic at recent judicial conferences in Florida. Different judges in different jurisdictions in Florida handle the problem differently. However, many courts are vacating one of the underlying offenses when the attorney files and litigates the motion properly.

Don’t suffer with the five year habitual traffic offender revocation. First, you can not obtain a Florida hardship drivers license for any reason for one year. Second, even after you obtain the hardship license your insurance as a habitual traffic offender will be extremely expense.

Does this really work?

Visit our main website by clicking this link Florida Habitual Traffic Offender to see the long list of cases in which we helped our clients lift their five year revocation within just a few weeks of hiring the firm.

In many cases, you can attack the underlying offense up to two years after the conviction by going back to the traffic court where you were convicted. However, you only have one chance to file and litigate a post-conviction motion. Hire an attorney with a proven track record of success in removing the Habitual Traffic Offender revocation. Call 813-250-0500 to discuss the facts of your case with a lawyer at the Sammis Law Firm today.

How did I become a Habitual Traffic Offender under Florida law?

To become a habitual traffic offender your Florida driving record must show three convictions during a five year period for the following offenses:

• Driving while license suspended or revoked either with or without knowledge;
• DUI – Driving Under the Influence;
• Voluntary or Involuntary Vehicular Manslaughter;
• Driving a car to commit a felony;
• Leaving the scene of an accident involving death or personal injury or another; or
• Driving a commercial vehicle while your privilege is disqualified.

The most common scenario is a driver who has never been convicted of DUI, but has received three tickets for driving while license suspended either with or without knowledge. In many of these cases, the person was convicted of the “without knowledge” version of this offense by simply paying the ticket. In other cases, the person was cited for driving while license suspended with knowledge. When the person went to court they entered a plea without ever talking with an attorney. The court accepted the plea without ever saying that a five year revocation would result as a collaterial consequence of the plea.

To make matters worse, attorneys with the Public Defenders Office are not allowed to pursue post-conviction motions for their clients to remove a prior offense that will cause the Habitual Traffic Offender Revocation.

Fighting to remove the HTO revocation depends on timing issues because different post-conviction motions can be filed within 30 days after you receive the notice, within 60 days after you were convicted of the last driving offense or ticket, or even two (2) years after you were convicted of the last offense or ticket.

Hire a Habitual Traffic Offender Lawyer in Tampa with a Proven Track Record of Success

Call 813-250-0500 to schedule a free consultation over the phone or in the office. We fight to remove the habitual traffic offender designation primarily in Hillsborough County, Pinellas County, Manatee County, Sarasota County, Polk County, Pasco County, Hernando County, Citris County, Marion County, Sumter County, Lake County, Orange County. However, we have successfully helped clients as far away as the Florida Panhandle. We may be able to help you today.

Defending Women Against DUI: Watch Out for the Diet Drink Cocktail

DUI and Women

Women are more likely to drink on an empty stomach or to otherwise limit calories while drinking alcohol. The results on a woman’s blood alcohol level can be surprising. A study published in the American Journal of Medicine shows the usual spike in blood alcohol after consuming an alcoholic beverage mixed with a diet or artificially sweetened beverage.

The study showed that drinking a cocktail mixed with diet soda may cause alcohol to hit the bloodstream faster than when that same cocktail is mixed with a beverage that contains sugar. The study found that artificially sweetened beverages left the individual’s stomach faster than alcohol consumed with a beverage contained sugar. Although blood alcohol levels peaked 30 minutes after the drinks were consumed, the individuals that consumed the alcohol with the diet drink had an average blood alcohol level of 0.05, while those individuals that consumed the alcohol with a sugary drink had an average blood alcohol level of only 0.03. Artificially Sweetened Versus Regular Mixers Increase Gastric Emptying and Alcohol Absorption – Web MD article discussing the original study published in the The American Journal of Medicine, Volume 119, Issue 9, Pages 802-804.

At the Sammis Law Firm we pay particular attention to issues that can affect women charged with DUI and defenses available under Florida law.  For more information about defenses and other issues particular to women charged with DUI visit our main website or call 813-250-0500 to speak with an experienced DUI lawyer for any case in Hillsborough County, Pinellas County, Pasco County or Polk County, Florida.

Pasco County DUI Enforcement Mobile Trailer Gets a Makeover

Driving Under the Influence (DUI) Attorney for New Port Richey and Dade City, Pasco County, Florida

Officials in Pasco County, Florida, used nearly $14,000 from Pasco County Sheriff’s Office’s federal forfeiture funds along with a $16,000 grant from the Pasco County Alliance for Substance Abuse Prevention to refurbish a mobile trailer which will now be used to process individuals arrested for drunk driving (“DUI”).

The Pasco County DUI mobile trailer unit is 46 feet long. Several times each month the unit will be used as a command center for DUI Roadblocks (or DUI Checkpoints) in Pasco County, Florida, by the Selective Traffic Enforcement Program Unit who focus on driving under the influence cases in Pasco County, including felony DUI cases, DUI drug cases, DUI cases with property damage, and DUI refusal to submit to breath testing cases. The Pasco County DUI trailer has two holding cells and two breath test (Breathalyzer) stations. Using the Pasco County DUI mobile trailer will help officers to arrest and process those individuals arrested for driving under the influence faster, freeing up more time for law enforcement on the street.

TBO Article Regarding Pasco County DUI Enforcement Mobile Trailer

If you have been arrested for DUI in Pasco County, Florida, including New Port Richey or Dade City, contact an attorney with the Sammis Law Firm, P.A., to discuss your case by calling 813-250-0500. You only have 10 days after your arrested to protect your driver’s license by contesting the administrative suspension of your driver’s license. Contact a Pasco County Criminal Attorney today to discuss your case.

Topic: Pasco County DUI Lawyer, Criminal Defense Attorney Pasco County, New Port Richey DUI, DUI in Dade City, FL

Former Hillsborough County Sheriff’s Deputy Sued for False Arrest in DUI Case

Fired Deputy, Hillsborough Sheriff Sued Over DUI Arrest
By Tom Brennan
Tampa Bay Online

Former Hillsborough County Sheriff’s Deputy Sued for False Arrest in DUI Case

TAMPA – A Lithia man who claims he was unjustly arrested for drunk driving in 2006 has sued the deputy who charged him, Sheriff David Gee and the Hillsborough County Sheriff’s Office.

Robert Reed, 44, claims former Deputy Daniel Eugene Brock verbally accosted him, falsely arrested him and later defrauded his insurance company.

Brock was the county’s top deputy for driving under the influence (“DUI”) arrests until he was fired in May 2007. A Florida Department of Law Enforcement review exonerated him of falsifying DUI arrest records, but an internal investigation found he ignored sheriff’s office procedures for making arrests and for turning in DUI reports…

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For more information about DUI cases in Hillsborough County, contact the Sammis Law Firm at 813-250-0500 to discuss with an attorney the best ways to defend against your driving under the influence (DUI) charge.

Manatee County Judge Throws Out Evidence From DUI Roadblock / DUI Checkpoint

Judge tosses more DUI evidence due to checkpoint
Bay News 9, Tuesday, January 27, 2009

A judge in Manatee County has recently suppressed evidence from DUI cases because proper DUI roadblock guidelines were not followed by the Manatee County Sheriff’s Office. Evidence in the case showed that the DUI roadblock plan required the sheriff’s office to stop every 6th car but that on at least two occasions officers in the field decided to stop every 20th car when traffic began to backup.

DUI Roadblock (or Checkpoint) cases are the most heavily scrutinized cases under the Fourth Amendment of the United States Constitution. If a motion to suppress is properly filed and litigated in a Florida DUI roadblock or checkpoint case, the court can exclude all evidence gathered as a result of the stop of the vehicle, including evidence of DUI, evidence of possession of a controlled substance, or evidence that the driver was driving on a suspended or revoked license. If you were arrested after being stopped in a DUI checkpoint or roadblock in Hillsborough County, Pinellas County, Pasco County, Manatee County, or Polk County, contact a Tampa DUI Attorney to discuss a possible defenses to a Florida DUI Roadblock case. Call 813-250-0500 for a free consultation to discuss your case today.

FHP: 10,732 DUI (Driving Under the Influence) Arrests in Florida in 2008

The Florida Department of Highway Safety and Motor Vehicles issued preliminary data regarding statistics in 2008 showing that the number of DUI fatalities was down in 2008,  In fact, only 2,986 deaths occurred in 2008 which is the lowest number of fatalities in eight years even though the State’s population grew more than 18% over the same time period.

The Florida Highway Patrol Activity report also shows that in 2008, the Florida Highway Patrol made 10,732 Driving Under the Influence (DUI) arrests, 8,320 felony arrests, 406,482 unlawful arrests for speeding, 230,515 crash investigations, and 942 stolen vehicles were recovered.

Last year the FDHSMV reported a summary of the total DUI violations and convictions, which included the following findings regarding changes from 2006 to 2007:

1. Violations for DUI in the state rose from 63,591 in 2006 to 64,410 in 2007, an increase of 1.29%;
2. The number of pending DUI dispositions fell from 21,217 in 2006 to 20,919 in 2007, a decrease of
   1.40%;
3. DUI convictions in the state rose from 34,638 in 2006 to 35,372 in 2007, an increase of 2.12%.

Preliminary stats: 2,986 deaths on Florida roads in ‘08 – Bay News 9, Monday, January 26, 2009

Statistics from Previous Years from FDHSMV

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For more information about DUI cases in Tampa, visit our main website or call 813-250-0500 to speak directly with an attorney about your DUI case today.