Monday, October 31, 2005
A New Record - DUI Tampa - Driver Hospitalized After High Intoxilyzer Result
Sunday, October 30, 2005
Kissimmee Police target DUI drivers - DUI Florida
Osceola is one of 20 Florida counties included in the effort, which is designed to stop impaired drivers before they cause crashes, police spokesman Officer Ralph Herrera said.
The patrols are planned for sections of the city where most crashes involve an impaired driver.
More patrols are planned twice a month for the next year, Herrera said."
Tuesday, October 25, 2005
Officers scribbling tickets at record pace - DUI Pinellas
By LORRI HELFAND, SP Times Staff Writer
Published October 25, 2005
LARGO - Speeders and red light runners, take heed. The Largo Police Department's traffic unit has been cracking down, issuing a record number of tickets for moving violations last month.
In September, officers wrote 2,489 tickets, 527 more than they did in April, the second-busiest month so far this year.
"We had the entire traffic safety unit hitting the major MPO intersections and school crossings," said patrol Capt. Glen Smith.
In 2003, the Pinellas County Metropolitan Planning Organization found that nine of the county's most accident-prone intersections were in Largo. To monitor school zones and scout out dangerous intersections, the city's traffic safety unit pooled all six of its officers, including two full-time officers who usually dedicate all of their time to DUI enforcement, Smith said."
To Drive or not to Drive . . .
Still, bar patrons say more leniency from the law and property owners is needed if they want them do the right thing and avoid driving home drunk.
Still, the towing costs for a DUI are higher -- financially and emotionally -- than for requesting a tow, Overstreet said.
"They can look at it as they are still getting screwed, but when you compare the cost of a DUI arrest, that's pretty cheap," he said. "It's much worse if you get in an accident and hurt or kill somebody. You're looking at spending the next 15 years in prison."
And now a word from the Bartender . .
'Years ago it was more freewheeling,' Careys says. 'Nobody gave a damn about getting a DUI. The cops would pull you over and tell you to go to sleep for a while and get on home,' she said.
Now bartenders must pay attention to whether a customer has had one too many. Carey tells her students to slow down service to a customer who is getting drunk, or offer them coffee or something to eat.
How do you know if someone has reached their limit? 'They start slurring their words or they light two cigarettes at one time,' she says.
A technique Carey has used in the past is to take a customer's keys if they are laying on the bar. Then she asks the patron if she can call them a cab, and she gives the keys to the cab driver. If someone's really unruly, the last resort is to call the cops."
University of Florida's first DUI checkpoint - Gainesville.com
Police issued drivers a variety of citations, including for not having their car registration or proof of insurance, said UF Police Capt. Charles McCray.
A 27-year-old Gainesville man was stopped for driving under the influence and taken to the jail. A breath test gave readings of .111 and .105. In Florida, the legal limit for driving is 0.08.
DUI arrests on campus have been increasing since May of this year with more aggressive enforcement of traffic violations, according to University Police.
The check was held for five hours at Gale Lemerand Drive south of Museum Road next to the large commuter lot."
DUI Conviction Tossed Despite Confession - Tampa DUI from SPTimes
To quote the Florida Supreme Court in a landmark 1976 case:
The judicial quest for truth requires that no person be convicted out of derangement, mistake or official fabrication.
In this case, to prove the DUI-serious-injury charge, there had to be some independent proof that Esler was in fact drunk and driving the car that hit Jim. That evidence did not exist. The case boiled down to (1) Jim saying somebody in a white car hit him and (2) Tina saying she had been driving a white car in the area.
The appeals court reversed her conviction."
Convicted drunk driver tells story - (DUI Tampa Attorney) fromThe BG News -
By Laura Hoesman
SENIOR REPORTER
October 24, 2005
Six years ago, drunk after an evening of partying on his spring break in Florida, Mark Sterner crashed his car, killing three of his fraternity brothers and earning three DUI manslaughter convictions.
Sitting in a Florida high-security prison, fearing for his own life every day, Sterner realized that to prevent other students from getting in the same trouble he was in, he had to tell people his story. Yesterday evening, to a crowd that filled the Union Ballroom, Sterner continued his mission to tell as many people as possible what can happen when people drive drunk."
Breath Tests on Trial
By Todd Ruger
Sarasota Herald Tribune
"SARASOTA COUNTY -- Defense attorneys are attacking the credibility of one of the county's most powerful tools against suspected drunk drivers: the Intoxilyzer 5000.
The briefcase-sized machine uses a breath sample to let police know if someone's blood-alcohol content is over the legal limit of .08.
But nearly 150 defendants in DUI cases say they need to know how the machine's software works to determine whether the results against them are reliable.
Their attorneys already know the problem: Prosecutors can't give them the software's source code because they don't know it. And the manufacturer of the Intoxilyzer 5000 says the code is a trade secret and won't divulge it
Monday, October 24, 2005
Motorcyclist Convicted In Trooper's Death
[The man] was convicted of vehicular homicide and fleeing and eluding a law-enforcement officer in causing the death of 49-year-old Trooper Darryl Haywood on Oct. 2, 2004. The jury deliberated for three hours, the Orlando Sentinel reported. Williams will be sentenced at a later date. He could face up to 60 years in prison.
According to reports, Williams, on his blue 1999 Suzuki, was racing a Porsche when Haywood started to pursue them. The patrol car had a blow out, causing Haywood to lose control of his vehicle and crash into a tree. Williams was arrested later that day at an Interstate 95 rest stop in St. Johns County
Thursday, October 20, 2005
Florida DUI Law and Open Source
Lawyers in Blogland From the Florida Bar
By Jan Pudlow
Senior Editor
Armed with a Dummies book on html, a software program called “Blogger,” and plenty of curiosity, St. Petersburg lawyer Matt Conigliaro set out to write the code for a legal blog he could call his own.
For two months in the spring of 2003, on weekends and in the middle of the night, he hunched over his computer fine-tuning Abstract Appeal, billing it as “the first Web log devoted to Florida law and the 11th Circuit Court of Appeals.”
Then he set it free into the blogosphere.
Little did he realize that because of his blog, he would be quoted in the Los Angeles Times, Chicago Tribune, and CourtTV.com during the raging controversy of the Terri Schiavo end-of-life case. "
Best Place to Get DUI
DUI Manslaughter Case (DUI Tampa Lawyer)
[He] was expected to begin a trial Monday, also pleaded no contest to two charges of DUI with serious injuries and driving with a suspended license involving death, court records show."
DUI and Open Source Software
Tom Sanders in California, vnunet.com 20 Oct 2005
"A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code.
Lawyers representing more than 150 defendants who have been charged for driving under the influence of alcohol in two Florida counties will file the request.
They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt. . .
A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code. . . They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt."
Sunday, October 16, 2005
Tampa Attorney DUI Q & A
A. If you are charged with DUI, you should find out the name of the assistant state attorney who will be handling your case. You can call the State Attorney's Office, which should be able to tell you the name of the attorney. You can call the prosecutor and ask him or her if there is a standard plea agreement since this is your first offense. Many people hire private attorneys for several reasons: First, if your arrest was not proper, an attorney may be able to get your case dismissed. Second, an attorney may be able to get a better plea arrangement. Without knowing all of the facts of your situation, it is difficult to advise you. "
Florida Judge Removed For Flagrant Violations Of Ethics Rules
ORLANDO, FL--The gravy train is over for a Ninth Circuit Court Judge of Orange County who has collected nearly $85,000 this year for doing nothing after he was placed on a paid leave of absence in February while under investigation by the Judicial Qualifications Commission of the Florida Supreme Court.
The court took final action in the misconduct matter this week, removing the judge from the bench because he continued to act as a criminal defense attorney while performing judicial duties in 2000 and that he later advised that same criminal defense client to leave the country in order to avoid prosecution.
The Court had conducted a hearing in the matter in September and a decision had not been expected for months."
Florida's high court boots jurist
Anthony Colarossi
Sentinel Staff Writer
Posted October 13 2005
The state Supreme Court ended the long-tarnished career of an Orange Circuit Judge on Wednesday, adding his name to a short list of judges whose ethical transgressions got them booted from the bench.
The seven justices say the judge practiced law while still a judge and told a client facing two DUI-manslaughter charges that she should flee the country to avoid prosecution."
Breathalyzer Hearing Scheduled
We will essentially be asking the judges to provide the software source code than runs in the Intoxilyzer 5000 beathalyzer.
Five county judges who hear DUI cases, three from Sarasota County and two from Manatee county, will be sitting.
The manufacturer has flat-out refused to turn over the information, said they will not do it under any circumstances . . . Makes you wonder what they're hiding."
Corrections officer's sentence in DUI death to wait for appeal
Posted October 14, 2005
TAVARES -- A federal corrections officer convicted of driving drunk and causing a crash that killed a bicyclist has been spared a prison sentence while he challenges the verdict -- a step the judge has taken just twice before in 10 years on the bench.
Tampa DUI - Man guilty in 2 DUI deaths
Ludmilla Lelis | Sentinel Staff Writer
Posted October 8, 2005
DeLAND -- A 23-year-old DeLand man was found guilty Friday of driving drunk when he caused a crash that killed two women in 2003.
[The man] could face 15 years in prison for each of the two counts of DUI manslaughter. He was also convicted of vehicular homicide, a felony carrying a potential five-year prison term. He will be sentenced at a later date."
Tampa DUI Attorney
Saturday, October 15, 2005
Florida DUI Information
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.">Florida Driver License Information DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
DUI Tampa
Labels: dui florida attorney, dui florida lawyer, DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, DUI Tampa, DUI Tampa Attorney
Friday, October 14, 2005
Alcohol Screening or Screening Breath Test Devices (SBT)
Passive Alcohol Sensors (PAS)
* Helps police officers identify a higher proportion of drivers who have been driving drunk than they do without sensors.
* Helps officers to quickly dismiss drivers who have not been drinking.
* Does not interfere with privacy rights and its use is Constitutional--evaluating the ambient air around the driver does not constitute a search."
Breath Alcohol Test Calibration Devices
Case Study: Tampa DUI Detecting Impaired Drivers
* DUI and DUI detection legislation;
* Drugs and their behavioral effects;
* Standard Field Sobriety Tests; and
* On-site drug testing.
Tampa, Florida was chosen as a test site and the new, eight-hour curriculum was integrated into the Tampa Police DUI Squads' training activities.
Conclusions
The program, which is no longer active, concluded with four months of equipment use and evaluation. Approximately 265 DUI suspects were apprehended during the evaluation phase--86 percent or 230 individuals were male and 80 percent were between the ages of 18-44. Breath and urine samples were collected for all subjects and 86 percent were found to be legally drunk (with a .0170 BAC or more); and 31 percent tested positive for illegal drug use. Data indicated that the younger the suspects, the more likely they were to use drugs (98 percent were found with marijuana and cocaine in their samples)."
DUI Tampa Attorney
SPECIAL ALERT!! Operation 3D DUI Checkpoints
October 15th , 2005/Wolfpack 2200 hrs. 0400 hrs. 56th St. & Hillsborough Ave.
Friday, October 21st , 2005 Low-Man Check Point 2200 hrs. 0500 hrs. 2 – CHECKPOINT LOCATIONS USF Area - 50th St. & Holly and Temple Terrace Area - 56th St. & Fowler BAT Unit and remote booking transport provided at USF Campus
Saturday, October 29th ,2005/Wolfpack 2200 hrs. 0500 hrs. Ybor City BAT Unit and remote booking transport provided at Adamo Dr. & 21st St.
Tampa DUI Checkpoints and Wolfpacks
Operation 3D is a public awareness plan that is designed to enhance the Hillsborough County Sheriff's Office ability to promote problems commonly associated with motorists who drink and drive. It will serve to encourage voluntary compliance of existing traffic laws by motorists.
Labels: DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer
DUI Fine Schedule DUI Tampa
First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Florida Licensed DUI Programs - Tampa Attorney
The DUI programs are private and professional non-profit organizations that are required to provide education, a psychosocial evaluation and treatment referral services to DUI offenders to satisfy judicial and driver licensing requirements.
Two educational services are offered - Level I for first-time offenders and Level II for multiple offenders.
The Level I course is to be a minimum of 12 hours of classroom instruction and incorporates didactic and interactive educational techniques.
The Level II course is a minimum of 21 hours of classroom time using primarily interactive educational techniques in a group setting. The average class size is not to exceed 15 students for Level II. This course focuses on the problems of the repeat offender and treatment readiness as the majority of students are referred to treatment. In no case is placement in Level II used in lieu of treatment.
National DUI Stats - DUI Tampa Attorney
Alcohol-related occupant fatalities increased 3 percent in SUVs and 5 percent on motorcycles in 2003.
40 percent of crashes involving an alcohol-impaired or intoxicated driver or non-occupant resulted in an involved person being killed or injured.
Drivers with a BAC greater than .08 who were killed in crashes were 10 times as likely to have a prior conviction for driving while intoxicated.
About 275,000 people suffered injuries in alcohol-related crashes in 2003.
More than 1.5 million drivers are arrested for driving under the influence of alcohol or other drugs each year. This represents one in every 130 drivers in the United States.
The percentage of alcohol-related crashes in 2003 represents an average of one alcohol-related fatality every 31 minutes and one alcohol-related injury every two minutes.
The rate of alcohol involvement in fatal crashes is three times as high at night as during the day. More than 53 percent of weekend evening crashes are alcohol related.
Motor vehicle crashes are the leading cause of death for people ages 2-33.
The highest intoxication rates for drivers in fatal crashes were recorded for drivers ages 21-24 (32 percent), followed by ages 25-34 (27 percent) and 35-44 (24 percent).
Alcohol-related crashes, injuries and fatalities cost society more than $45 billion in lost productivity, medical care, property damage and other direct expenditures annually
Sunday, October 09, 2005
Tampa DUI Checkpoints and How they Operate
Labels: dui checkpoint, dui florida attorney, dui florida lawyer, DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer
Tampa DUI Squad Averages DUI Tampa Attorney
October is the biggest month to be arrested (March & May are also very popular).
Friday is the most frequent night to be arrested. (Saturday is next
followed by Thursday).
34 = The average age of a person arrested in Tampa for drunk driving
For More Info See: DUI Tampa Attorney
DUI Tampa Attorney FAQ
In reality, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol.
So what does a Blood-Alcohol Level of .08 mean?
The term '.08 BAC' is commonly referred to as the legal limit, but this is not accurate. According to Florida Law, .08 BAC is the presumptive level of impairment. In other words, if you have consumed enough alcohol to reach a .08 BAC, you are automatically considered impaired.
What if I'm below .08 BAC?
You can still be convicted of DUI even if you are under .08 BAC. If your driving ability is proven to be impaired you will likely be convicted of DUI."
For More Information See DUITampaBay.com
Labels: dui blood test, DUI Tampa, florida dui, florida dui attorney, florida dui lawyer, florida lawyer, Tampa Attorney
Saturday, October 08, 2005
Zero Tolerance Laws for Youth: FLORIDA
A lawful contact must be made with the underage driver before checking for a zero tolerance violation. This may be triggered by a traffic stop related to a violation of law, contact at a sobriety checkpoint, contact at a crash site or a consensual encounter with a driver under 21. Standard procedure calls for ruling out the .08 DUI offense before taking action on the zero tolerance offense. "
DUI and SR22 Insurance Question
Labels: DUI Florida Attorney Lawyer, dui hillsborough attorney, DUI Tampa, DUI Tampa Attorney, sr22
Confessions DUI and the Corpus Delicti Rule - Tampa DUI
Reported at 30 Fla. L. Weekly D2379a
Labels: corpus delicti, dui, DUI Tampa, DUI Tampa Attorney, florida dui lawyer
Tampa Police - Top 10 DUI Arrest Locations for Tampa DUI
Ybor City
SOHO
MacDill (Kennedy to Columbus)
Nebraska Av (Waters to Fowler)
Courtney Campbell Cswy.
Dale Mabry (MLK to Hillsb.)
Tampa Palms
Kennedy (Dale Mabry to Westshore)
Howard (Kennedy to I-275)
Channelside"
Checkpoints for DUI in Tampa
Tampa Police - DUI Unit Zero Tolerance for DUI
ZERO Warnings
ZERO Excuses
ZERO Driver's License"
Tampa Police - Wolfpacks
DUI Defendants Skip Charge By Asking How Test Works DUI Tampa
SANFORD - Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work.
All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday. "
Saturday, October 01, 2005
Jury convicts multiple DUI offender of vehicular homicide
By DAVID FERRARA
Staff Reporter
BAY MINETTE -- A man convicted four times of driving under the influence of alcohol was found guilty Friday of vehicular homicide in a crash that killed a Foley city councilman's son. "
NBC2 News Online - Former model's shocking appearance warns of DUI danger
Last updated on: 9/21/2005 11:43:03 AM
FORT MYERS - The Don't Drink and Drive campaign has a brand new face in Southwest Florida - and it is a face that is making high school students gasp. It belongs to a former model, who now sells a much more powerful and meaningful message."
DUI Suspect Appeals Police Use Of Forced Blood Test DUI Attorney Tampa
POSTED: 7:05 am EDT September 23, 2005
PALM BAY, Fla. -- A man accused of driving drunk in Brevard County is appealing police use of a forced blood test.
Tony Isley refused a breathalyzer test during a traffic stop in Palm Bay. So police got a search warrant on the spot to take a sample of his blood.
Currently, the only forced blood tests happen when there's a crash with injuries. Prosecutors said there was nothing in current law that would not allow forced blood tests, even if officers had to restrain the suspect."
Doubled fine may slow up Florida's red-light runners
� People caught drag-racing will face a first-degree misdemeanor charge, which carries penalties of up to one year in jail, up to a $1,000 fine and impoundment of the car for up to 10 days. A driver convicted of a second racing charge can also have the car seized and forfeited.
� Drunken drivers who cause a crash that kills an unborn child will face a DUI manslaughter charge for the death of a fetus. That charge, a second-degree felony, would be punishable by up to 15 years in prison. The DUI manslaughter law previously was unclear in its application to fetuses.
� The Department of Highway Safety and Motor Vehicles will take control of the state's ignition interlock program from the state court system. Once a driver is convicted of DUI, the highway department will place a device that gauges the driver's blood-alcohol level before the driver can start the car. Previously, placement of the device was left to the discretion of judges."
Run Red Light DUI Attorney Tampa
OCALA - A new traffic law that takes effect Saturday may have area drivers seeing red, twice.
Fines will surge dramatically for drivers convicted of running red lights in Marion County, according to a set of new laws scheduled to start Oct. 1, jumping from the $118.50 to $183.50.
The number of such convictions in Marion County last year were unavailable Wednesday. But Ocala Police issued 1,030 of the tickets last year. Area law enforcement officials said Wednesday they expect the large increase in the fine will act as a deterrent, especially after that first ticket.
'First time they run the light and get a ticket...they will start paying closer attention to the lights,' said Sgt. Lou Biondi, supervisor of the Ocala Police traffic unit."
Subscribe to Posts [Atom]
