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Pinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. Competent substantial evidence is evidence ''sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.'' See Department of Highway Safety and Motor Vehicles v. Trimble, 821 So.2d 1084, 1087 (Fla. 1st DCA 2002) (citing DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957)).

The Pinellas DUI checkpoint plan stated that it was to begin at 12:30 a.m. and end at 3:30 a.m.. The Police reports completed by the Deputy, stated that the defendant was placed under arrest at 12:35 a.m. after failing the field sobriety tests. The Deputy was not called to testify and there is no other evidence to refute the time of arrest. The court found that such an exchange would necessarily take longer than 5 minutes. Hence, the Court finds that the defendant was stopped before 12:30 a.m. in violation of the Plan.

The opinion is available as a free download here.

Pinellas DUI Checkpoint Invalid

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