- The Law Offices of Russo & Russo, P. A. - Pinellas Criminal Defense Weblog

Bad Santa

 

Sometimes Santa is a little more naughty than nice. In fact,  his sleigh might just be filled with stolen property or abducted children.

Around this time of the year, there is often an influx in the amount of crimes committed by the jolly old man in a bright red suit. Consider the following crimes recently committed by Santa and his elves. These offenses might make you think twice about closing your chimney flue, guarding your wallet and keeping a close eye on your children.

Who’s Lap is Your Kid sitting on?

Parents all over the nation take their children to local Malls every year to get a picture taken on Santa’s lap. Hopefully the screening process for choosing these Santas is thorough, since there some "Santas" out there with some serious character flaws.

Santa & Rudolph Abduct Child

In Columbia, South Carolina, a man dressed as Saint Nick abducted an 8-year-old girl from a gas station right in front of her parents. The man, dressed as Santa, was fueling his motorcycle at a gas station when he struck up a conversation with the girl’s family and showed off his Rudolph stuffed-animal riding in the sidecar. After a brief exchange, the pseudo-Santa ended up driving away with the small girl in his sidecar. The girl’s family gave chase to the kidnapper and was successful in retrieving their daughter, uninjured. The not-so-jolly kidnapper explained that he "got caught up in playing the role of Santa" and allegedly had no intention of kidnapping the little girl.

Santa Walks Neighborhood Stalking His Prey

Children associate Santa  with good times and presents. Luckily, a little girl in Ohio was weary enough to be suspicious of a man dressed as Santa that approached her while she was on her way to school. As the 12-year-old girl walked to her school for children with special needs, a man dressed as Santa grabbed her and attempted to kidnap her in broad daylight. Thankfully, the student was able to break free of Santa’s grasp and run into a local convenience store. Situations like this illustrate the level of awareness and caution that need to be instilled in children in order to keep them out of the hands of predators that often go to great lengths to lure children to them.

Lawmakers in Florida understand the inherent danger that a sexual predator armed with a Santa Claus costume could pose to children, and recently created a statute that specifically forbids such conduct. Florida Statute 947.1405(12)(b) prohibits convicted sex offenders from dressing like Santa Claus, the Easter Bunny, or any other costume that might appeal to children.

Does Santa Carry a Gun?

Last year in Nashville, a thief dressed as Santa Claus held a bank teller at gunpoint and robbed a SunTrust Bank branch. As if a man dressed as Santa brandishing a sidearm and committing a bank robbery was not strange enough, the thief was reported by witnesses as being in a "jolly mood" and told the bank teller that "he had to pay his elves." 

Interestingly enough, if  the man dressed as Santa was convicted of committing this offense in Florida, he would face stiffer penalties for wearing the costume. That is to say that the State would be able to seek a harsher sentence due to the fact that the perpetrator had concealed his identity, albeit in a Santa costume. Florida Statute 775.0845 states that any criminal offense committed while the offender wears a hood, mask, or any other device that conceals their identity, shall be reclassified to the next higher degree. This means that a second-degree felony committed by Santa would then become a first-degree felony.

When Santa Drinks more than just Milk with his Cookies

Most people would agree that Santa Claus has a pretty tough job, with his burdensome task of delivering presents to children around the world. One Santa decided to unwind with a few drinks. A Wisconsin man dressed as St. Nick was cited for drunk driving last year after he drunkenly stumbled out of his vehicle in front of a group of children and proceeded to ask if "anyone knew where his reindeer were." Despite his advanced state of inebriation, he apparently was able to maintain his character part. His conduct an open container of alcohol lead to a DUI investigation. 

Although the ramifications of a reindeer powered DUI are unclear, an intoxicated motorist in a Santa garb could clearly face a license suspension, an ignition interlock device and even possible time spent in the Pinellas County Jail.  Mrs. Claus would probably not take kindly to that!

Arrested for an offense in Pinellas County? We Can Help!

We are experienced criminal defense lawyers who regularly handle theft, drug related offenses, DUI, and other related offenses arising out of the St. Pete /Clearwater area. Visit our website to learn about possible solutions.

Contact our office for a free consultation with an attorney at:
(727) 578-0303

Visit our general criminal defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Links:

The case of crimes against Santa
Getting Your Pinellas Charge Dismissed through a Diversion Program
Santa Arrested for Child Porn
Children Cry as Fake Santa arrested
St. Petersburg / Clearwater Arrests of Out of Town Tourists
Drunk Santa Arrested after Kicking Cop
Getting Probation in Pinellas County
Shopping Mall Santa Arrested for Internet Stalking
Avoiding Post Arrest Publicity After a Pinellas Arrest
Wal-Mart Santa Arrested for Exposing Himself to Boy

Drunk Santa Arrested

 

Technorati Tags: Santa Claus,crime,criminal,kidnap,sex offender,bank robbery,Florida,sentence,mask,felony,DUI,license suspension,jail,Pinellas County,attorney,lawyer,St. Petersburg,Clearwater

Florida Prescription Drug Data Base Delayed by Corporate Wrangling

In 2009, the Florida Legislature established a new program that requires doctors, pharmacists and others who dispense certain prescription medication (such as oxycontin, oxycodone, hydrocodone,  diazepam, alprazolam, percocet and vicodin) to enter the information into a state monitored prescription database. Proponents of the database have fought for its implementation to battle Florida's nation-wide reputation as a "pill mill." They have also been motivated by last year's record 2,488 prescription drug overdose deaths as reported by Florida Medical Examiner's Office.

Once the prescription database goes live, Pinellas prosecutors are predicting a sharp rise in their caseloads for criminal charges associated with Felony Drug Possession, Doctor Shopping, Prescription Fraud and Drug Trafficking.  In addition, it is anticipated that the Pinellas County Drug Court will likewise have its resources stretched.

Grant Funds Up for Grabs

To fund the purchase of the massive computer database, implement the program and then train the medical professionals,  Florida lawmakers are using part of a 65 million dollar federal grant that was awarded to state governments in 2005. By law, the Florida Department of Health was required to begin tracking prescriptions no later than December 1st, 2010. After Auburn, Alabama's Health Information Designs Inc. won the contract to provide the service in July, everything seemed to be on track to meet the December deadline. After all, the company was founded back in 1976 and had a proven history of providing prescription drug monitoring and related clinical support services for clients in twenty-five states. Timely bringing Florida up to speed didn't seem likely to be a problem... until now.

To the Victor Goes the Spoils

It seems that corporate competitor, Optimum Technology, Inc has just filed a protest to the State's method of awarding the Prescription Database contract. Optimum alleges that the method of scoring bids and awarding the contract was unfair. An initial hearing before an administrative law judge has been set for September 24th, 2010. State Senator, Mike Fasano has indicated, that as a result of the litigation, implementation of the program is sure to be delayed until at least January or February of 2011.

Echoes of the Past

This "corporate wrangling" is eerily similar to what took place with Florida's Ignition Interlock legislation and the ultimate award of a lucrative service contract to the private sector in 2003. At that time, Alcohol Countermeasure Systems (ACS) had been awarded the contract to provide ignition interlock devices to all drivers convicted under a DUI law that provided for new penalties. Under the exclusive terms of the contract, ACS would provide service service / installation centers and lease their proprietary ignition interlock device to drivers all across Florida. However, competing provider, Lifesaver Interlock, Inc., who had lost the bid, filed a formal protest (Lifesafer Interlock, Inc vs. DHSMV, Case No: 03-2726BID). This had the result of delaying implementation of Florida's Ignition Interlock Program. Subsequent mediation in September of 2003 resulted in a compromise agreement. Under the "settlement," the state of Florida was split in half, with Lifesaver providing interlocks to the northern residents of Florida and ACS awarded counties situated in the southern portion of the State.

Solomon's Wisdom Unlikely to Prevail

The "splitting the baby" solution is unlikely to solve our current dilemma. That's because a prescription database requires a single seamless system of computers linked by a common server. Its sole purpose is to marry independently owned and operated doctor's offices and pharmacies into a single record keeping family to prevent the abuse, misuse and diversion of controlled substance prescription medication. As a result, you can count on further litigation and delay.

Have You Been Arrested for...
Doctor Shopping, Prescription Fraud, Drug Trafficking, Possession of a Drug Related Offense?

We are experienced St. Petersburg / Clearwater criminal defense attorneys. We are very familiar with the defense of prescription fraud (Fla. Stat. 893.13(9)) and doctor shopping cases (Fla. Stat. 893.13(7)) that involve controlled substances such as Oxycontin. Our practice is limited exclusively to criminal cases arising out of Pinellas County and we regularly appear in Pinellas county's drug court. Our office realizes how addiction can play a major role in motivating theses offenses. We also know how efforts toward your rehabilitation can serve as a great mitigating factor in dealing with the charge. We can deliver sound advice and offer a strategy that is directed toward avoiding conviction, avoiding jail, & obtaining drug treatment.

Contact our office for a free consultation at: (727) 578-0303

Other Links

Governor Charlie Crist Prescription Database Information
Alliance of States With Prescription Monitoring Programs
National Association of Drug Diversion Invstigators
National Center on Addiction & Drug Abuse at Columbia University
Charged with Possession of Drug Paraphernalia?

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NHTSA Pushes for Ignition Interlock Devices for all DUI Offenders

What is an Ignition Interlock Device?

An Ignition Interlock Device, or IID, is a mechanism that prevents a vehicle from being started prior to the driver’s submission of a breath sample that is subsequently analyzed to fall under a pre-determined BAC limit. Such devices are often installed in a person’s car as a result of a conviction for a DUI involving an enhanced blood alcohol level or for an individual who has suffered multiple DUI convictions. In addition to requiring a breath sample prior to starting the vehicle, IIDs are programmed to ask for further breath samples at random times during a trip. This feature is designed to discourage someone with a court ordered IID from having another person provide curbside assistance to get the vehicle started. Although a large body of research exists which demonstrates the reliability and effectiveness of IIDs, some States have been slow to implement their use.

Do Ignition Interlock Devices Work?

Several studies have demonstrated that IIDs reduce recidivism among first time DUI offenders, as well as among repeat DUI offenders. Research additionally shows that family members of DUI offenders support the use of IIDs, because the technology provides a guarantee that their loved one will not continue the dangerous behavior associated with drinking and driving.

NHTSA Unfairly Interprets Study in Self-Serving Fashion

According to Nicole Nason, former Administrator of the National Highway Traffic Safety Administration, IIDs are used in only 20% of eligible cases nationwide. She contends that although 47 States have enacted laws allowing IIDs to be used as part of DUI sentencing, only 9 States have mandatory IID sanctions for first time DUI offenders.

The contention that IID’s are under utilized is simply not fair. The only way that NHTSA can make such an allegation is to first presume that each and every person convicted of a DUI be required to have an Ignition Interlock installed in their vehicle. Such a knee jerk approach is clearly draconian in light of the already burdensome number of minimum mandatory statutory penalties associated with a DUI conviction. An IID has no place in the sentencing structure of a first time offender who fails to cause property damage or injury and who operates at a BAC level under .15%.

Avoiding the Ignition Interlock: A Pre-emptive Strike

If you have been arrested for DUI in St. Petersburg, Clearwater or other city within Pinellas county, you may be understandably concerned about the penalties and Florida’s Ignition Interlock mandates. Our extensive Florida Ignition Interlock website may answer many of your questions.

You should know that an experienced attorney can sometimes make a difference in avoiding the ignition Interlock requirement. This can be accomplished a number of ways, including:

• The filing of a motion seeking to suppress your breath test readings for failure to comply with calibration and testing procedures;
• Providing the judge with testimony or evidence that suggests that although your breath test readings may have been over the threshold .15 BAC, they were under .15 BAC at the time you were operating the motor vehicle - the "rising blood alcohol" defense;
• Arguing to the court that situations where the driver produced one breath testing reading over .15 BAC and another sample under this level, fail to qualify for the mandatory imposition of the IID;
• Having the DUI charge reduced to a Reckless Driving offense

Evaluating Your Options

A Florida DUI charge is complex in nature and carries potential burdensome penalties including Ignition Interlock devices. Our office can thoroughly evaluate your DUI case. This includes breath testing issues, roadside field sobriety testing and DHSMV administrative driver's license ramifications. Getting an early start after a DUI arrest may save you time and money.

Call us for a free consultation at (727) 578-0303 or visit our website dedicated to Pinellas County DUI Defense

The Law Offices of Russo & Russo, P.A.
877 Executive Center Drive West, Suite 112
St. Petersburg, FL 33702

Handling DUI, Criminal Defense, Personal Injury & Social Security Disability.

www.defensehelp.com

www.injuryorarrest.com

www.mydisabilitylawyer.com

Related Links:

Florida's Ignition Interlock Program - DHSMV Website

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“One for the Road” - Could an ill-advised last drink frustrate a DUI prosecution?

An Unconventional Argument

It might seem counter-intuitive, but sometimes DUI defense lawyers will readily admit that their client had been consuming alcohol prior to driving. But they will also be quick to tell you that it was the “one for the road” that unfairly skewed the Intoxilyzer test results. This is possible because alcohol is not absorbed into the body instantaneously. Instead, when a person drinks an alcoholic beverage, it takes between 45 minutes and 3 hours for alcohol to be absorbed into the bloodstream. It is important to note that the impairing effects of alcohol do not take place in the human body until the substance actually reaches the bloodstream. Thus, the argument goes that had the driver not been stopped and detained by law enforcement, he would have avoided impairment until sometime after safely reaching his destination.

Doing the Math

The amount of time that it takes for a person to feel the effect of an alcoholic beverage varies greatly defending on factors such as sex, weight, the alcohol concentration of the beverage and other stomach contents. Because it can take hours for alcohol to be fully absorbed into the bloodstream, it is possible for some individuals to have several drinks and nonetheless remain under the legal limit for some time. However, the time of drinking and duration over which the alcoholic beverages were consumed is critical to this analysis. Computer software was created that can accurately take all of these characteristics into consideration when ascertaining a blood alcohol level at the time of driving. Such calculations include “retrograde extrapolation” which entails a formula designed to focus on the blood alcohol level at the time of driving, instead of the time of Intoxilyzer testing. Why is this important? Because it is illegal to be a .08 BAC at the time you are seated behind the wheel, not at the time you are ushered into the police department Intoxilyzer room.

The Rising Blood Alcohol Defense

An individual who has “one for the road” immediately before getting behind the wheel may not necessarily be driving under the influence, unless his travel plans are extensive. If the driver were to be pulled over before the alcohol in their stomach had been fully absorbed into their bloodstream, they would not have committed a crime recognizable under Florida's DUI law. The defense attorney will argue that “by the time law enforcement administered a breath test in his client’s case, enough time may have elapsed for additional alcohol to migrate into the driver’s blood stream. Thus, if a DUI suspect’s blood alcohol content rises above the legal limit of .08 after the time of their motor vehicle stop, but before their submission of a breath sample, they may benefit from a “rising blood alcohol defense.”

Mobile Breath Testing

Law enforcement efforts at combating the “rising blood alcohol defense” are often aimed at using mobile breath testing vehicles which hurry to the scene of the traffic stop. Getting the breath sample as close in proximity to the driving time is the key. By eliminating the time it takes to transport the DUI suspect to the police department or jail, law enforcement is effectively preventing defense lawyers from considering the “rising blood alcohol defense.”

A Possible Defense in Your DUI Case?

The attorneys at Russo & Russo are certified Intoxilyzer operators who understand the legal and scientific intricacies of the “rising blood alcohol defense.” As former State prosecutors and with over 33 years combined experience in DUI defense, they have reviewed thousands of driving under the influence cases and worked closely with expert witnesses on numerous occasions to build defenses. Let us evaluate your DUI case, examine the field sobriety tests, and discuss possible defenses and strategies with you.

If you have been charged with a DUI, we can help.

Call our office for a free consultation at (727) 578-0303.

Visit our extensive St. Petersburg / Clearwater DUI defense website at: www.duistpetersburglawyer.com

Related Links:

Expert Toxicology Witness in Pinellas County DUI Cases

Expert Field Sobriety Testing Witness

DUI Pro - Retrograde Extrapolation Software

Technorati Tags: DUI Defense,St. Petersburg DUI Lawyer,Clearwater DUI Attorney,Rising Blood Alcohol Defense,Breath testing,Intoxilyzer,forensic toxicology expert,retrograde extrapolation,DUI Software

New Police Methods Being Employed to Reduce Number of Intoxilyzer Refusals

 

In 2005, DUI arrest statistics were collected by NHSTA from across the country to determine how the rate of refusal to submit to a breath test varies from state to state.  The rates ranged from a meager 2% refusal rate in Delaware to an astounding 81% refusal rate in New Hampshire.  Florida had the third highest refusal rate in the country at 41%.  It is widely known that drivers who refuse to submit to a breath test are statistically more likely to ultimately avoid a conviction for DUI.  In view of these statistics, states with high refusal rates nevertheless have a number of tools at their disposal to lower the rate of refusal, such as:

• Administratively revoking the driving privilege of motorists who refuse to submit to a breath test or subjecting them to criminal penalties for their refusal.
  Florida has adopted both of these methods in an effort to combat their high refusal rate.  In Florida, the first refusal carries with it a one year license revocation and the second refusal is a mandatory 18 month revocation.  Further, the second refusal is an independent criminal charge.  See 2009->Ch0316->Section%201932#0316.1932">Fla. Stat. 316.1932(1)(a);

• Using a refusal as evidence of guilt for the underlying charge of DUI.
  In Florida, a prosecutor can inform a jury that the DUI driver refused to submit to a breath test and argue that the “refusal” is proof of a “consciousness of guilt.” In other words, the driver refused the breath test only because he knew the results would be over the presumptive level of impairment.

• Allow police officers in limited circumstances to secure a blood sample without a warrant, with reasonable force if necessary, from an uncooperative driver.

In Florida, drivers who have been involved in an accident and transported to a medical facility for treatment can be requested to submit to a blood draw if the taking of breath or urine becomes impossible or impracticable. An extreme statutory remedy of a “forcible blood draw” is available only when the driver caused the death or serious bodily injury of themselves or another person.  See 2009->Ch0316->Section%201933#0316.1933">Fla. Stat. 316.1933(1).

Florida Law Enforcement Now Securing
Blood Draws in Routine DUI Arrests

There is currently no statutory limitation on the use of a warrant by law enforcement to secure a blood sample against the will of a person who is routinely arrested for DUI. Consequently, Florida courts are required to look to the Florida Constitution for guidance as to whether new programs designed to collect blood samples at DUI check points or incident to arrest will pass constitutional muster. 

Such programs could be arguably constitutional in Florida because Article I Sect. 12 of the Florida Constitution states that the protections against unreasonable search and seizure are identical to the protections offered by the U.S. Constitution.  Thus, Florida State court judges are instructed by the Florida Constitution to follow U.S. Supreme Court precedent when construing the right against unreasonable search and seizure. Unlike some sister states, Florida affords no greater 4^th amendment protections to its citizenry that those afforded by the U.S. Constitution.  

The Fourth Amendment of the U.S. Constitution provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Under the Search and Seizure provision of the Fourth Amendment of the U.S. Constitution, forcible blood draws subsequent to an arrest for DUI are lawful.  The U.S. Supreme Court in Schmerber v. California, 384 U.S. 757 (1966) has long ago ruled that a blood sample may be taken from a DUI suspect.  The Court in Schmerber determined that blood draws are not prohibited by the right against self-incrimination. The U.S. Supreme Court did of course put a limitation on the collection of blood, by requiring that the blood must be drawn pursuant to a lawful arrest.  

Getting a warrant requires preparation of a sworn affidavit that establishes probable cause and review by an impartial magistrate (Judge). Of course, time is of the essence since alcohol in the blood stream may be eliminated by the human body with the passage of time. For this reason, Florida prosecutors are currently taking steps to streamline the process of securing evidentiary blood samples from persons routinely arrested for DUI.

In Brevard County, the Palm Bay Police Department sought to overcome the limitations of a driver’s refusal to Submit to a breath test. Law enforcement employed a template type document on a word processing machine inside of their mobile breath testing van. They quickly prepared an affidavit requesting the issuance of a search warrant for the extraction of a sample of the Defendant’s blood to test its alcohol content. The arresting officer then executed the affidavit and faxed it along with a proposed search warrant to the home of a local judge. The judge signed the warrant and faxed it back to the officer who transported the Defendant to the hospital for a blood draw that was performed by a certified phlebotomist. It’s important to note that the specimen was taken without the permission and consent of the driver who voiced his objection to same. A subsequent motion to suppress the blood results was denied by the court and the Defendant’s blood alcohol results were subsequently introduced into evidence against him. State v. Isley, 11 Fla. L. Weekly Supp. 1102a (Brevard County, September 15, 2004) See also: State v. Dunning, CT23787AXXX-MA (Duval County, Feb. 13, 2009); State v. McKinnon, CT18431AXXX-MA (Duval County, Feb. 19, 2009); State v. St. George, CT24421AXXX-MA (Duval County, January 29, 2009).

The Isley court found that:

1. The DUI blood draw warrant was in conformity with 2009->Ch0933->Section%2002#0933.02">Fla. Stat. 933.02(2)(a) which authorizes the use of any warrant for property that constitutes the means to commit a misdemeanor, i.e. the mixture of blood and alcohol;

2. Florida’s Implied Consent Law did not preclude the issuance of a search warrant for blood extraction in DUI cases;

How Some Drivers May Be Able To Avoid Blood Draws in Routine DUI Arrests

A close reading of the Isley decision reveals that law enforcement’s request for the warrant to extract the driver’s blood may have been denied by the judge, had the Defendant not assured the police officer that he did not suffer from any medical condition that would be aggravated or affected by the blood draw. For example, had the driver indicated that he suffered from hemophilia or AIDS, the judge would in all likelihood have refused to sign the warrant.

DUI prosecutions are recognized as perhaps one of the most complex criminal cases to litigate. They involve scientific evidence, breath testing administrative rules, DHSMV administrative proceedings, field sobriety testing and a host of evidentiary issues.

If you have been arrested for a DUI in Pinellas County, Florida you need a lawyer with the unique experience and background to thoroughly investigate all of your defenses. You can visit our DUI Web site at: www.duistpetersburglawyer.com for answers to Frequently Asked DUI Questions.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Free consultations that are focused on creating an effective legal strategy to achieve the best possible outcome.
Call 24 Hours: (727) 578-0303

Related Links:

Cops Drawing Blood in DUI Fight

Palm Beach Sheriff's Office Draws Blood at DUI Checkpoint 

There Will be Blood, at DUI Checkpoints

Duval Judges Mull Legality of Forcibly Drawing Blood in DUIs

Technorati Tags: DUI,breath test refusal,blood testing,warrant,Florida,implied consent,checkpoint,Pinellas County,administrative suspension

More Women Being Arrested for DUI

The nationwide DUI arrest rate for women has increased by 28.8% over the past decade and analysts are struggling to pinpoint the underlying cause. During the same time period, the number of men arrested for the same offense surprisingly fell by 7.5%.

The FBI collects national crime data in an effort to examine evolving trends in criminal behavior. There has been much speculation on the exact cause for the dramatic increase in the number of women arrested for driving under the influence.

Criminologist Alfred Blumstein, from Carnegie Mellon believes that the increase in the number of women who drink and drive is part of a much wider social trend. He points to the fact that women are now more encouraged to take on roles that were traditionally exclusive to men. Likewise, women are more commonly indulging in vices that were formerly reserved for men. His theory is bolstered by statistics that reflect that an increase in female arrests for other criminal offenses as well. For example, over the same ten year period the overall arrest rate for women who committed misdemeanor and felony offenses jumped by 6.6%.

Dr. Neil Capretto, of the Gateway Rehabilitation Center in Pittsburg attributes the spike in the number of women arrested for DUI to the increase in “after work” social drinking. The doctor also correctly notes that consuming several drinks will typically raise the blood-alcohol levels in women more quickly than in men.

At Russo & Russo we recognize the unique circumstances of every DUI case. In this regard, one of the tools we employ is sophisticated blood alcohol analysis software made by Meta Progress Corp. to determine the driver’s blood alcohol level at the time of driving. It is important to note that what counts is the blood alcohol level at the time of driving and not at the time of breath testing.

DUI Pro® software recognizes that the rate of alcohol elimination from a female is slower than that of a male. This built-in genetic difference in the sexes therefore places women at a distinct disadvantage when they choose to have a drink or two after they leave the office. Given the fact that women often weigh far less than their male counterparts, the disparity in impairment can be further aggravated.

A charge of DUI in Florida is serious, as it provides for certain minimum/mandatory penalties if you are convicted. It is imperative to consult with an experienced attorney. Your lawyer can carefully evaluate the facts and circumstances of your arrest and often provide you with several options on how to best proceed. Some of the things you should discuss with your attorney during the initial consultation include:

• Asking whether you are eligible to obtain a temporary permit or “hardship’ license that will enable you to continue to lawfully operate a motor vehicle;
• Having your lawyer perform a DUI Pro® software analysis of your breath alcohol level to determine if you were actually below the presumptive level of impairment at the time you driving;
• Inquiring if your case is a good candidate for a reduction to the lesser offense of “reckless driving.”

Visit our DUI Web site at: www.duistpetersburglawyer.com for other Frequently Asked Questions concerning a DUI charge in Pinellas County, Florida.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Free consultations that are focused on creating an effective legal strategy to achieve the best possible outcome.
Call 24 Hours: (727) 578-0303

Related Links:

Questions to ask before hiring an attorney

Our DUI defense credentials

Technorati Tags: DUI,Pinellas County,Lawyer,Attorney,Breath Alcohol Level,Blood,Arrest,Penalties,Reduction,Reckless Driving,DUI Pro Software,Women,Hardship License,Temporary Driving Permit

iPod is now a breathalyzer

Media outlets are reporting an application and plug-in device called "iBreath" that will allow users to gauge their breath alcohol level.  The $79.00 accessory plugs into the dock connector of most iPods currently on the market. The user exhales into a retractable "blow wand" and within a few seconds the unit displays the results. An alarm sounds if the breath test result is over .08. The new iBreath also doubles as an FM radio transmitter that will wirelessly transmit your iPod tunes to the FM radio in your car.

The iBreath device offers users a simpler approach than an earlier iPod application named "Last Call" which merely estimated blood alcohol content and then provided a list of attorneys specializing in DUI defense. The iPod's social connection to the "party scene" seems to be forever growing.  Yet another iPod application on the market entitled "Taxi Magic" hails a local cab with the press of a single button.  Likewise, "Drunk Dial" prevents people from making calls from their iPhone that they might regret in the morning by first administering a timed math question.

The new iBreath application promises accuracy to within .01%. However, keep in mind that "personal breath testing devices" clearly lack important safeguards to regularly confirm their accuracy and reliability through independent calibration testing.  As experience has shown, even court-approved evidentiary breath testing, with sophisticated simulator calibration safeguards don't always guarantee a result that is reliable or trustworthy.  Furthermore, if the iBreath user inadvertently introduces mouth alcohol into the device, (instead of a pure deep lung air sample,) the readings could be further distorted or compromised.

Click here for more in-depth information on breath and blood alcohol content testing.

Click here if you need the assistance of an experienced St. Petersburg / Clearwater Criminal Defense & DUI lawyer - we are attorneys who can help.

Click here to learn possible solutions to your Pinellas County Criminal or DUI charge.

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