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

DUI Checkpoints Not Always Legal

Earlier this year, interim Pinellas County Sheriff Bob Gualtieri announced that his office would be conducting at least one DUI Checkpoint per month in 2012. Our office has found that Gualtieri has followed through with his promise. His focus on impaired drivers is in stark contrast to previous years when budgetary cuts caused a significant drop in enforcement. (See our earlier blog: Pinellas County DUI Arrests Slashed by Fifty Percent.)

Since this announcement, the Pinellas County Sheriff’s Office has conducted a number of DUI Checkpoints. The location of these checkpoints has typically been the heavily trafficked areas of US 19 North in Clearwater, St. Petersburg, Pinellas Park and Palm Harbor.

Are DUI Check Points Legal?

The Fourth Amendment of the United States Constitution protects citizens against warrantless searches or seizures. A seizure can be characterized as a stop of your automobile. However, a law enforcement officer may stop a citizen without a warrant if he or she observes a violation of Florida’s traffic laws or has a “reasonable suspicion” that the individual committed a crime, is committing a crime, or is about to commit a crime.

So how is it that a police officer can lawfully stop and detain a motorist at a DUI Checkpoint where he has not seen any violations of Florida’s traffic laws nor observed any conduct prior to the stop suggesting the driver was involved in unlawful activity? This issue has of course been raised in the appellate courts. Both the United States and Florida Supreme Courts have deemed  DUI Checkpoints constitutional by finding that the government’s interest in deterring impaired driving “outweighs” the intrusion to the public. In so finding, the United States Supreme Court considered three factors:

1) What is the legitimate government interest that will be served by the roadblock?

2) What is the degree to which the seizure will benefit that public interest?

3) What is the severity of the intrusion to the public?

A Valid DUI Checkpoint Must Eliminate Discretionary Police Conduct

To limit the intrusion to the public, Florida Courts have found that law enforcement must abide by written guidelines that limit the discretion of the officers in the field to prevent arbitrary enforcement. (See our earlier blog: DUI Roadblocks and Sobriety Checkpoints in Pinellas County, Florida.)

Recently, the Second District Court of Appeal reinforced this requirement by stating:

“The requirement of written guidelines is not merely a formality. Rather, it is the method this Court and others have chosen to ensure that the police do not act with unbridled discretion in exercising the power to stop and restrain citizens who have manifested no conduct that would otherwise justify an intrusion on a citizen's liberty. In this country the police are not vested with the general authority to set up "routine" roadblocks at any time or place. Rather, law enforcement was placed on notice by our holding in Jones that the stopping and detaining of a citizen is a serious matter that requires particularized advance planning and direction and strict compliance thereafter.”

Deviation from the Written Guidelines Can Result in Dismissal of the DUI Charge

Where a DUI Roadblock plan allowed the supervising deputy discretion to “adjust” the written guidelines while conducting the checkpoint, the Court found that stops related to that plan were unconstitutional. See Guy v. State, 993 So.2d 77 (Fla. 2d DCA 2008). Likewise, a checkpoint was unlawful where the written guidelines failed to address the criteria to be considered by the checkpoint supervisor in making a determination to adjust the frequency of traffic stops. State v. Luke, 14 Fla. L. Weekly Supp. 882 (Fla. Nassau Cty. Ct. July 2, 2007). Even if a DUI roadblock is started before the time that it was scheduled to start, the subsequent stop of an automobile at the checkpoint is unlawful. Campbell v. State, 679 So.2d 1168 (Fla. 1996).

Are Pinellas County DUI Checkpoints More Effective in “benefiting the public interest” then Routine Patrols?

Our office has reviewed the results of some recent Pinellas County Checkpoints and uncovered the following Statistics:

· December 16, 2011 DUI Checkpoint conducted at 370 Alt. 19 in Palm Harbor netted six (6) DUI arrests;

· December 17, 2011 DUI Checkpoint conducted at 26996 US Highway 19 North in Clearwater resulted in only four (4) arrests for DUI; and

· April 27, 2012 DUI Checkpoint conducted at 4501 66th Street North, Kenneth City, FL 33709 resulted in only four (4) DUI arrests.

To put these checkpoint figures in perspective, consider the following routine patrol statistics:

· On December 9, 2011, the Friday before the December 16th DUI Checkpoint, the Pinellas County Sheriff’s Office alone made ten (10) DUI arrests;

· On December 10, 2011, the Saturday before the December 16th Checkpoint, the Pinellas County Sheriff’s Office made nine (9) DUI arrests;

One might argue that law enforcement’s time is more effective in enforcing DUI laws when the police personnel are on routine patrol or in the alternative, conducting a “Wolfpack” operation. (A “Wolfpack” is a saturation of Sheriff’s Deputies patrolling the streets of Pinellas County specifically looking for persons who appear to be impaired while driving.) Keep in mind, that for an officer to conduct a traffic stop while performing his duties associated with a “Wolfpack,” he or she must first observe a traffic violation or have a reasonable suspicion that the motorist has committed a crime. It should be pointed out that our office discovered that in a recent DUI Wolfpack operation, the Pinellas County Sheriff’s Office made seven (7) DUI arrests.

Carefully Examining the Checkpoint in Your Case

Our firm is well-versed in defending the rights of clients arrested at DUI Checkpoints. it is a standard practice of our DUI Defense team to obtain a copy of the written guidelines for the DUI Roadblock via a “public records request” to the law enforcement agency that conducted the stop. At times our careful review of these guidelines will reveal flaws in the plan itself, or in how the DUI checkpoint written operational plan was carried out. Any issues associated with the sufficiency of the written guidelines or the administration of the DUI Checkpoint may result in your DUI Charge being dismissed or the State agreeing to reduce your charge from a DUI to a Reckless Driving.

There are a number of important issues that should be evaluated in deciding whether a roadblock stop was constitutional:

• Did the DUI roadblock begin and end at the times specified in the written plan?
• Did the written DUI checkpoint plan sufficiently limit law enforcement’s discretion in selecting which vehicles were to be stopped?
• Did each officer at the DUI checkpoint have limited discretion in the duties they were assigned and in the duties that they carried out?
• Were some officers required to carry out more than one duty assignment?
• Did the written plan allow for more than one duty to be assigned to a single officer?
• Did the written DUI roadblock plan specifically indicate how the roadblock was to be staffed and by what agencies?
• Were any of the duty assignments specified by the written plan left vacant at the scene?
• Was there any officer who carried out a duty that wasn’t described in the plan at all?
• Did law enforcement have limited discretion to call additional officers to the scene or to expand the scope of the investigation after stopping a vehicle?

If you have been stopped or arrested at a DUI Checkpoint, these are important questions that must be answered. If any question on this list can be answered “No” there is a potential constitutional problem with  the roadblock. If law enforcement failed to strictly comply with the plan or exercised too much discretion, Florida law may very well mandate the exclusion of any evidence gathered against you. You need an experienced and knowledgeable attorney to examine your case and to determine if the stop of your vehicle at a DUI checkpoint was legal.

We Can Help!

If You Have Been Arrested for a DUI at a Sobriety Checkpoint…Put Our Experience as DUI Attorneys to Work for You!
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Related Links:

How to Evaluate the Strengths & Weaknesses of Your DUI Case
Mobile Breath Testing at a DUI Checkpoint
Pinellas County St. Petersburg / Clearwater DUI Penalties

Making a Difficult Decision After an Arrest for DUI

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Florida Legislature Proposes Decriminalizing Suspended Drivers License Offenses and Substituting Hefty Civil Penalties Along With Vehicle Forfeiture

The judges at the Pinellas County Criminal justice Center, along with both our North Count Traffic Court - Clearwater) and South County Traffic Court - St. Petersburg divisions are accustomed to seeing court dockets loaded with persons charged with the offense of Driving While License Suspended or Revoked (DWLSR). In fact, a recent study disclosed that one out of every ten motorists on the highway is operating their vehicle with a suspended or revoked license.

A license suspension can occur from something as minor as a lapse in your automobile liability coverage or an unpaid traffic ticket. Or, it can be court ordered such as in the case of a DUI or drug conviction. The legislature has created a lengthy laundry list of reasons that they contend justify a mandatory suspension of your driving privilege. These include, but are not limited to, “excessive points,” “child support delinquency,” “driving away from a gas pump without paying for the fuel,” “dropping out of high school” and “failing to appear in court for a worthless check charge.”

Our office has previously written about new laws making it more difficult to qualify for a Florida drivers license and the political fixation to drum-up reasons to suspend your drivers license. See:

• Is Florida Hell Bent on Suspending Your License? 
• Many Floridians are Forced to Drive Despite Their Suspended or Revoked License
• Pinellas Motorists Choose Drivers License Suspension Rather Than Pay High Cost of Traffic Citations

These crimes are currently divided between Misdemeanor DWLSR charges and Felony DWLSR offenses. Misdemeanors can carry a fine of up to $1,000.00, along with incarceration in the Pinellas County jail for as much as one year. Felony DWLSR convictions can result in up to a $5,000.00 fine and five years in the Florida Department of Corrections. Prosecutors are quick to ask for jail sentences and judges don’t take to kindly to DWLSR offenses that occur after a court ordered drivers license suspension.

Law Makers Choose Cash over Incarceration

Under a new proposed law, (Florida House Bill 161), although “Habitual Traffic Offender Felony DWLSR” offenses Florida Statute Section 322.34(5) and those DWLSR offenses committed while operating a commercial vehicle Florida Statute Section 322.34(7) would remain criminal charges, all other suspended drivers license offenses would be decriminalized and converted into a simple moving traffic infraction.

But, here is the catch…Those persons cited under the proposed new law will be subject to the following ramifications:

• Regardless of ownership, the motor vehicle they were operating is towed and “immediately immobilized or impounded”;
• For a first offense a $100.00 civil penalty must be paid before the vehicle can be released from impoundment;
• For a second offense a $500.00 civil penalty must be paid before the vehicle can be released from impoundment;
• For a third or subsequent offense a $1,000.00 civil penalty must be paid before the vehicle can be released from impoundment;
• The legislature has mandated that private towing and impoundment companies would be limited to compensation for their services to the extent of only 20% of the collected civil penalties.
• If the civil penalty is not paid within 35 days of impoundment, Florida law would provide for the initiation of civil forfeiture proceedings that would force the sale of the vehicle. Florida House Bill 161 further provides, that 70% of the auction proceeds would then be deposited into the state’s “general revenue fund.”

The citizens of this state do not have to read between the lines of this legislation to understand the motivation by our lawmakers. The new law has nothing to do with a desire to remove the stigma of a criminal conviction and everything to do with raising revenue. Since 2005, over seven thousand drivers have checked into the Pinellas County Jail for driving on a suspended license. Even by conservative standards, holding your car hostage will translate into a new major source of revenue.

Caught Driving on a Suspended License?

Attorneys who can help!

Free consultation: (727) 578-0303

Our DUI website: www.duistpetersburglawyer.com
Our Criminal Defense website: www.defensehelp.com

Related Links:

Follow the Progress of Florida House Bill 161
Don’t Pay a Pinellas Traffic Ticket...Call us First
Learn How to Reinstate Your License After a Suspension
License Plate Cameras Used by Police to Detect Suspended Drivers 
How to Reinstate After Failing to Pay a Traffic Ticket
How to get Your Pinellas Arrest Record Sealed or Expunged
Converting an Out of State License to Florida
Help for First Time St. Pete / Clearwater Offenders
Official Florida Drivers Handbook
Learn if Your License is Under Suspension

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Florida’s Intoxilyzer “Source Code” and the DUI Double Standard

Florida’s “Implied Consent law” mandates that if you “refuse” to submit to an approved breath test after being arrested for DUI, you will suffer an automatic administrative suspension of your privilege to drive.  In fact, on the front of your Florida Driver’s License you will see a reference to the “Implied Consent” law. It says: “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”

Florida’s courts have taken this one step further by ruling that a driver’s refusal to submit to Intoxilyzer testing can be introduced against him at trial by the prosecutor to show his “consciousness of guilt.” You will typically see this card played in closing arguments. The Assistant State attorney looks solemnly at the jury and says “ladies and gentlemen, we know why the defendant refused the breath test, in spite of the fact that his license would be suspended… (dramatic pause)… it was because he knew that if he blew into the machine, he would fail. His refusal to submit to a breath test shows his consciousness of guilt!”

On the other hand, although a refusal to submit to a breath test may carry a driver license suspension, it can also deny law enforcement the opportunity to gather additional incriminating evidence to further assist the prosecutor in securing a conviction. In cases where the underlying driving is not too bad, the accused looks decent on the video taped field sobriety tests, and he smartly avoids making incriminating statements, a “refusal” to submit to the Intoxilyzer can often provide your criminal defense attorney with an opportunity to negotiate a reduction to reckless driving. That is why, despite the threat of driver’s license sanctions, about 41% of Florida drivers arrested for DUI decline the breath test. Florida ranks third in the nation with the highest “refusal” rates.

Florida Expects Full Cooperation of Drivers Arrested for DUI                   

The government expects drivers to submit to breath testing and even imposes penalties for those who refuse to participate in furthering the police investigation. The approval of this practice by our courts is premised on the “legal fiction” that driving is a “privilege” and not a “right.” At the same time, it must be remembered that breath test evidence is typically accorded great weight at a DUI trial. The argument that a driver’s refusal was premised on his “consciousness of guilt” seems to fly in the face of fundamental constitutional principles. More specifically, our system of justice seems to have momentarily forgotten that the State has the burden of proof in criminal cases and that the accused neither has an obligation to prove his innocence, nor disprove his guilt.

Consider this scenario…

A local St. Petersburg resident gets out of work around 6 p.m. He and several co-workers stop by a popular sports bar for a quick beer before going home to their wives and kids. After consuming a single bottle of Budweiser, our target gets in his car and is innocently driving home. (After all, it is not against the law to drink and drive. It is only against the law to consume so much alcohol that your normal faculties are impaired, or that you are operating the vehicle at the presumptive breath alcohol level of .08 or above.) While en route home, a Clearwater police officer stops him, alleging that he “failed to maintain a single lane of travel.” The citizen complies with all of the officer’s requests that he perform roadside field sobriety tests, but to his great surprise, he is ultimately arrested for “driving under the influence.” At the police station, the driver voluntarily submits to breath testing. His cooperation is premised on his good faith belief that he cannot possibly be over the legal limit, since he only consumed a single beer. But, to his astonishment, the machine spits out a .09 B.A.C., which puts him over the legal limit.

The Standard Jury Instruction for Driving Under the Influence provides:

If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

As you can see, our driver is now faced with a presumption of guilt that is preordained by a machine. Determining the accuracy of the Intoxilyzer thus becomes paramount to achieving a just and fair determination of his guilt or innocence.

Just Trust Us…The Breath Test Machine is Okey Dokey!

What if the State of Florida or its witnesses have potentially exculpable evidence in a DUI case, yet “refuse” to disclose it? Without a sanction, such conduct certainly appears to represent a double standard. Yet, that is precisely what the the manufacturer of the Intoxilyzer 8000 has been up to for years. This breath testing machine relies upon computer software which is commonly referred to as the “source code.” This source code consists of lines of computer “language” that instructs the device on how to properly function. An elementary example of a line of code in the machine’s source code might be “IF ‘R’, THEN Display ‘REF’.” In other words, if the breath test operator presses the “R” button on the keyboard, the instrument is instructed to record the breath test as a “Refusal.”

A criminal defense attorney in Florida’s panhandle is amusingly fond of saying, “without the Source Code, the Intoxilyzer 8000 would be nothing more than an expensive paper weight.” This analogy drives home the point of just how important the source code is to the operation of the breath testing machine. Yet, police officers who routinely request breath samples typically have no idea what the source code is. In fact, most have never even seen the inside of an Intoxilyzer. This is because the rules for breath testing promulgated by the Florida Department of Law Enforcement (FDLE) prohibit any internal inspection of the mechanical and electrical components inside of the Intoxilyzer by law enforcement personnel.

Despite the critical importance of source code to the accuracy of breath testing, criminal defense attorneys in Florida have been forced to tirelessly litigate in their efforts to seek the release or inspection of the Source Code. Such requests have been met with both opposition from prosecutors and evasive conduct on the part of the machine’s manufacturer. Despite court orders demanding release of the Source Code and the imposition of daily coercive fines for the company’s failure to so comply, there has been much reluctance to release the code. The company contends that its “intellectual property” is at risk if the source code is revealed

With its back against the wall and court fines mounting, late last year the manufacturer finally allowed several Florida attorneys and computer engineering experts to examine the source code for the Intoxilyzer 8000. During this controlled examination (all parties had to sign non-disclosure agreements prior to the viewing), the engineers discovered that the manufacturer was no longer in possession of the “primitive versions” of the source code. The company’s chief engineer explained that the source code notes for versions 8000.0 through 8000.13 had simply been lost. (Imagine Bill Gates saying that he had simply “lost” the computer code for the poorly received “Windows ME” operating system.) 

It is important to note that in Florida, the Intoxilyzer 8000 currently runs on software labeled 8000.27. Yet, when the machine was originally inspected and approved for use in Florida by the Department of Transportation, the instrument subject to testing and review utilized one of the “primitive source code” versions. Accordingly, the source code version that was approved for use in Florida can no longer be examined by defense experts because it has been conveniently lost by the manufacturer. 

Despite not having this code, the experts pushed on and continued the examination of source code versions 8000.26 and 8000.27. During this viewing, it was determined that a mechanical component of the machine known as the “Digital Signal Processor” or “DSP,” had its own source code. The defense expert timely asked the manufacturer for the opportunity to review the DSP source code. Given the past history, it was no surprise that this code was produced 50 minutes after the inspection session was over. This evasive conduct begs two questions:

1. What does the manufacturer of the Intoxilyzer 8000 have to hide?

2. Does the conduct on the part of the manufacturer suggest a consciousness  of guilt?

Criminal defense attorneys continue in their pursuit of the inner workings of the Intoxilyzer 8000 and a full report by computer engineering expert, Harley R. Myler is expected shortly. In the mean time, breath testing admissibility continues to be subject to great scrutiny on the part of Criminal Defense Attorneys. There are a host of areas that an experienced lawyer can find non compliance with Florida Law.

Consider Just a Few Lines of Attack:

• Was the Breath Test Machine used in your case registered with the Florida Department of Law Enforcement pursuant to Florida Administrative Code 11D-8.003(2);
• Was the Intoxilyzer 8000 subject to annual inspections by the Florida Department of Law Enforcement each calendar year that it has been in use for evidentiary breath test collection pursuant to Florida Administrative Code 11D-8.004(3);
• Was the instrument timely checked for routine calibration by the “Agency Inspector” once per each calendar month since the machine has been placed in service pursuant to Florida Administrative Code 11D-8.006(1);
• Do the results from the calibration checks show that the accuracy of the machine is in substantial compliance with the provisions of the Florida Administrative Code pursuant to Florida Administrative 11D-8.002(1);
• Was the breath test operator properly certified to conduct evidentiary breath tests on persons accused of drunk driving pursuant Florida Administrative Code 11D-8.002(17);
• Was the person who performed the monthly inspections of the calibration of the Intoxilyzer 8000 properly trained and licensed to conduct routine maintenance checks pursuant to Florida Administrative Code 11D-8.002(5) and 11D-8.008(2);
• Was there a sufficient volume of breath sample (1.1 liters of air) introduced into the Intoxilyzer 8000 which is necessary to return a scientifically reliable test result pursuant to Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission, Breath Test Operator Course, Section 3.7, Page 13.
• Were there two breath samples obtained by law enforcement pursuant to Florida Administrative Code 11D-8.002(12);
• Were the two breath samples collected within fifteen minutes of one another pursuant to Florida Administrative Code 11D-8.002(12);
• Were the numerical breath test results of the two breath samples within .02 grams of alcohol per 210 liters of breath pursuant to pursuant to Florida Administrative Code 11D-8.002(12); and
• Did the Agency Inspector and Breath Test Operator timely receive “continuing education” to renew his or her permit as required by Florida Administrative Code 11D-8.008(3) and 11D-8.008(4).

About the Author:

Criminal defense attorney Timothy Sullivan has a wide-range of practical experience in the defense of DUI cases. His background includes a focus on the specialized and unique training law enforcement officers rely upon when making a DUI arrest. As a former Pinellas prosecutor, Tim learned street-level DUI enforcement tactics from the inside.  He quickly rose through the ranks of the local State Attorney’s office and was selected to run the North County Traffic court division. Tim was thereafter promoted to “Lead Trial Assistant” and supervised other Assistant State Attorneys in their prosecution of DUI cases. He went on to serve as an Adjunct Professor for the. Florida Public Safety Institutes DUI Program at Tallahassee Community College

Tim has invaluable insight into the strategies often employed by both police officers and prosecutors. He completed the same specialized DUI education and training that law enforcement officers attend by achieving certification to operate the Intoxilyzer 8000. However, his training did not end there.  Tim went on to acquire  “state inspector certification” necessary to review the maintenance and calibration of breath testing machines before they can become legally employed by a police department to gather evidence in DUI cases.

Tim received a scholarship from the University of North Florida to attend the “DUI Drug Recognition Expert Program.” There, he studied alongside DUI Squad Officers in the complex area of Drug-Impaired Driver detection.  In addition, Tim has received advanced training in DUI Defense at the National College of DUI Defense at Harvard Law School. His intimate knowledge of his adversary’s strategies and tactics can translate into valuable insight used for the benefit of his clients in court.  

If you have been charged with a DUI in St. Petersburg, Clearwater, or any area within Pinellas County, Tim Sullivan is a defense attorney well qualified to help.

See: Why Choose Us to Help With Your DUI Charge?

Have You Been Arrested for a DUI in Pinellas County?

Call a Team of Former State Prosecutors!
Committed to  Preserving Your Driving Privilege

St. Petersburg & Clearwater Area DUI Arrests:

Review our DUI website: www.duistpetersburglawyer.com
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Free consultations: (727) 578-0303

Related Links:

How to Safeguard Your Driving Privilege After a Pinellas DUI Arrest
How to Get Your Drivers License Back After a DUI Arrest
How to Get Assistance Securing a Hardship License
How to Evaluate the Strengths & Weaknesses of Your DUI Case

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Red Light Camera Locations in St. Petersburg, Kenneth City, Clearwater, Largo, Treasure Island & Tampa

A recent highway safety report listed the nation’s most dangerous places to drive and Florida had the unflattering distinction of making up one-third of the total list. Even more surprisingly, St. Petersburg ranked within the top 15 cities in our nation for your having the greatest likelihood of a motorist being involved in an accident.

Our fatality rate of 14.97 per each 100,000 residents is an example of the type of statistics used by Tampa Bay citizens who support red light cameras. On the other hand, opponents of the cameras contend that these electronic “robo-cops” are simply a revenue generating scheme designed to bail out the government during these tough economic times. They point to a University of South Florida study that revealed that red light cameras actually increase the number of rear end crashes. This unintended result can often occur when drivers, without warning, slam on their brakes at monitored intersections. Rather than risk receiving a ticket by proceeding through a yellow light, these overly cautious motorists can catch the driver behind them off guard when they make an unanticipated sudden stop.

Regardless of which side of the controversy you find yourself, it is a good idea to be aware of the locations:

Red Light Cameras Locations:
St. Petersburg, Kenneth City, Treasure Island,
Largo, Clearwater & Tampa

Pasadena Ave & Gulfport Blvd	Pasadena Ave & Shore Drive	Pasadena Ave & Sailboat Key	Pasadena Ave & Park St. S.
4th Street & Gandy Blvd.	4th Street & 54th Ave. N.	4th Street & 22nd Ave. N.	6th Street & 5th Ave. S.
34th Street & 38th Ave. N.	34th Street & 1st Ave. N.	34th Street & 1st Ave. South	34th Street & 22nd Ave. S.
66th Street & 38th Ave. N.	66th Street & Tyrone Blvd.	66th Street & 22nd Ave. N.	49th Street & 22nd Ave. S.
SB 66th St. N & 46th Ave. N	58th Street & 46th Ave. N.	Gulf Blvd. & 107th	119th Street & Ulmerton Rd.
Belcher & Gulf to Bay	Missouri Ave. & East Bay Dr.	US 19N & Sunset Point	Drew Street & Belcher Rd.
East Bay & Belcher Rd.	Ulmerton Rd. & 119th Street	Park Blvd. & Starkey Rd.	Gulf to Bay & Arcturas
Hillsborough Ave. & Harney	E. Fowler & 56th Ave.	S. Dale Mabry & Gandy Blvd.	Habana & W. Sligh Ave.
Waters Ave & Sligh Ave.	Fletcher & Bruce B Downs	Waters Ave & Anderson	McDill Blvd. & Sligh Ave.
W. Waters & Anderson Rd.	Gandy Blvd. & Manhattan	Himes & Columbus Dr.	Sheldon Rd. & Ehrlich Rd.
Tampa Rd. & Forest Lake	Dale Mabry & Waters Ave.	Henderson Rd. & Linebaugh	I-275 and Fletcher Ave.
Town Ctr Blvd & Providence	Northgreen & Dale Mabry	Madison & 78th Street

How We Can Help

• If you receive traffic ticket / citation or you are arrested for a  misdemeanor or felony criminal charge arising out of the St. Petersburg / Clearwater area, we are lawyers who can help.

• If you believe there is an “outstanding Pinellas county warrant” for your arrest, we can discuss your possible remedies right over the phone.

• You can review and consider a variety of possible solutions to your case and explore methods to avoid a criminal conviction

• Selecting the right attorney to handle your traffic ticket or criminal charge
  

  
  The Law Offices of Russo & Russo
  Former State Prosecutors
  9721 Executive Center Drive North
  Suite #120
  St. Petersburg, FL 33702

Contact our office to discuss your options: (727) 578-0303
Free consultations

Visit Our St. Petersburg / Clearwater / Pinellas Criminal Defense Website: www.defensehelp.com
See our New Prescription Drug Fraud Website: www.floridaprescriptionfraud.com
View a Website Dedicated to only Pinellas DUI Defense at: www.duistpetersburglawyer.com
Pinellas Personal Injury FAQ’s : www.injuryorarrest.com
Can’t Work? Consider Your Eligibility for Social Security Disability Payments www.mydisabilitylawfirm.com
St. Petersburg Traffic Ticket Clinic Attorneys: http://www.defensehelp.com/solutions-defenses-criminal-charge/stpetersburg-clearwater-traffic-ticket-lawyer

Links:

Smart Phone App Warns Drivers of Approaching Red Light Cameras & Speed Traps
Tampa Bay area Citizens Said to Approve Use of red Light Cameras
Your Florida Drivers License Status
Driving on a Suspended License Charge in Pinellas County
View a Map of Red Light Camera Locations in the Tampa Bay Area
How to Seal Your Record of Arrest in St. Petersburg / Clearwater / Pinellas

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Many Floridians Forced to Drive Despite Their Suspended or Revoked license

A recent study by the traffic researching firm Data Nexus, Inc. revealed that nationally, about one out of every ten motorists on the road is operating with a suspended or revoked drivers license. Florida statistics are actually higher than the national average. Authorities in the "sunshine state" confirm that out of our 15.4 million drivers, 2.2 million are currently suffering a suspension or revocation (meaning essentially, one out of every seven Florida drivers is on the road unlawfully).

Unpaid Traffic Tickets Lead the Pack in Drivers License Suspensions

Our office has previously commented on the great number of ways the DHSMV can justify the suspension of your driving privilege. See: Is Florida Hell Bent on Suspending Your Drivers License? However, the worsening economy is making the task easier. It seems that in the first seven months of this year alone, the Clerks of Court throughout our state have forwarded 2,479,525 "D-6" indefinite suspension notices to Tallahassee as a result of unpaid traffic fines.  More Floridians suffer a drivers license suspension as a result of failing to pay a traffic ticket than for any other reason. (i.e. DUI convictions, failure to meet child support obligations, excessive points, etc)

Ways to Deal With a Traffic Ticket Without a Lawyer

Ignoring a traffic citation is of course the easiest way to suffer a drivers license suspension. Motorists have a statutory obligation within 30 days of the issuance of the citation to take one of the following four courses of action:

1.  Visit the local Clerk's office and pay the ticket with cash, check or a credit card. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
2.  Visit the Clerk's "Payment Kiosks" at the Mid-County Tax Collector's Office at 13025 Starkey Road, Largo or at the North County Tax Collector's Office located at 29399 US 19 North in Clearwater and pay the ticket with cash, check or a credit card. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
3.  Pay the ticket with a check or money order using the envelope you received from the law enforcement officer. The envelope can be placed in the U.S, Mail after affixing proper postage, or placed in one of the "Drop Boxes" located outside of the Clerk's Office locations. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
4.  Pay the ticket online with a credit card using the Pinellas County's Payment Center. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
5.  Pay the ticket by telephone using an automated payment line at: (727) 464-4846 that accepts Visa, Master Card and American Express credit cards. (3.5% service fee) (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
6.  Pay the ticket with cash at any Amscot ($2.00 service fee) or Ace Cash ($1.50 service fee) location. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
7.  Visit the Clerk's Office and make an election, if eligible, to attend a "driver improvement" course in contemplation of Florida Rules of Traffic Court, Rule 6.330 and Florida Statute Section 318.14(9). Once you make this election, and paid the full civil penalty, you have sixty days to provide proof of completion of the course to the Clerk's office. (This strategy will result in you receiving a "Clerk's withholding of adjudication." No points will be assessed against your D/L record and your insurance premium cannot be impacted.); Note that the election to complete a driver improvement course can not be made more than one time in a twelve month period or more that five elections in a lifetime. For more information, see: Electing to Attend Traffic School;
8.  Visit the Clerk's office and pursuant to Florida Rules of Traffic Court, Rule 6.630(d) request that your case be set for an infraction hearing in the evening hours before a traffic court magistrate. (Outcome unknown and dependant upon magistrate's ultimate finding of "guilty" or "not guilty."). See: Florida Rules of Traffic Court, Rule 6.450 for the procedural method of administering a traffic court hearing.
9.  Visit the Clerk's office and pursuant to Florida Rules of Traffic Court, Rule 6.630 (m)-(n) request that your case be set for a daytime  infraction trial with a regular county court judge. (Outcome unknown and dependant upon judge's ultimate finding of either "guilty" or "not guilty.");

Don't Just Pay the Ticket!

In a recent news article that focused on Pinellas County Traffic Tickets dated September 6th, 2011, the St. Petersburg Times noted that

"An attorney can make a difference, pointing out technicalities or errors on the citation that may lead to dismissal or a lesser penalty. Cases may be dismissed if no witnesses appear to testify."

If you simply pay the ticket, the DHSMV will assess points against your drivers license. Your insurance premiums will be impacted and your driving privilege could be jeopardized.

See: The Four Things They Don't Want You to Know About Traffic Tickets

The Cost to Secure a Lawyer's Help is Probably Less Than You Think

Our office only handles ticket cases arising out of  Pinellas County. This provides us with the efficiency afforded by not having to travel to the neighboring counties of Pasco, Hillsborough or Manatee. We have the privilege of  routinely appearing in front of the same Pinellas County traffic court judges on almost a daily basis. Hiring a lawyer to handle your Pinellas County traffic ticket may therefore be less expensive than you think. When you weigh our legal fee to the additional expense incurred by an increase in your insurance premiums and other potential driver's license ramifications, we believe you will find the benefit may far exceed the cost.

Avoid Attending Court & Avoid an Absence from Your Job

As experienced St. Petersburg / Clearwater traffic ticket lawyers, we may be able to satisfactorily resolve your ticket without the inconvenience of your having to appear in traffic court.

"I am Guilty... But With an Explanation"

The facts & circumstances of your traffic stop might not justify an outright dismissal of your traffic ticket. Nevertheless, at times, we can explain to the judge the unique set of facts associated with your case and the importance of maintaining your driving privilege so as to not jeopardize your employment. This strategy can be effective in many cases in avoiding a formal conviction and the points that would otherwise accrue on your driver's license record.

Seeking No points & No Driving School

We can intervene on your behalf with the St. Petersburg or Clearwater Traffic Court Judge. Your Judge has the authority and discretion to save you points on your driving record & he can waive your need to complete a driver improvement course or attend driving school.

The Perils of Driving on a Suspended License

Regardless of whether you were arrested or received a "notice to appear," Florida Statue section 322.34(2) makes it a criminal offense if you knowingly operate a motor vehicle while your drivers license is suspended or revoked. Getting caught three times within a five year period complicates matters further, since the the DHSMV will declare you a "habitual traffic offender" pursuant to Florida Statue section 322.264 and administratively suspend your privilege to drive for an additional five year period.

Only too late do motorists sometimes discover their drivers license has been suspended because of their failure to maintain automobile liability insurance or pay child support obligations. (Financial responsibility suspensions) Others, get caught up in the confusion associated with the question of whether a valid drivers license is required to operate a moped, goped or electric scooter.

First time offenders are justifiably concerned about having a criminal record, should they be convicted of driving on a suspended license. In many circumstances, driving on a suspended license in Florida can even be charged as a felony offense. Furthermore, prosecutors with the Pinellas County State Attorneys Office will typically seek a jail sentence for individuals convicted of driving on a suspended license:

• Where the underlying suspension or revocation  was caused by a DUI conviction;
• Where the driver has previously been convicted of driving on a suspended license one or more times in the past;
• Where the individual has previously been declared a "habitual traffic offender"
• Where the motorist was operating under a drivers license suspension caused by his refusal to submit to a breath, urine or blood test.
• Where the underlying drivers license suspension was caused by a drug conviction mandated by Florida Statute section 322.055
• Where the accused has a bad driving record, or his charge of driving on a suspended license is accompanied by an accident, aggressive or reckless driving.
  

Learn Some of the Tactics Used by Pinellas Lawyers to Defend Clients Charged With Suspended License Offenses

Charged with Driving on a Suspended License?

Call a Team of Former State Prosecutors
(727) 578-0303

Discuss Possible Solutions Right over the phone

 

Related Links:

Red Light Cameras Going up in St. Petersburg
Understanding the charge of Leaving the Scene of an Accident
Are You a Probation Candidate?
How to Check Your Florida Drivers License Status
Florida Highway Patrol Targets Aggressive Drivers
Determine Who is Your Pinellas Judge
Suggestions on Selecting the Right St. Petersburg / Clearwater Attorney



"Trapster" Smart Phone Application Warns of Local Speed Traps 

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What Happens if a Police Officer Fails to Show at a DHSMV Formal Review Hearing?

When a driver in Florida is arrested for DUI, the Florida Department of Highway Safety, Division of Drivers Licenses imposes a 6 month "administrative" drivers license suspension for a .08 breath test or above. The suspension period is bumped to one year if the motorist refused to submit to the Intoxilyzer machine.  This suspension is in addition to the Florida minimum mandatory DUI penalties the driver would suffer if he were to be convicted of the offense in court.

However, the U.S. Constitution provides for "due process," which generally means the government cannot take a property interest from you without an opportunity for your attorney to be heard at a hearing where he can raise defenses and challenge the government's intended action. In the case of these DUI related administrative suspensions, this due process right translates into what is called a "DHSMV Formal Review Hearing."

Although requesting a Formal Review Hearing typically results in the issuance of a temporary driving permit, this hearing should not be confused with a business or employment hardship license hearing. The purpose of a Formal Review Hearing is to challenge the administrative suspension, whereas a hardship license hearing typically takes place after a driver has been convicted of the DUI in court and he seeks limited driving privileges during his court imposed drivers license suspension period.

Lawyers across the state often express frustration at the manner in which these DHSMV Formal Review hearings are sometimes conducted. DHSMV Hearing Officers are neither lawyers or judges. In fact, they have no formal legal training and yet are expected to rule on complex issues of law. This shortcoming can often result in rulings that are inconsistent with Florida statutory law or appellate court decisions. An unjust ruling can necessitate an appeal to the Circuit Court, where a panel of three "authentic" judges reviews the action of the DHSMV to decide if the DHSMV Hearing Officer's decision should be overturned.

Sometimes, even after being directed by the Circuit Court to "clean up their act," the DHSMV will continue down the same course of inappropriate rulings. Not only can this be frustrating to the attorneys, but it can be equally exasperating to the court system. See two appellate court opinion excerpts below that illustrates this point:

"This court finds on this record a Due Process violation so obvious that Respondent (DHSMV) should have recognized it. This court is concerned about repeated Due Process violations by Respondent at Formal Review Hearings on administrative drivers license suspensions even after entry of opinions in this circuit identifying those violations and granting certiorari."

_The Honorable L. Haldane Taylor, Brown v. Department of Highway Safety and Motor Vehicles, (Fla. 4th Cir. Ct., September 13, 2003)

"This court is cognizant of the consistent pattern of Due Process violations by the Department of Highway Safety and the Bureau of Administrative Reviews in this circuit. Previous warnings, including prior orders, have gone unheeded. Prior orders awarding attorney's fees and costs have had no affect. Thus, the sanction of imposing attorney's fees under these circumstances is an appropriate remedy for DHSMV's repeated bad faith and inequitable conduct."

_The Honorable Charles O. Mitchell, Jr., Lovely v. Department of Highway Safety and Motor Vehicles (Fla. 4th Cir. Ct., Nov. 1, 2004)

Our office handles a large number of Pinellas County (St. Petersburg / Clearwater) DUI cases in criminal and traffic court. (See: Why choose us to help with your Pinellas DUI.) We also routinely challenge the administrative suspensions at the DHSMV level. Sometimes, a law enforcement officer (often the arresting police officer) is subpoenaed to appear at the DHSMV Formal Review Hearing, but fails to show. In the past, an officer “no show” was an automatic win for the driver. As a result, his administrative drivers license suspension, caused by a .08 B.A.C. or above, or his administrative suspension caused by his refusal to submit to the Intoxilyzer would be invalidated.

However, the DHSMV has now taken the position that the officer's failure to appear no longer causes an automatic win for the driver. Instead, the motorist's attorney is expected to seek enforcement of the subpoena through the Circuit Court in a "show cause" hearing. To commence this ancillary and corrective proceeding, the driver is required to pay a $400.00 filing fee with the Clerk of Court. The DHSMV, in turn will grant an extended driving permit for the motorist to continue lawfully driving until after the matter is heard by the court and remanded back to the DHSMV. As unfair as this may sound, Circuit Court judges will limit their involvement to typically reprimanding the police officer for his failure to appear and instruct him to properly show up at the next DHSMV hearing. 

Our view is that the policy taken by the DHSMV is clearly inconsistent  with a ruling on May 20th, 2011 in Pfleger v. State of Florida, DHSMV which was decided by the Pinellas Circuit court acting in its appellate capacity on May 20th, 2011. The court in Pfleger found that  is improper to require the motorist to seek relief in the form of a "show cause" hearing. The court further stated that when a material witness fails to comply with a subpoena that commands his attendance at a  DHSMV formal review hearing, DHSMV must rule in the driver's favor and invalidate the administrative suspension.

Our office has recently filed an appeal to the Pinellas County Circuit Court requesting the court to order the DHSMV to reimburse our client for attorney's fees and court costs due to the DHSMV's failure to follow the Pfleger decision. It is our belief that if the DHSMV is sanctioned financially, the agency will thereafter correct its future rulings to the benefit of our future and current clients.

This example is but one scenario arising out of the DHSMV administrative review hearing. There are a multitude of legal and factual issues that can be explored by our office in seeking to overturn an administrative driver license suspension. Throughout the years, our office has handled hundreds of these hearings. As a result, we have developed a keen eye for identifying the issues and arguments that may lead to getting your driver's license back.

Have You or a Relative Been Arrested for a DUI?

Call a Team of Former State Prosecutors!
Lawyers to Help Preserve Your Driving Privilege

For St. Petersburg / Clearwater DUI Arrests:

See our DUI website for more info at: www.duistpetersburglawyer.com
See our Criminal Defense website at: www.defensehelp.com

Free consultation With a DUI Defense Lawyer : (727) 578-0303

 

What  Qualifications to Consider When Selecting a DUI Attorney

 

Related Links:

Learn about Florida DUI Hardship License Tips
How to evaluate the merits of a Florida DUI Case
Getting an Immediate Head Start after being Arrested for DUI
Info for Out of Town Drivers arrested in St. Petersburg / Clearwater

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Pinellas Motorists Choose Drivers License Suspension Rather Than Pay High Cost of Traffic Citations

The economy is hitting the government where it hurts the most...in its pocketbook. Major declines in consumer spending have had a detrimental affect  on sales tax revenues. The drop in property values has resulted in a corresponding decrease in property tax revenue. Just pick up a newspaper and you can read about local municipalities crying the blues about record budgetary deficits.

A Plan to Address the Budget Deficit - Go After Law Violators

The politicians have been striking back with a rather simple plan...cut spending, and raise revenues. There is often much debate by your elected officials on which public programs to trim or eliminate. On the other hand, it is much easier to get bipartisan support on bills designed to raise taxes, increase fees, and bolster fines. Citizens who violate the law are an appealing target to the legislature because they don't earn public sympathy.

Starting in 2009, Florida lawmakers passed measures designed to produce over $63 million in revenue from motorists who commit traffic infractions. Here are a few of the money making changes that Pinellas county motorists are now forced to contend with:

• All traffic infraction fines were boosted by $10.00;
• Every Pinellas ticket also gets assessed an extra $30.00 in court costs;
• Tack on another $3.00 for drivers education safety programs;
• Include a surcharge of $3.00 to benefit teen court;
• Bump the obligation another $2.00  to support public safety applicant screening;
• Add a mandatory $25.00 increase for unlawful speed citations where the motorist exceeded the posted speed limit by 15 to 29 miles per hour;
• Eliminate the former 18% discount motorists previously enjoyed if they agreed to attend an online or classroom driver improvement course;

Receive a Traffic Ticket?  Tallahassee says..."Dig Deep in Your Wallet"

Given all of the statutory increases, the following are just two examples of the "damage" that can be caused to your personal household budget in the spirit of helping the government's budge woes:

• Motorist cited for 48 MPH in a 35 MPH zone: $206.00 Fine;
• Motorist cited for 35 MPH in 15 MPH School or Construction zone: $456.00 Fine.

Increased Ticket Fines Produce Unintended Results

Few  people could have foreseen the actual affect that raising fines for traffic tickets would cause. Instead of raising revenue, the amount of monies collected by the clerk of court for traffic ticket fines actually decreased. And here is the real "kicker,"... the drop in revenue came about despite the fact that police officers were actually writing more tickets!

In 2010, St. Petersburg Police officers wrote 1,751 more tickets than they issued the previous year. Yet, despite the increase in citations and the rather generous hike in fines, $65,000 less revenue was actually collected. The Pinellas county Clerk of Court has calculated that at the current rate, an additional 1,970 more tickets will be written in St. Petersburg in 2011 than was issued in 2010. Yet, revenue in 2011is predicted to drop even below that collected in 2010. In other words, not only did the plan to raise revenue fail, but the effectiveness of the policy is getting worse. Put simply, 2011 will see the St. Petersburg Police Department issue 3,484 more tickets than they did in 2008. Yet the Clerk of Court will collect $206,278 less in revenue.

Have St. Petersburg Motorists Reached Their Limit?

In the 1976 satirical movie "Network," actor Peter Finch rants on a network newscast, "I am Mad as Hell & I'm Not Going to Take this Anymore." He persuades his television audience to join him in yelling the refrain out of the windows of their homes, so that the government will wake up and take appropriate action. The film won four academy awards and 24 years later was chosen for preservation in the United States National Film Registry by the Library of Congress because of its cultural, historical and aesthetic significance.

Many of St. Petersburg motorists seem to have reached their own "tipping point." They are struggling with their family finances and appear "mad as hell" at the government. They outraged by the government's exorbitant fine increases. Many are also forced to choose between paying to put food on the table for their family and paying and the high fine associated with their traffic citation.

The Government Responds by Suspending Driving Privileges

The intentional failure to pay a traffic citation might represent a  formal protest over the current state of affairs. It may also add credence to the expression that you "can't squeeze water from a stone." However, the one thing you can count on, is that it will cause your drivers license to be "indefinitely suspended." (See: Florida Statute Section 322.245) What that means is that unlike a point suspension, a "failure to pay" suspension will not automatically terminate after a given length of time. Rather, the suspension continues until such time as the motorist is either found "not guilty" of the offense, or pays the ticket. Thereafter, the driving privilege can only then be reinstated after paying a $60.00 "D-6 suspension reinstatement fee" to the Florida Department of Highway Safety, Division of Drivers Licenses. 

Driving on a Suspended License

Since 2005, more than 7000 people have been booked into the Pinellas  County Jail  on charges of Driving While License Suspended or Revoked (DWLSR). That is because, knowingly driving on a suspended license in Florida is a criminal offense. There are several common scenarios where driving on a suspended license can be a felony offense. (For example, multiple offenders and persons suffering Habitual Traffic Offender suspensions.)

A felony criminal charge can greatly impact educational pursuits, occupational licensing and employment. Being convicted of a felony charge carries a substantial  fine and the possibility of being sentenced to a term of imprisonment in the Florida Department of corrections. (State Prison)

We Can Help!

Knowing your Florida drivers license status is important before getting behind the wheel of your vehicle. However, if you find yourself charged with driving on a suspended or revoked drivers license in St. Petersburg, Clearwater, Pinellas Park, Kenneth City, Largo, Gulfport, St. Pete Beach, Treasure Island, Maderia Beach, or any other area within Pinellas County...We Can Help!

At a free consultation, our office can assist you in the following ways:

• We can print your complete drivers license record and diagnose the source of the suspension;
• We can instruct you on ways to reinstate your driving privilege or in the alternative, possibly qualify for a hardship drivers license;
• We can explore the legality of the traffic stop, whether the prosecutor can prove the identity of the driver and other possible defenses;
• We can examine whether the prosecutor can meet the proper prerequisites for felonization of the DWLSR charge and if we can seek a reduction to a misdemeanor offense;
• We can determine if the prosecutor can meet his burden by proving that you "knew" your drivers license was suspended before being told by the law enforcement officer;
• If it appears that the facts and the law are against you, we can review your reasons for driving and any other mitigating circumstances to enhance our efforts to avoid jail, consider probation, and to avoid a formal conviction through a withhold of adjudication.
  

Arrested for Driving on a Suspended License?

We can help!

Free consultation: (727) 578-0303

Our DUI  website: www.duistpetersburglawyer.com
Our Criminal Defense website: www.defensehelp.com

Related Links:

Before You Pay a Pinellas Traffic Ticket...Call us First
FAQ by DHSMV on Reinstatement After Suspension or Revocation
How to Clear a Suspension for Failure to Pay a Traffic Ticket
The Benefits of Having Your Pinellas Arrest Record Sealed or Expunged
First Time Pinellas Offenders

Technorati Tags: Pinellas,St. Petersburg,Clearwater,Driving on suspended or revoked license,fines,Florida,traffic infractions,increased ticket fines,D-6,failure to pay,DWLSR,misdemeanor worthless check,felony,Pinellas Park,Largo,Treasure Island,Maderia Beach

 

 

 

 

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

DUI Enforcement Takes to the Skies

The tried and true method of issuing speeding tickets typically entails a officer in a police cruiser using radar or a laser to track your vehicle's speed. But, last year, fixed wing Cessna aircraft piloted by law enforcement issued approximately 45,000 Florida traffic citations. About 38,000 of those infractions involved speeding violations.

A Simple Stop Watch

Unlike apprehending speeders on the ground, catching them in the air does not involve any radar or laser equipment. Instead, operators of these traffic control planes rely on a stopwatch and fixed points of distance measurement on the road. Armed with these fairly simple tools, pilots are able to measure how fast a car travels from point "A" to point "B" and calculate how fast that driver was going. If the driver is speeding, the pilot merely radios down to ground support, directing them to pull over the suspect vehicle.

An Eye in the Sky

But don’t let the simple stop watch fool you. While these pilots might be engaged in catching speeders most of the time, they are still on the lookout for drunk drivers. Captain Matt Walker, the Florida Highway Patrol’s chief pilot, says that there are about 150 arrests made each year where pilots have spotted impaired drivers and thereafter radioed their fellow officers who have effectuated an arrest.

Pilots can tell if a vehicle is being operated erratically or if it fails to drive in a single lane. They are also able to spot aggressive driving or even vehicles that are being operated to slowly given the posted speed limit and traffic pattern. This "eye in the sky" can often give them a unique perspective; almost akin to the camera angle of the Goodyear Blimp focusing on the football action down below.

What Happens Next

If the motorist is ultimately arrested for DUI, he may even be subject to "on the spot" mobile breath testing, which arguably lends greater credibility to the results since the breath test samples are secured in close proximity to the motorist's time of driving. If the DUI impairment is suspected to be related to drugs,as opposed to alcohol, Florida's Implied Consent Law will mandate the driver provide a urine sample or suffer the administrative suspension of his privilege to drive for twelve months. However, a lawyer can challenge these administrative suspensions at a DHSMV hearing

If You Are Arrested For DUI...

Getting charged with a DUI can lead to complex consequences and can, justifiably, be a very difficult time in someone's life. The most pressing issue is getting your drivers license back. If you are arrested for DUI in St. Petersburg, Clearwater, Gulfport, Largo, or other city within Pinellas County, we can help. We can explain the necessary steps needed to safeguard your driving privilege. We can also do a thorough evaluation of your DUI case and explain all of your options.

The penalties connected to a DUI conviction in Florida have continued to become increasingly severe after each legislative session. As such, somebody convicted of their first DUI may now face a long list of counseling requirements, a DUI instruction course, community service, fines and in some cases even the installation of an ignition interlock device on their vehicle. Additionally, there are numerous other "side effects" of being convicted of DUI, including high insurance premiums and mandatory driver's license suspensions.

We are Former State Prosecutors Who Have Learned Street Level DUI Enforcement Tactics From the Inside - We Can Help!

Russo & Russo are attorneys representing clients charged with DUI and other criminal offenses arising out of St. Petersburg, Clearwater, and all other areas of Pinellas County.

Call Us For a Free Consultation: (727 578-0303

Visit All of Our DUI Website Pages at: www.duistpetersburglawyer.com

Comprehensive Pinellas Defense Website: www.defensehelp.com

Other Links:

Why Choose Us to Help in Your DUI Case
Florida Highway Patrol 2004 Aviation Report
DUI and Pilots

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Schools Open! Beware of Speed Traps

Pinellas County Schools are back in session, and with the beginning of a new academic year comes the re-opening of school zones. There are 141 public schools in Pinellas County, and each one has a corresponding school zone where the speed limit is 15 mph. The St. Pete Times recently reported that the Pinellas County Sheriff’s Office is stepping up their enforcement of speed limits in school zones in the morning and afternoon.

Florida Statute 316.1895 allows for school zone speed limits to be enforced 30 minutes before and after the school's scheduled beginning and end time. Which means that, because elementary, middle, and high schools have staggered start and end times in Pinellas County, the range of times in which these speed limits are put into effect will vary. Additionally, a result of these staggered start and end times it means that school zone speed limits are in effect for a good portion of the day throughout the county.

If your commute involves passing through a school zone, it would be wise to allow for extra driving time and be on the lookout for kids standing on curbs or near busy intersections, because the fines for speeding in a school zone are hefty. The Clerk of the Circuit Court lists the fines as follows:

1 to 9 mph over the 15mph limit is $156

10 to 14mph over is $306

15 to 19mph over is $406

20 to 29mph over is $456

And if you drive 30mph over the posted 15mph speed limit, that’s 45mph or faster, you will be subjected to a mandatory court appearance and a high fine.

But...the possible traffic fines associated with the reopening of schools zones don't stop there.  The omnipresence of school buses creates moving zones in which drivers can be issued fines for failing to stop. Florida Statute 316.172 provides that all motorists must stop for stopped school buses unless they are traveling in the opposite direction of a road that is divided by a median or barrier. The fine for failing to stop for a school bus that has extended its stop bar and activated its stop signs is $271. Additionally, if a motorist fails to stop for a stopped school bus and passes on the side where the entrance of the bus is located, a mandatory court date will accompany the $271 fine.

For the Police...It's Like Fishing in a Barrel

The presence of school zones and school buses create additional opportunities for officers to issue traffic citations. A hectic schedule, or  ringing cell phone might be all it takes to momentarily distract your attention from a new school zone and hidden speed trap. With each new school year comes the heightened possibility for serious fines and points on your driver’s license. Speeding tickets are not always as straightforward as they may seem. With the ramifications of fines, points and increased insurance premiums it is important to fully understand traffic tickets and all of your options.  

Call an experienced lawyer that knows the intricacies of moving violations and can provide you with the help you need.

If You Get a Traffic Ticket at a School Zone...We Can Help!

If you find yourself charged with any traffic ticket in St. Petersburg, Clearwater, or other area of Pinellas County, we can help. We can carefully examine the facts and law associated with your charge. Our job is to devise a  strategy that may lead to the best possible outcome.  Call our office for a free consultation to discuss all of your options. (727) 578-0303

*The consultation can take place right over the phone & its free!

Click Here to Read about the different options you have after receiving a traffic ticket in the St. Petersburg / Clearwater / Pinellas County area.

The Law Offices of Russo & Russo
Former State Prosecutors
Attorneys Who Can Help

877 Executive Center Drive West Suite #112
St. Petersburg, FL 33702

Our Criminal Defense Website Provides a wealth of  information at: www.defensehelp.com

For helpful & practical information on St. Petersburg / Clearwater DUI offenses go to: www.duistpetersburglawyer.com

Related Links:

Why Does Seminole Allow Speed Traps?
St. Petersburg Police Ticket 16 as Safety Campaign Begins
Outstanding Pinellas County Warrants
Is Your Florida Drivers License Valid?
Avoiding Conviction
Help if you are charged with Driving on a Suspended License
Getting a Ticket as an Out of Town Offender
What to Do if You are Charged With Leaving the Scene of an Accident

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