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

New Florida Laws & Pinellas County Criminal Court Trends

 

In Florida 45% of the people arrested for DUI refuse to submit to the intoxilyzer?

Although refusing to submit to the intoxilyzer carries a one year drivers license suspension, it may make your case a suitable candidate for your lawyer to negotiate a reduction to a "reckless driving" charge since it deprives the prosecutor of evidence that you were over the legal limit. (Of course, a person who appears impaired on video performing roadside field sobriety tests, will most likely be found guilty of the offense despite the absence of breath test evidence.) The Florida Legislature is currently discussing whether to attach all DUI penalties to a refusal to submit to the breath test. This is an effort by the Florida Legislature to curb the high refusal rate and to prevent impaired motorists from side stepping DUI sanctions. Click Here to learn more about whether to take roadside field sobriety tests.

Did You Know...
Funding issues have greatly decreased Pinellas County DUI arrests this year?

The disbanding of the Pinellas County Sheriff's Office DUI "Selective Traffic Enforcement Unit" has resulted in 900 fewer arrests so far this year. See our previous blog "Pinellas County DUI arrests slashed by 50%" In addition, there have been layoffs at all local law enforcement agencies resulting in less patrol officers. Fewer arrests have translated into fewer people on probation. As a result, our office has learned that the probation office that supervises offenders has recently closed its offices on Mondays, reduced its staff from 67 to 40 employees and is overseeing a caseload that has dropped from from 4500 to 3300 cases.

Did You Know That New Florida Laws...

1.) Require you to ride your bicycle as close as practical to the right?
2.) Allow you to display your motorcycle tag in a perpendicular fashion?
3.) Allow you to mount your GPS device on your windshield?
4.) Allow Multiple DUI Offenders with a lifetime drivers license suspension to now secure  a hardship drivers license when they have an ignition interlock device installed in their motor vehicle and ten years have elapsed since their fourth DUI conviction?
5.) Requires anyone now convicted of a DUI offense to maintain minimum insurance of 100/300 and provide provide proof of same to the Florida Department of Highway Safety & Motor Vehicles, Division of Drivers Licenses or face a drivers license suspension?

Did You Know...
Our local Pinellas County Judges have been ordering persons charged with alcohol related offenses to wear high-tech "SCRAM" alcohol bracelets?

Celebrity Lindsay Lohan wears one, and it's not a fashion statement. The "SCRAM"  "Secure Continuance Remote Alcohol Monitoring" ankle bracelet can detect whether an individual has consumed any alcohol by sampling perspiration on the skin. If the bracelet detects that the individual has consumed alcohol, it has a wireless component that promptly alerts a monitoring company who then notifies the court system that the offender has "fallen off the wagon." Recent advances in this technology have allowed this device to not only serve as an alcohol monitor, but also as a tracking device that will insure compliance with house arrest provisions.

Did You Know...
Currently, Florida drivers operating solely under the influence of the sleeping medication "Ambien" can not be prosecuted for DUI?

The news media is filled with wild accounts of strange behavior while people are under the influence of Ambien. Our office has likewise found these incidents to include "sleep driving." But the current status of Florida DUI law requires the prosecutor to prove that the driver was under the influence of either alcohol or a "controlled substance." Remember...DUI is not just an alcohol related offense. As a result, DUI arrests often involve urine testing for controlled substances. Nevertheless, Florida law does not currently classify Ambien as a "controlled substance." As a member of Pinellas County's  DUI Gold Standards Committee we learned that the legislature is doing everything possible to quickly close this loophole. Read our article on defending DUI cases involving Ambien. Click here for tips on how to further evaluate the elements of a DUI case.

Additional Links:

Click here to learn how we can safeguard your driving privilege after a DUI arrest.

Click Here to read about how we can help you get your hardship license after a DUI arrest.

Russo & Russo represents clients facing  DUI charges out of St. Petersburg, Clearwater, and other areas of Pinellas County. As former state prosecutors and breath test operators, we know how to  closely  scrutinize all of the evidence in your case.

Free Consultations: (727) 578-0303

Click Here for a Video of our DUI Qualifications

Get Pinellas County DUI Legal Help at: : www.duistpetersburglawyer.com
Possible Criminal Defense Solutions:  www.defensehelp.com

Technorati Tags: Pinellas,St. Petersburg,Clearwater,Lawyers,Attorney,DUI,Ambien,Intoxilyzer,reduced to reckless driving,penalties,scram,video,ignition interlock Device,urine testing

DUI Roadblocks and Sobriety Checkpoints in Pinellas County, Florida

During a “Sobriety Checkpoint or DUI Roadblock,” the police stop vehicles according to a specified formula (i.e., every car, every second car, every third car, etc.) in order to discover drivers who may be under the influence. If you find yourself stopped at a sobriety checkpoint in Pinellas County, you will be asked to produce your driver's license and registration. The police conducting the stop are trained to look for cues of drivers suspected of DUI and will be watching closely to see if you are fumbling to find the documents, have slurred speech, or if you are acting nervous or suspiciously. The police may also ask you to step out of your vehicle or pull you out of the line of traffic in order to conduct field sobriety exercises.

The law requires the location of any Pinellas County DUI checkpoint to be announced in advance. Theses announcements frequently appear in the St. Petersburg Times or on local news broadcasts. The Pinellas County Sheriff’s Office posts DUI roadblock news releases on the Internet in the days leading up to the planned checkpoints. Many drivers have begun using twitter and facebook to warn others about checkpoints, and one iphone application can even warn of roadblocks and speed traps as the driver approaches the area.

If I Haven't Done Anything Wrong, Can I Still be Stopped?

Yes. The United States Supreme Court and Florida Supreme Court have ruled that DUI checkpoints are not a violation of your fourth amendment rights provided that certain standards are met. Detailed written guidelines on the precise operation of the roadblock must first be drafted by the police. The use of written procedures regarding the method of selecting vehicles, detention techniques, personnel assignments and towing/storage of vehicles are intended to limit the discretion of the officers conducting the DUI checkpoint. The courts believe that if such guidelines are properly in place and lawfully adhered to, there will be limited opportunity for abuse by law enforcement personnel.

In addition to having written guidelines, a DUI checkpoint must insure the safety of motorists by providing adequate lighting, warning signals and easily identifiable law enforcement personnel. Every effort must be made on the part of law enforcement to minimize the degree of intrusion and length of detention of the motorist.

Can the Police Pull Over Every Single Car at a DUI Checkpoint?

It depends on whether law enforcement has drafted their written guidelines to provide for the stop of every vehicle, every other vehicle, every third vehicle... and so on. The important consideration looked at by the courts is whether the DUI checkpoint personnel followed the written guidelines. A police officer therefore cannot make an arbitrary decision to single out any particular motorist that they wish to pull over.

If I am Not Impaired, Could I Still Get a Traffic Ticket or be Arrested?

Yes. If you are unfortunate enough to be selected at a DUI checkpoint you and your vehicle will then be subject to greater scrutiny by the police. This could translate into a traffic ticket for your failure to use a seatbelt, a burned out headlight, expired tag or other violations. Persons operating their vehicle with a suspended driver’s license can anticipate being arrested, despite not having consumed any alcoholic beverages. Those drivers with outstanding warrants will, of course, also be taken into custody. The odor of burnt marijuana or drug paraphernalia in plain view will lead to vehicle searches and arrests that are completely unrelated to the original nature and purpose of the DUI checkpoint.

What Could Happen If I Attempt to Avoid a Checkpoint?

Every DUI checkpoint has a police officer assigned to be the "chase car." This law enforcement officer is positioned in a strategic location that enables him to see if any motorist attempts to avoid the DUI checkpoint by making a last minute turn or detour. Such a deliberate action on the part of the driver to avoid the checkpoint will be interpreted by the police as evidence that the motorist knows that he is impaired and would fail subsequent field sobriety tests.

What Locations are the Police Likely to Select for a DUI Checkpoint?

• For safety reasons, the federal government prohibits DUI checkpoints on interstate highways;
• The police will often select locations near restaurants and bars that typically remain open later than other businesses.
• Most DUI checkpoints are operational late at night between the hours of 10 PM and 4 AM.

Be Prepared.

DUI checkpoints generate plenty of traffic citations and revenue for Pinellas County. If you do find yourself approaching an unexpected police roadblock, here are some tips to make sure your contact with law enforcement goes smoothly:

• Plan  ahead and always know exactly where your license and registration are located and make sure they are accessible.
• Be polite, courteous and respectful. Do not joke around with the police or passengers in the vehicle with you. In fact, it is a good idea to warn other passengers  in your vehicle that you are approaching a sobriety checkpoint and that you would appreciate their silence until your contact with law enforcement is over.
• Do not complain to the officer about the inconvenience of being stopped at the checkpoint. Produce your license and registration as requested timely and without question.
• Do not offer any additional information other than what the police officer may ask of you. Avoid discussing where you are going or where you have been.

A DUI charge stemming from a checkpoint or roadblock can involve the same potential consequences as a DUI charge resulting from an independent stop. However, there are numerous unique legal issues that may arise in a DUI case involving a checkpoint . Due to the legal complexities surrounding DUI roadblocks, a driver who is arrested for DUI at a checkpoint may have more potential defenses available. Therefore, if you have received a DUI after being stopped at a checkpoint, you should consult a criminal defense attorney as soon as possible regarding your defense.

 

At Russo & Russo, we represent clients who are charged with a DUI arising out of St. Petersburg, Clearwater, or another areas of Pinellas County. As experienced DUI attorneys, we will obtain and review the information regarding the role of every officer that participated in the roadblock, examine the checkpoint policies and guidelines that must have been in place in order for the stop to be lawful, and closely  scrutinize the evidence that the State will rely upon to try and prove the DUI case.

Get Pinellas County DUI Help at: : www.duistpetersburglawyer.com
Learn More About Criminal Defense Solutions:  www.defensehelp.com

Links:

Evaluating the strengths and weaknesses of your DUI case

Seeking a reduction of your DUI charge to a charge of Reckless Driving

Prevent the administrative suspension of your driver’s license

Technorati Tags: DUI St. Petersburg,Clearwater,Pinellas County Sheriff's Office,Sobriety Checkpoint,Roadblock,impaired driving,drunk driving,DUI detection and enforcement,Florida Traffic Offenses

How Would You Rate the Police Officer Who Arrested You?

With the success of websites like ratemyprofessors.com and ratemds.com the similar, albeit odd, site ratemycop.com has been created. The idea of ratemycop.com is the same as other rating sites; to assess the effectiveness of police officers in their duties in an open forum on the Internet.

The glaring issue with rating one’s experience with an officer of the law is that more often than not, those that have run-ins with law enforcement are not going to be happy about it. Whereas the sites dealing with professors and doctors are supposed to act as an online comment card box from which those reviewed can assess their effectiveness. The Rate-a-Cop site has turned into little more than inside jokes posted by friends of the police officers, and personal attacks on the officers posted by those who have been on the receiving end of handcuffs.

Given the nature of the comments being left on the site, it should come as little surprise that police departments are not taking these ratings seriously and do not use them in their internal affairs investigations. In an interview with the St. Petersburg Times, a spokesperson for the Tampa Police Department stated that anonymous evaluations are never used in performance ratings. Moreover, the validity of these ratings as evaluation tools is further undermined given the fact that many police departments have online records request resources to allow citizens to request internal affairs complaints and commendations records of officers. The fact that the “rating” of officers often translates into personal attacks has even caused the California Police Chiefs Association, which represents over 100,000 police officers, to seek legislation attempting to shut down the website.

One trend that many departments are noticing are the negative reviews often given to officers that work in the DUI division. Reviews like those of St. Petersburg DUI officer Robbie Arkovich, who recently made his one-thousandth DUI arrest, illustrate just how bad those arrested for a DUI can hold a grudge.

Getting charged with a DUI can lead to  many complex ramifications and can understandably be an exceedingly difficult time in someone's life. The penalties associated with being convicted of a DUI in Florida continue to become more stringent after each legislative session. As a result, a first time DUI offender may now face a long list of counseling requirements, a DUI course of instruction, community service, fines and the installation of an ignition interlock device on their vehicle. In addition, there are other "side effects" of a DUI conviction, such as high insurance premiums and mandatory driver's license suspensions.

If you or someone you know has been charged with a DUI, call us first. We are experienced St. Petersburg / Clearwater DUI and criminal defense attorneys who focus exclusively on DUI and other criminal cases arising out of Pinellas County. We can properly evaluate your DUI case and explain all of your options.

Other Links:

St. Petersburg Police Civilian Police Review Committee
St. Petersburg Police Department Rate My Cop
Clearwater Police Department Rate My Cop
Pinellas County Sheriff's Department Rate My Cop

         Charged with a DUI or a Criminal Offense?
                                    We Can Help!

Russo & Russo are attorneys who represent clients charged with Traffic Tickets, DUI and criminal offense arising out of St. Petersburg, Clearwater and other areas of Pinellas County.

                        Call Us for a Free Consultation at: (727) 578-0303

Pinellas DUI Defense Information: http://www.duistpetersburglawyer.com

St. Petersburg / Clearwater Criminal Defense: http://www.defensehelp.com

Florida Ignition Interlock Info: http://www.floridaignitioninterlocks.com

Technorati Tags: St. Petersburg,Clearwater,Attorneys,Lawyer,Rate a Cop,Pinellas County,DUI,internal affairs investigation,Florida

If I am Arrested for DUI, Should I Blow or Refuse the Breath Test?

  Did You Know...
That it's not against the law to drink and drive?

Most people are surprised to learn that it is not against the law to drink and drive.  It only becomes illegal if you drink too much and have a breath alcohol reading in excess of .08 or your normal faculties are impaired at the time you're operating the vehicle.

Normal faculties are defined in the DUI law as those abilities to walk, talk, judge distances, safely operate a vehicle, and to perform the normal functions of every day life. Evaluating "normal faculties" entails a review of any driving mistakes or infractions, an examination of your speech to detect slurring of words, and the performance of roadside Field Sobriety Exercises (Finger to Nose, Walk and Turn, One-Leg Stand, Recitation of Alphabet, etc.).
 
 Did You Know...
That your breath test results could prove that you were not impaired?

Having an "unlawful breath or blood alcohol level" is defined in Florida DUI law as a series of presumptions. If you are a .01 to a .05 you are presumed to be not impaired.  So, if someone tells you never to blow into the Intoxilyzer machine, that could be bad advice, if in fact, you hadn't had much to drink.  Having a breath test reading in this area would carry a presumption of non-impairment. On the other hand, if you are a .06 to a .07, there is neither a presumption for or against impairment. However, you can still be found guilty of a DUI if your breath test reading is in this area, so long as there is additional evidence of impairment.  In other words, if you're a .07, but you're driving on the wrong side of the Howard Franklin bridge, you could still be found guilty.  From a practical standpoint, however, most people who are a .06 to a .07 tend to be excellent candidates to have their case reduced to a reckless driving charge. Now if you're a .08 or above, that carries a presumption under the law that you are, in fact, impaired.
 
 Did You Know... 
That if you refuse the breath test, you deprive the prosecutor of one of only two methods of securing a conviction?

If you refuse to submit to the Intoxilyzer, the prosecutor will not have an "unlawful breath alcohol level" to introduce into evidence. He therefore must seek a conviction based on his contention that your "normal faculties were impaired," as well as an argument that "your refusal suggests a consciousness of guilt" on your part. The prosecutor would likely use an argument such as this:

"You know ladies and gentlemen, the driver was given an opportunity to provide a breath test sample.  Why, he was even told if he didn't blow into the machine he would suffer an automatic 12 month suspension of his driving privilege.  Can you imagine the inconvenience of not having a license for twelve months?  But rather then let you know what his true breath alcohol level was, he choose to refuse that test and suffer the administrative driver's license suspension."

It should be pointed out that the Florida Legislature wants to arm the prosecutor with a breath test reading.  For that reason, a law was passed making your second refusal to submit a breath sample to the Intoxilyzer a separate criminal offense.

  Did You Know... 
That some DUI cases can be good candidates for reduction to the offense of reckless driving?

Having your case reduced to a reckless driving can be very beneficial since DUI penalties in Florida can often be harsh. In addition, a reduction good save thousands of dollars on auto insurance premiums. So what type of DUI cases are typically the best candidates for such a reduction?

No accident: Having an accident or leaving the scene of an accident is an aggravating factor. Prosecutors believe that a jury might consider an accident such that, someone could have died or that there could have been serious injury.  So, in cases where there is no accident, the case may tend to be viewed more favorably.

The driver was polite, cooperative, and respectful to the officer: The opposite behavior... boisterous, loud, and argumentative tends to suggest that it may be the alcohol doing the talking.

No alcohol containers were found in the vehicle: If you had an alcohol container in the vehicle, it tends to suggest that not only were you drinking and driving, but were actually drinking while you were driving.

The driver made no incriminating statements regarding alcohol: If you told the officer that you had only one or two drinks that might not hurt your chances for a reduction.  On the other hand, making a statement that you had numerous drinks or that you drank a six pack could be very incriminating.  Prosecutors know that an admission, such as, "I had a six pack" can be very damaging because juries will often hear the "six pack" and disregard the fact that consumption might have taken place over the whole day. 

The driver displays a good performance of field sobriety testing:  A DUI case is unusual from the standpoint that the jury gets to go back to the "scene of the crime." Unless you refused the field sobriety tests, the jury can look at your performance, look at your physical characteristics, listen to your voice, determine whether your speech is slurred, thick-tongued, or mush-mouthed, and then draw their own conclusions.  Because, after all, it's the officer offering his opinion that you were impaired. The officer can testify that in his opinion, you were unfit to be behind the wheel or to be driving.  That sounds pretty good, but of course you must remember that the officer has an interest in the outcome of the case. Likewise, if the driver took the stand and testified that he drank a beer or two, but that it didn't affect his ability to safely operate the vehicle, that may sound good as well.  Of course, the driver himself has an interest in the outcome.  But, the videotape speaks for itself. When a Pinellas County prosecutor evaluates your DUI case in considering a possible reduction to a reckless driving charge, he looks at the videotape from the standpoint of, how would a jury react to the contents of the tape?  What conclusions would a jury reach upon watching it?

  Now You Know...
There is no simple "Yes" or "No" answer when making a choice about whether to submit to a breath test. The decision is further complicated by the nervousness and anxiety associated with a police investigation and an arrest. But, in our view, the best cases to get reduced or defend tend to be those where the State doesn't have breath test evidence on their side and where our client looks good on the videotaped Field Sobriety Exercises. Click Here to view NHTSA state comparison statistics for breath test refusals.

On the other hand, having a breath test reading that is under the legal limit could potentially provide compelling evidence supporting an outright motion to dismiss the DUI charge. In the end, the single best course of action may be to carefully monitor your alcohol consumption so that you can make a better informed decision about whether to submit to a breath test or refuse it. Perhaps an even better method is to avoid the issue altogether and use a designated driver or taxi if you are concerned  that you may be over the legal limit.

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

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

You Can also take advantage of our Criminal Defense Website for information and assistance with other Pinellas County criminal offenses at: www.defensehelp.com

Learn how we can help you Recover for Injuries Sustained in Accidents at: www.injuryorarrest.com

Injured & Can't Work? You may be Entitled to Social Security Disability Benefits. Go to our website at: www.mydisabilitylawfirm.com to learn more

Links:

Learn about DUI & Your Florida Driving Privilege
Information about DUI & Drugs / Medication
Examining Your Roadside Field Sobriety Tests
Fewer Police Officers in Pinellas County Means Less DUI Arrests

  Watch a Video To Learn About Our DUI Defense Qualifications

Technorati Tags: Refuse breath test,Intoxilyzer,Reduction to Reckless Driving,Evaluating your DUI,Florida,Pinellas County,St. Petersburg,Clearwater,Attorneys

Florida DUI Convictions & Your Application for a Captain’s Licenses

DUI Penalties continue to have far reaching consequences. A DUI conviction can affect a person's ability to obtain boating insurance and may prevent them from getting a Captain's license issued by the US Coast Guard.

Boaters Can Feel the Effects of DUI on Both Land and Sea

Almost everyone knows that a DUI can affect their driver's license and may also cause significantly higher auto insurance rates. However, many would be surprised to learn that a DUI charge can also affect a person's ability to obtain a captain's license for boating. Of course, with over 1 million registered boats in the State of Florida, the impact of a DUI on a person's boating privilege is especially relevant.

A High Insurance Premium... for Cars AND Boats

One issue that concerns all boaters, whether they are simply recreational fishermen or run a charter boating business, is the availability of boater's insurance. Due to the substantial lawsuit that could result from a boating accident, having boaters insurance is a common sense precaution. Unfortunately for people convicted of a DUI, insurance companies may use the case as a pretense for charging very high premiums on a boating insurance policy, or to deny coverage completely. In many circumstances, a large increase in insurance premiums (both boats and auto) could have been prevented by obtaining a more beneficial resolution to the DUI case (such as a reduction of the charges to "Reckless Driving").

The USCG "6 Pack" Captain's License - Not as Fun as it Sounds

  A DUI also could affect the ability of a boat operator to obtain a captain's license through the US Coast Guard. Any boater, who takes on paying passengers, must obtain an "OUPV" license from the US Coast Guard. The license is commonly referred to as a "6-pack" charter boat captain's license because it allows the captain to have a maximum of 6 paying passengers. However, many people seek to obtain a captain's license even if they don't intend to ever take on paying passengers. Rather, obtaining a captain's license can be fueled by the desire to sharpen their boating skills or to qualify for self-chartered boat rentals.

When applying for a "6-pack" an applicant must disclose all cases where they were convicted of DUI, or any charge involving drugs. For the purposes of this federal requirement, an applicant needs to disclose all cases, even where they were not formally convicted (such as when a judge grants a withhold of adjudication). The only limitation is a full dismissal of the charges by the prosecutor. An aspiring captain would even need to inform the Coast Guard of cases where their conviction were sealed or expunged.

Practical Advice for the Aspiring Captain

After a certain period of time, the Coast Guard may no longer consider a DUI charge to be a "disqualifying offense." For first-time DUI offenders, the conviction must be over 1 year old and the period of probation must have already ended. For a multiple DUI offender, the time period is 3 years.

Even a recent conviction, still presents some options. Federal law specifically lays out several factors to be examined when an applicant has DUI or drug convictions in their past. An applicant may be able to demonstrate to the Officer in Charge, Marine Inspection (OCMI) that they should still be eligible for the license through a variety of factors:

• Completion of Drug or Alcohol Abuse Program
• Active membership in a group such as Alcoholics Anonymous or Narcotics Anonymous
• Character references, concerning sobriety and reliability of the applicant
• Regular employment
• Compliance with all requirements of parole and probation or other jail alternatives

The Ever Growing List of DUI Penalties

Year after year, the folks in Tallahassee have piled on more and more Florida DUI penalties in order to maintain an image as "tough on crime." As a result, a first time DUI offender may now faces a long list of counseling requirements, DUI courses, community service, fines and the installation of an ignition interlock device on their vehicle. In addition, there are other "side effects" of a DUI conviction, such as high insurance premiums and driver's license suspensions. This "spill over effect" is all the more apparent when one considers the potential impact on other types of licenses, be they a captain's license, a pilot's license, or a professional or contractor license.

If you or someone you know is charged with a DUI, call our office first. We are experienced St. Petersburg / Clearwater DUI and criminal defense attorneys who focus exclusively on DUI and other criminal cases arising out of Pinellas County. We can properly evaluate your DUI case and explain all of your options.

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

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

You Can also Visit our Criminal Defense Website for information and help with other criminal offenses at: www.defensehelp.com

Learn how we can help you Recover for Injuries Sustained in a Boating Accident at: www.injuryorarrest.com

Links:

So You Want to be a Fishing Guide

USCG Magnitude of Alcohol Problems & Related Maritime Accidents

How to Take a Course for Your Captain's License

United States Coast Guard Navigation Rules

Florida DUI FAQ

Technorati Tags: DUI,Boating Under the Influence,Pinellas County,St. Petersburg,Clearwater,Captain's License,DUI penalties,criminal charges,lawyer,attorney,dui defense,criminal defense lawyer,Florida

Locals Likely to Get Caught Up in Spring Break Police Crackdown

DUI Checkpoints & Zero Tolerance on Treasure Island

As more than 1.7 million college students begin their annual Spring Break, police in Pinellas County are anxiously awaiting their arrival. Law enforcement will have stepped up patrols on all the beaches. Our office has confirmed that there will be a greatly increased police presence, with special emphasis on all offenses associated with alcohol consumption  (open alcohol containers, disorderly intoxication, and driving under the influence).

Security camera surveillance, undercover officers, and DUI checkpoints are just some of the tactics local law enforcement are using this Spring Break season to send a "zero tolerance" message. Undercover officers working with Department of Alcohol, Tobacco, and Firearms agents will focus on identifying and arresting underage drinkers. Law enforcement intends to employ frequent DUI patrols on Sunset Beach. In addition, there will be coordinated DUI checkpoints along Gulf Boulevard.  You can count on aggressive, large scale DUI enforcement, for Spring Breakers and any locals caught in the same net.

The Squeaky Wheel Gets the Grease

After an outcry from Treasure Island residents who have tired of dealing with rowdy partygoers, the City Commission has responded by steadily increasing police presence. Numerous angry complaints at city commission meetings and video posts on the Internet regarding beach disturbances recently prompted new laws banning beer kegs and glass bottles from Sunset Beach.

The Treasure Island Board of Commissioners also went one step further in anticipation of the 2010 Spring Break rush. The city website warns beachgoers to "Smile! You're on camera!" since high-resolution security cameras on poles have been mounted to the north and south of the ever-popular  Caddy's on the Beach bar. Police now have a far easier method to monitor crowds on the beach and identify potential criminal activity. The city has gone so far as to establish a new Twitter page in an effort to warn students who plan to party on Treasure Island's beaches.

Park at Your Own Risk

Outraged Sunset Beach residents initiated a lawsuit against the city for failing to enforce parking regulations. Fifteen residents have filed a separate lawsuit against Caddy's for violating city parking regulations and allowing parking to overflow into once quiet residential neighborhoods. As a result, watch out for increased parking enforcement and tickets. Despite the fact that not everyone parking near the beach is looking for a drink at Caddy's, both Spring Breakers and locals can expect a parking citation frenzy.

Public Arrests Designed to Send a Zero Tolerance Message

In an effort to deter others from committing crimes, law enforcement will now be initiating more arrests on the beach rather than simply issuing "notice to appear" citations for court. They plan on sending a sobering message by making routine public arrests for the purposes of having crowds witness a suspect handcuffed and placed into the back of a police cruiser. Any criminal offense committed, even those of a minor nature, will prompt police to take swift action and deliver offenders directly to the Pinellas County Jail.

The Wrong Place at the Wrong Time?

With all of the increased police activity on Treasure Island this Spring Break season, we question whether a trip to Sunset Beach is really worth the hassle. For that matter, we anticipate law enforcement agencies in every beach community will be on "heightened alert" during Spring Break. Nevertheless, if you decide to visit, be aware that no one, whether a local or not, will be immune to the zero tolerance attitude of the police.

Charged with a DUI or a Criminal Offense? We Can Help!

Call Us for a Free Consultation at: (727) 578-0303

DUI Defense: http://www.duistpetersburglawyer.com

Criminal Defense: http://www.defensehelp.com

Ignition Interlocks: http://www.floridaignitioninterlocks.com

Links:

• Out of Town Offenders
• First Time Offenders
• Getting Criminal Charges Dismissed
• Disorderly Conduct
• DUI Frequently Asked Questions

Technorati Tags: Spring Break Law Enforcement,Treasure Island Spring Break,Zero Tolerance Law Enforcement Policy,Disorderly Intoxication,Possession of Alcohol Under 21

DUI Ad Campaigns Now Targeting Demographic Groups

Many people remember the catchy Ad Council Campaign “Friends Don’t let Friends Drive Drunk.” The message was very successful throughout the 1990’s at reducing the number of DUI's. Despite the initial success of this campaign, there has been an alarming increase in the number of DUI's over the past 10 years. This trend is especially apparent among two key demographics, young men and female drivers of all ages.

Our office previously covered the rapid rise in the number of DUI arrests among women in our September, 2009 blog article: More Women Being Arrested for DUI. While no campaigns have yet been targeted specifically to women, the Ad Council has taken the first step in attempting to capture the attention of a specific demographic audience. This public service organization, along with the National highway Traffic Safety Association have created a new campaign aimed primarily at young men. The promotional message trades on contemporary lingo conveying that “Buzzed Driving is Drunk Driving.”

The purpose behind the new campaign is to combat the growing perception among young drinkers that only people who are very intoxicated meet the statutory definition of DUI.  The campaign’s goal is to inform the public that feeling "buzzed" from just a couple of drinks could very well equate to the dangers associated with a DUI. The ad campaign is attempting to reinforce the salient fact that you do not have to be “drunk” to be convicted of a DUI. Just impaired.

The group is also using a number of new media resources to forward the campaign’s message. The organizers have harnessed the power of Facebook and Twitter as well as creative television commercials. A Google search reveals a large number of independent blogs are also carrying the campaign's message to their respective audiences. (Both praising and criticizing the message). The campaign has also tapped the popularity and enormous exposure gained by its presence on  YouTube, as well as other video hosting sites.

The "buzzed" campaign seems to have prompted competition from other public service groups. A Washington State campaign uses the slogan “Drive Hammered, Get Nailed,” which some critics say creates the wrong message that only drinking to an extreme excess will put you at risk for arrest. 

Have you been arrested and charged with a DUI or another criminal offense? If so, call us for a free consultation at (727) 578-0303.

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Russo & Russo attorneys represent clients charged DUI arising out of St. Petersburg, Clearwater and other areas of Pinellas County.


Get Pinellas County DUI Help at: : www.duistpetersburglawyer.com
Learn More About Criminal Defense Solutions:  www.defensehelp.com

Links:

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New Florida Senate Bill Seeks to Impose Tougher Penalties on DUI Offenders

In January, our office wrote about how the National Highway Traffic Safety Administration was pushing lawmakers throughout the country to pass legislation that mandates Ignition Interlock for anyone convicted of a DUI offense. See: NHTSA Pushes for Interlock Devices for all DUI Offenders. It seems that our politicians in Tallahassee are listening.

The Proposed Legislative Changes Revolve Around the Role of Ignition Interlock Devices in DUI Enforcement.

In December of 2009, Florida Senate – 2010: SB 924 was filed in the Florida Senate. The proposed legislation provides for a mandatory 6-month ignition interlock period for a first time DUI offender upon conviction. If you have a BAC over .15 then the length you must have an ignition interlock device is doubled to one year. To ensure compliance, the bill would require anyone convicted of a DUI to obtain a license which clearly indicates that the driver may only operate a vehicle with an ignition interlock device.

The legislation recognizes that some people may attempt to circumvent the ignition interlock device by asking a sober friend or bystander to blow into the device. An offender who is found guilty of manipulating the system in this manner will be subjected to an additional 3-6 months of ignition interlock time, as a penalty.

If enacted into law, the vehicle interlock provisions in the bill would become active on January, 1, 2011. 

How much does an Ignition Interlock Device Cost?

Under current Florida law, the ignition interlock device is funded solely by the DUI offender, except in the case where the offender is unable to pay. The proposed legislation would clearly define this very limited exception. To determine a person’s inability to pay, the court would look at their eligibility for representation by a public defender or their eligibility to receive food stamps. Consequently, the vast majority of DUI offenders will have to personally bear the costs of the Interlock Device.

According to the DHSMV, the monthly maintenance fee for an interlock device is $67.50. This does not include the installation fees, or applicable taxes. The total cost of a 6-month ignition interlock period is approximately $500. The cost of an ignition interlock device adds to the already substantial burden from the mandatory fines and penalties associated with a DUI conviction.

Ignition Interlock Devices for all DUI Offenders is Part of a Wider Trend.

Currently, 13 states (Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Utah, and Washington) have enacted laws that either require or highly incentivize a convicted DUI offender with a BAC over .08 to place an ignition interlock on their vehicle. All 13 states enacted their ignition interlock laws within the past 5 years. This trend is likely to continue if the additional penalties in those states can be linked to less DUI recidivism and decreased alcohol-related traffic fatalities.

The anti-DUI advocacy group, “Mothers against Drunk Driving,” MADD, promotes increased penalties for DUI defendants throughout the country. MADD is in support of mandatory ignition interlock sanctions for every person convicted of a DUI, regardless of BAC.

See the MADD chart detailing the current role of Ignition Interlock Devices in the DUI law of the 50 states.

If the senate bill becomes law, then Florida would be added to the growing list of states that impose ignition interlock devices on all persons convicted of a DUI.

If you have been charged with a DUI call us for a free consultation at (727) 578-0303.

Our Related DUI Links:

Pinellas County DUI Law Website

Ignition Interlock Website

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Don't Let a DUI Rain on Your Super Bowl

6 Practical Tips for Avoiding a
DUI Arrest After the  Big Game

This Sunday's Super Bowl promises to be an "offensive shootout." Whether you support the Colts or the Saints, you can count on both Peyton Manning and Drew Brees delivering a number of touchdown passes. Many commentators are predicting that the score for this year's bowl will climb into the forties on both sides. Such a high number of touchdowns is likely to translate into an equal number of celebratory drinks.

While you might see a number of public service announcements advising the use of a designated driver around Christmas and New Year's, such caution is likely to be absent this weekend. We know all too well that Super Bowl Sunday is one of those times that people often let their guard down only to find themselves pulled over and subject to roadside field sobriety testing and the potential for a DUI arrest.

If you decide to drink during a Super Bowl party, there are steps you can take to avoid getting arrested.

• Select your alcoholic beverage carefully. Most alcohol bottles & cans  outline the percentage of alcohol in each drink. Consider that a shot of rum often has less alcohol per ounce than the same quantity of vodka;
• Don't consume alcohol on an empty stomach. Eating snacks and other food at the party prior to drinking will often decrease the effects that alcohol will have on your body;
• Pace yourself and take note of exactly how many alcoholic beverages you consume. The human liver, in most people, is able to process approximately one alcoholic beverage per hour. Normally, that equates to one beer, one small glass of wine, or one shot of whiskey;
• Do not drive your car if the vehicle has something wrong with it. For example, make sure that your car is properly registered with a license plate that is not expired and properly displayed.
• Do not draw unnecessary attention to you and your vehicle by flying a Super Bowl team flag. Why take the chance of sticking out during the ride home?
• Drive with care and be sure to obey all traffic laws. Drive at the speed limit and be certain to use your turn signal not only when making turns, but also when you change lanes.

Lastly, if you do get pulled over... do not be a "Roadside Lawyer." Even if you are convinced that you didn't deserve to be stopped, law enforcement has the discretion to arrest you. Be polite and respectful. Don't offer too much information or be argumentative. If you are loud and boisterous the state prosecutor will later suggest "it was the alcohol doing the talking."

Have fun, drink responsibly, and be safe!

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At  Russo & Russo we are lawyers who represent clients charged with a DUI arising out of St. Petersburg, Clearwater and all other areas of Pinellas County.

Arrested? call an attorney for a free consultation at: 727-578-0303

Visit Our "Pinellas County DUI Help" Website at: www.duistpetersburglawyer.com

Visit our Pinellas County Criminal Defense Website at:  www.defensehelp.com

You can use the following links to:

Learn About Efforts to Get Your Driver's License Back After a DUI Arrest
What Type of DUI Cases are Good Candidates for Reduction
Calculate Your Blood Alcohol Level
Get Answers to Commonly Asked DUI Questions
Secure Information on Hardship Driver's Licenses

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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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