Law Offices of Russo Pelletier & Sullivan: DUI Detection and Enforcement

June 28, 2019

Florida Doubles Down on Texting While Driving Ban What You NEED to Know Before July 1

This Monday, July 1, 2019, Florida drivers may be in for a big surprise as a new law will go into effect permitting law enforcement to conduct traffic stops and issue tickets for texting while driving. Texting while driving is dangerous and has resulted in countless accidents. Now law enforcement personnel will have the lawful ability to conduct traffic stops and issue citations for this infraction.

ABC Action News Reports

History of Florida’s Texting While Driving Ban

In 2013, Governor Rick Scott signed Senate Bill 52 into law, enacting Florida Statute 316.305, better known as the “Florida Ban on Texting While Driving Law.” However, this law did not operate as an outright “ban” on texting while driving as one might expect, but rather, texting while driving was a “secondary offense.” This meant that police, even if they witnessed a driver texting while driving, could not pull drivers over for that reason alone. Instead, police could only add a charge of Texting While Driving in instances where they stopped a vehicle for a “primary offense,” such as speeding, and also witnessed the driver texting.

Fla. Stat. 316.305 has taken some criticism since its 2013 enactment, often because the “secondary offense” amounted to what some viewed to be a toothless “ban.” However, this was an intentional compromise. Many of those in favor of the bill worried that an outright ban could punish drivers engaging in less reckless, more innocent behaviors, such as checking GPS navigation or contacting emergency services. Others cautioned that a total ban on texting could lead to an increase in racial profiling by police officers, and therefore felt the law’s limits were necessary to prevent widespread injustice. Yet in a time when texting drivers kill more than drunk drivers, and when more than 40 states treat texting as a “primary offense,” safety concerns trumped privacy concerns, and Florida lawmakers decided to craft a more effective ban.

With a “New Sheriff” in Town, Florida Amends Texting Statute

On May 17, 2019, only five months after taking office, Governor Ron DeSantis signed HB 107. This bill was popular in the Florida Legislature, as it passed in the Senate in a 33 to 5 vote and in the House of Representatives at 108 to 7. It was created to be a direct amendment to Fla. Stat. 316.305. Now that Governor DeSantis has signed the bill, it will go into effect July 1, 2019. Most significantly, this new bill removed the language of “as a secondary offense.” In other words, effective Monday, texting while driving can be the sole basis of a law enforcement officer’s stop and ticket.

Penalties for Texting While Driving

A first offense for a Texting While Driving citation will cost an offender a $30 penalty, which can exceed $100 if certain court fees apply. Subsequent violations within 5 years result in a $60 penalty, before final court costs.

While this may initially seem like an overbroad, sweeping change that could punish those more innocent ways phones can be used on the road, the law is written to focus on texting and not just “using” the phone while driving. Checking a GPS app, contacting emergency services, or certain official job-related purposes are specific exceptions to this ban, and cannot be the basis for issuing a citation or punishment. Additionally, the ban only applies if the vehicle is in motion. Accordingly, a phone can be used for any legal purpose at stop lights, stop signs, or any other situation where the speedometer is at 0.

As the new law is set to go into effect, many have praised the Legislature for bringing Florida’s policy in line with the vast majority of other states, while allowing less distracting phone use to rightly remain legal. Some criticism lingers however, as many still fear that this ban will increase racial profiling by the police, and it could disproportionately harm minorities considering the he-said-she-said nature of many potential cases. Some Florida legislators recognized the potential for abuse and passed an amendment which included a requirement that the police record and report the race of all drivers stopped and ticketed under this law. It remains to be seen if such a reporting requirement will be effective at preventing racial profiling.

If you Have been issued a traffic ticket for Texting While Driving or any other traffic offense in Pinellas County, call our office for a free consultation to discuss your options

Our attorneys are highly experienced and top-rated lawyers who appear in the traffic courts in Clearwater and St. Petersburg daily. During your consultation, our team will discuss all of the options that exist and offer our opinion as to the best strategy for your case.

727-TICKETS

PINELLASTICKETDEFENSE.COM

DEFENSEHELP.COM

Posted at 05:11 PM in DUI Detection and Enforcement, Florida Crimes and Offenses, Florida Criminal Law, Florida Driver Licenses, Florida Traffic Offenses, New Florida Laws and Legislation | Permalink | Comments (0)

Tags: new law, pinellas ticket defense, traffic tickets

November 07, 2018

Ten Questions You Should Ask When Hiring a Pinellas DUI Lawyer

If you were recently arrested for a DUI in Clearwater, St. Petersburg or the surrounding cities of Pinellas County, you will likely be bombarded with advertisements from local (and non-local) attorneys who are offering their services. As with any service related industry, these lawyers have varying degrees of skill, training, experience. The soliciting lawyer will have his or her own reputation within the legal community. It is important for you to ask the right questions before you retain a DUI Defense Attorney.

Below are 10 questions that may aid you in making your decision as to who is the best DUI lawyer to defend your case and seek the best possible outcome:'

1. Is the lawyer a former State Prosecutor?

In our opinion, there is no better way for learning how the prosecutor will analyze and interpret your case than having a former prosecutor as your lawyer. Your attorney will have the benefit of knowing the internal processes and can anticipate the “moves” that the prosecutor will make.

2. What percentage of the lawyer’s practice is dedicated to the defense of DUI cases?There are many lawyers that “handle” DUI cases. There are very few that can say that DUI defense makes up a majority of their practice. So, ask this question: is the attorney a lawyer who handles DUI cases, or is he a DUI Defense lawyer?

3. Does the lawyer belong to any nationwide DUI Defense organizations?One way to distinguish the lawyers that handle DUI cases from a true DUI defense lawyer is to inquire whether the attorney belongs to any nationwide DUI organizations. Membership in organizations such as the DUI Defense Lawyers Association and the National College of DUI Defense often signifies a lawyer who is dedicated to achieving the highest levels of DUI defense.

4. How frequently does the lawyer attend seminars that are dedicated to further the lawyer’s education and effectiveness as an advocate?Competently defending a DUI requires that the advocate constantly further his education by educating himself on this ever-changing area of law. DUI’s require specialized knowledge in search and seizure issues, administrative law, forensic chemistry, toxicology and the Florida rules of Evidence.

5. Has the lawyer been trained in the proper administration of the Intoxilyzer 8000?If your case involves a breath test result that is above a .08, you would be well-advised to seek the assistance of a lawyer who has been trained in the proper administration of breath tests utilizing the Intoxilyzer 8000. After all, if the lawyer is unfamiliar with how to properly administer a breath test, how will he know if the police officer did something wrong that could result in the suppression of the breath test results?

6. Has the attorney been trained in the proper inspection of the Intoxilyzer 8000?To properly defend a DUI case involving a breath test, your DUI defense lawyer should have an expert understanding of the inspection process for the machine. If the breath test device was not properly calibrated and maintained, a skilled advocate may be able to secure the suppression of the breath test results.

7. How many DUI cases has the lawyer taken to trial in the previous five years?The prosecutor on your case will certainly know whether your lawyer is the type of attorney who takes cases to trial, or whether the attorney simply takes the last best deal, and so should you. While the facts of every case are different, you should know whether the lawyer has a reputation for “going the distance” and seeking a Not Guilty verdict when appropriate, or whether the lawyer simply takes the “last best deal.”

8. How many Motions to Suppress or evidentiary hearings relating to DUI cases has the attorney litigated in the previous five years?As noted above, DUI cases are complex. If your lawyer is not regularly litigating DUI cases through evidentiary hearings, it may be a sign that he or she does not have an intimate understanding of search and seizure issues.

9. Did the lawyer’s advertisement list the price of his or her legal service?If you were recently arrested for a DUI, you are likely worried about the cost. Some attorneys take advantage of this fear by advertising a price on their advertising literature. Imagine going to have your car repaired and having the mechanic tell you the price before he looks under the hood. Because every case is different, you want a lawyer who is going to give your case the individual attention it deserves, rather than a “one size fits all” approach.

10. Does the lawyer practice exclusively in Pinellas County, or is his practice spread over a larger geographic area? Every county handles DUI cases differently. Likewise, the judges and prosecutors have varying practice preferences throughout the state. Is your lawyer appearing in front of the Pinellas County traffic court judges regularly, or is Pinellas County just one of many places that the lawyer visits? While there is certainly no such thing as a “home field advantage” in DUI defense, having a lawyer who deals with the same judges and prosecutors every single day provides a level of insight that would otherwise be lacking.

If you are charged with a DUI in Pinellas County, we are lawyers that can help!

If you are a loved one has been charged with a DUI in St. Petersburg, Clearwater, Dunedin, Palm Harbor, Oldsmar, Tarpon Springs, Largo, Safety Harbor, Belleair, Indian Rocks, Indian Shores, Redington Shores, Treasure Island, Gulfport, Kenneth City, Pinellas Park, St. Pete Beach, or Tierra Verde, call us at (727) 578-0303. The members of our DUI team have the following credentials:

Former State Prosecutors
Member of DUI Defense Lawyers Association
Member of the National College of DUI Defense
Trained in breath testing on the Intoxilyzer 8000
Certified as an inspector of the Intoxilyzer 8000
Frequent attendees at DUI seminars
Exclusively Practicing in Pinellas County

May 25, 2018

Pinellas Deputies Looking for Seatbelt Violators as part of the Click It or Ticket Campaign

From May 21, 2018 through June 3, 2018, law enforcement personnel in the St. Petersburg, Clearwater, and surrounding areas of Pinellas County will have a targeted patrol looking for individuals who are not wearing their seatbelts. During this operation, the officers will be issuing warnings and citations.

Change in the Law Allows Traffic Stops for Seat Belt Violations

On June 30, 2009, the Florida statutes were amended making a seat belt violation a primary offense. This means that prior to that date, law enforcement could not pull you over for a seat belt violation unless they had observed some other violation at the same time. However, the change in the law, known as “The Dori Slosberg and Katie Marchetti Safety Belt Law” allows the officers to conduct a traffic stop, detain you, and issue you a citation in the absence of any other traffic or criminal offense.

Traffic Stops for Seat Belt Violations Can Lead to Criminal Arrests

It goes without saying that many times, a problem as minor as a traffic citation can lead to bigger problems, such as an arrest for a criminal offense. Our attorneys are often contacted by clients who were stopped by the police for a civil traffic infraction, that later led to an arrest. Such cases can occur when:

The officer believes that he subject has been drinking or is under the influence of chemical or controlled substances;
If a search of your “rap sheet” reveals that you have an outstanding warrant for your arrest;
If the officer “smells marijuana” or otherwise discovers that there are drugs or other contraband within the vehicle; or
If your driver’s license is suspended.

Seatbelt Violations Will, at the Very Least, Hurt Your Wallet

If you are issued a citation for a violation of Florida’s seatbelt law, you should know that it is not a moving violation and, as a result, does not carry with it the imposition of points against your driver’s license. However, that does not mean that disobedience of this law is without consequence. In Pinellas County, the fine associated with a safety belt violation is $116.00, even for a first offender.

Experienced Pinellas County Defense Lawyers

If you have been arrested for a criminal offense stemming from a seatbelt or other traffic stop, call our office at (727) 578-0303 for a free consultation. During our meeting, we can discuss the legality of the traffic stop, the best strategy for securing a favorable outcome in your case, and whether you are eligible to have the record of the offense sealed or expunged.

The members of our criminal defense team are former state prosecutors who have a combined twenty-five years of experience handling criminal matters in Pinellas County.

May 11, 2018

Attorney Marc Pelletier on WTSP 10 News - Your License Plate Cover Could Result in a Traffic Stop

Most of our traffic laws in Florida are well-intentioned and are motivated by a desire to protect the motoring public. On the other hand, the law regarding license plate holders does not appear to have any rational relationship to insuring a safe driving environment. A recent Third District Court of Appeal opinion about this statute leads to the conclusion that it serves no other purpose beyond giving law enforcement the opportunity to pull motorists over who are otherwise obeying Florida’s traffic laws.

The Law

License plate covers are governed by two Florida statutes. Florida Statute 316.605 provides, in pertinent part, that the license plate shall be fastened to the vehicle in such a “manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear…”

Florida Statute 320.061 provides that “a person may not alter the original appearance of a … license plate …, whether by mutilation, alteration, defacement, or change of color or in any other manner. A person may not apply or attach a substance, reflective matter, illuminated device, spray, coating, covering or other material onto or around any license plate which interferes with the legibility, angular visibility, or detectability of any feature or detail on the license plate.”

See our previous article: Your Vehicle's Decorative License Plate Frame Could Result in a Traffic Ticket

**The Pena Decision**

The facts of the Pena case are rather simple, and not in dispute. The defendant was operating a motor vehicle in the Miami area. He was stopped by law enforcement after a police officer observed that the vehicle had a metal license plate frame that obscured the words “MyFlorida.com” on the top of the plate and “Sunshine State” on the bottom. During the traffic stop, law enforcement discovered that the driver had a suspended license. A subsequent search of the car, based upon “an odor of marijuana” (no marijuana was discovered in the car) revealed the presence of a bag of Alprazolam pills, for which the defendant did not have a prescription. The defendant’s counsel filed a Motion to Suppress, challenging the legality of the traffic stop. This motion was granted by the trial court and all evidence, including the pills and confession, were suppressed as “fruit of the poisonous tree.” Essentially, the Court’s granting of the Motion to Suppress had the effect of dismissing the felony charge against the defendant. The State then appealed this ruling.

An appeal of a final order from a felony trial court is filed with the applicable “District Court of Appeal.” In this particular case which occurred in Miami, the Third District Court of Appeal had jurisdiction over the matter. The appellate court reversed the decision of the trial court, finding that the 2014 version of the statute specifically prohibited a motorist from obscuring the word “Florida” on his or her license plate. The court cited to a 1957 Florida Supreme Court case that “the Legislature, under its police power to protect the public from dangerous instrumentalities using the highways, has imposed rigid restraints, regulations, and restrictions upon the use of motor vehicles.

The Legislature Broadened the Scope of this Law

The court in Pena reversed the trial court because, at the time, Florida Statute 316.605(1) specifically provided that the word “Florida” could not be obstructed. Effective January 1, 2016, the statute was amended so as to remove the words “and other identification marks upon the plates regarding the word ‘Florida.’” Thus, this amendment had the effect of prohibiting a motorist from having a license plate that covered any and all “letters, numerals, printing, writing,” etc.

WTSP 10 News Interviews Russo, Pelletier & Sullivan Senior Partner Marc Pelletier

On Wednesday, May 10, 2018, Attorney Marc Pelletier was contacted by WTSP 10 News regarding his input on the recent Pena decision. Mr. Pelletier offered this practical tip to viewers of the Tampa Bay News outlet: “if you have a license plate cover on your vehicle, take it off.” With the current state of the law, an obstruction of any number or letter on your license plate, regardless of the readability of the license plate number on the tag, will allow the police to conduct a traffic stop and have non-consensual contact with an otherwise law abiding citizen.

If you have been charged with a crime following a traffic stop, we are lawyers that can help!

If you have been arrested for a criminal offense following a traffic stop, our Pinellas County Criminal Defense team can help. Call us at 727-578-0303 to schedule a free consultation to discuss how we can best defend your case.

April 04, 2018

What Can I Use My Business Purposes Only License For in Florida?

One of the more common questions that our Pinellas County DUI Defense law firm is asked is “what can I use my business purposes only license for?” In many cases, our office is able to secure a hardship license after a client is charged with a DUI offense in St. Petersburg, Clearwater and the surrounding area. This license carries with it a restriction that the client drive for “business purposes only.” Common questions that we are asked are as follows:

Can I drive my children to school?
Is it legal to drive to the gym?
May I drive my child to a medical appointment?
Will I be arrested if I drive to DUI school?
Can I drive to the location where I will perform community service hours?

The truth of the matter is, the legislature has not clearly defined those reasons that an individual may drive. Florida Statute 322.01(35) defines a “restriction” as a means of prohibition against operating certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle. Florida Statute 322.16(b) further provides that “the department may further impose other suitable restrictions on use of the license with respect to time and purpose of use, including, but not limited to, a restriction providing for intrastate operation only, or may impose any other condition or restriction that the department considers necessary for driver improvement, safety, or control of drivers in this state. Lastly, Florida Statute 322.271(1)(c)(1) provides that “a driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.

A Grey Area of the Law

As you can see, there is not a well-defined list of places that a person operating a business purposes only license may drive, outside of work, school, church and medical appointments. The vague nature of the statute raises a number of questions. Does “DUI School” count as “educational purposes?” Is driving my children to school essential for my livelihood such that it would qualify as an education purpose? If my doctor says I need to lose 15 pounds, can I drive to the gym for medical purposes?

A great deal of confusion exists with respect to the lawful use of a DUI hardship license. Given the somewhat vague nature of the statute governing permissible use, it is no wonder that we see a wide variety of interpretations by law enforcement. Even driver’s license office personnel will often offer conflicting opinions as to the extent of the permitted use.

You May Have to Convince a Police Officer that you are Driving for a Lawful Purpose

Imagine this scenario: your church is having a beach baptism ceremony. You drive to this function using your business purpose only license as it is “for church.” On your way home, an officer pulls you over for running a stop sign. When the officer runs your license, he sees that your privilege to drive is restricted to “business purposes only.” You explain to the officer that you are driving home from a church function. There is one problem: you are wearing a bathing suit. In this moment, the officer will make a judgement call: does he believe that you were driving for business purposes only, or does he think that you were violating the BPO restriction. If his decision is the latter, it is possible that you could be arrested for the second-degree misdemeanor offense of Violation of a Driver’s License Restriction pursuant to Florida Statute 322.16(5).

Can I Drive to Purchase Food?

Noticeably absent from the definition of “business purpose only” driving in Florida Statute 322.271(1)(c)(1) is permissive language that allows an individual to drive to purchase food. Certainly obtaining and eating food is necessary for an individual to “maintain livelihood.” There are two cases that illustrate the court’s analysis of this very issue.

In Allart v. State, 9 Fla. L. Weekly Supp. 399c (Fla. 6^th Cir.Ct.App. June 6, 2002), the Pinellas County Circuit Court reversed the defendant’s conviction for violating his driver’s license restriction for business purpose only driving. The evidence presented in that case established that, at the time that he was stopped by law enforcement, the defendant was driving to a McDonald’s restaurant. Although the Circuit Court initially affirmed this conviction, a subsequent rehearing resulted in a reversal of the conviction, on the basis that the evidence submitted that the defendant was driving for a lawful purpose (ie. Getting food at McDonald’s). In dicta, the Circuit Appellate Court speculated that the defendant was actually driving for a “longer sojourn” than just going to McDonald’s, but such evidence was not before the Court.

In State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (Fla. Palm Beach County Ct. September 12, 2002), the defendant was stopped by law enforcement while driving to Burger King to purchase food. At the time of driving, the defendant’s license was restricted to business purpose only driving. The defendant filed a Motion to Dismiss, arguing that the driving at issue was permissible under Florida Statute 322.271. In granting the defendant’s motion, the court reasoned that “driving necessary to maintain livelihood, includes driving necessary to obtain food.”

Tips for Using your Hardship License

If you are driving on a business purposes only license, every time you operate your vehicle you run the risk of being stopped by law enforcement and questioned regarding the legitimacy of your driving purpose. For this reason, we have composed the following list of “tips” for driving on a business purpose only license:

Never drive after having consumed alcohol. The odor of alcohol on your breath is a dead giveaway that you are not driving for a lawful purpose;
Always look the part. If you are driving to church, it is probably not wise to be wearing a bikini. If you are going to the grocery store, have a list of groceries on the way there, and bags of groceries on the way home;
Use direct routes. Don’t let a police officer or the court believe that your driving was part of a longer “sojourn.” If you are going to the grocery store, utilize the store that is closest to your home;
If you have a job that requires driving to various locations, have an itinerary with addresses handy in the passenger compartment of your vehicle, preferably on your company letterhead; and
If you are stopped by the police, be polite! Often times, your attitude will be the difference between a formal arrest, or the issuance of a citation.

If You have been Charged with a DUI or Violation of Driver’s License Restriction,
Hire Experienced Attorneys

The attorneys at Russo, Pelletier & Sullivan have nearly twenty-five combined years of representing clients on Criminal, DUI and traffic related matters in Pinellas County. Our lawyers regularly appear in front of our local county court judges at the North County Traffic Court facility and the South County Traffic Court facility.

Related Links:

The Law Offices of Russo Pelletier & Sullivan, P.A.

9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702

If you have a pending case in Pinellas County, we can help! Call our office to discuss the facts and circumstances of your case.
(727) 578-0303
Free consultations

Posted at 10:08 AM in Alcohol Breath Test Devices, DUI Detection and Enforcement, Florida Crimes and Offenses, Florida Criminal Law, Florida Driver Licenses, Florida DUI Law, Florida Traffic Offenses | Permalink | Comments (0)

Tags: BPO license, DUI

February 02, 2018

How to Get My SCRAM Bracelet Off

If you were recently arrested in St. Petersburg, Clearwater or the surrounding areas of Pinellas County for an alcohol related offense, such as a DUI, you may have been ordered to wear a “Continuous Alcohol Monitor” (CAM).

After your arrest, you would have appeared in front of a Judge for an “Advisory Hearing”. At this legal proceeding, the judge made a preliminary determination of whether you qualified for the services of the Public Defender’s Office and addressed the issue of setting a reasonable bond or ROR in your case. You should know, that in addition to setting a bond/ROR, the judge has the authority to impose other conditions of your release. For example, the judge might order:

No consumption of alcohol;
No driving until you have secured a hardship license;
A curfew;
No Contact with the Victim (common in Domestic Battery cases).

The lawyers in our office have noticed a rising trend in judge’s ordering that defendants wear a SCRAM as a condition of their release. This is true even in those cases where an individual has no prior record of arrest. We suspect that the Pinellas County Sheriff’s Office recent purchase of additional SCRAM devices has been the motivating factor. The PCSO charges an administrative fee of $10 per day for individuals ordered to wear this device. The wholesale ordering of a SCRAM at Advisory Hearings may be interpreted as the county’s effort to secure a return on their investment. These fees can become quite expensive, since the average DUI case can last between 4-6 months prior to a resolution.

Why Was I Ordered to Wear the SCRAM?

There are some fact patterns that may cause the judge to have concerns that the subject’s continued consumption of alcohol could pose a danger to the community. Common cases that result in a SCRAM monitor being ordered may involve a subject with:

Prior DUI convictions;
A high breath or blood test reading;
A crash, accident, injuries; or
Minors were located in the vehicle at the time of the subject’s arrest.

That being said, our office has encountered many cases that do not have these “aggravating” factors, yet the Defendant was still ordered by the judge to wear the SCRAM monitor.

How Does the Monitor Work?

SCRAM monitors are worn on the ankle and measure transdermal alcohol levels. If you have smelled alcohol on a person after a night of drinking, you already have the premise of how this device operates. After alcohol is consumed, it is absorbed into the bloodstream. Alcohol gets metabolized through the liver, eliminated through the urinary tract, and some is passed through the skin through sweat. The CAM device measures alcohol that passes through a subject’s pores through the sweating process. The SCRAM monitor measures alcohol levels continuously without a requirement that the subject participate in testing.

What Happens if I Test Positive for Alcohol?

If the device detects alcohol, a report will be electronically generated that is subject to an initial review by a member of the Pinellas County Sheriff’s Office “Pre-Trial Services” Division. A decision is made whether it was a “confirmed alcohol consumption event” or an “environmental alcohol contact” event. When looking at the data, a confirmed alcohol consumption event will show a rise in blood alcohol, and then a steady decline in alcohol levels as the subject absorbs and eliminates the alcohol. An environmental alcohol contact event will show a sudden peak, and a sudden decline in alcohol level.

If the PCSO Pre-Trial Services division determines that an alcohol consumption event occurred, a warrant for your arrest will be signed by the judge assigned to your case for violation of a condition of your of Pre-Trial Release.

Could I have Avoided Being Ordered to Wear a Scram Device?

You could have avoided a Scram monitor requirement if you had achieved your release from the Pinellas County Jail before the advisory hearing. This can be accomplished in many DUI cases by posting a cash or surety bond after being booked in the Pinellas County Jail. If a bond is promptly posted, the subject will normally be released prior to the advisory hearing.By not having to appear before the judge, the individual will have side-stepped any SCRAM requirement.

Can I Lawfully Get My SCRAM Alcohol Monitor Removed?

If a SCRAM monitor has been ordered in your case, an experienced Pinellas County DUI Defense Attorney can file a “Motion to Modify the Conditions of your Pre-Trial Release.” Our office routinely files written motions outlining our arguments as to why the removal of the Scram device is appropriate in our clients’ cases. Thereafter, our office will schedule a hearing with the the Judge assigned to your case. At the hearing, the judge will:

Examine your success thus far in avoiding the consumption of alcohol;
Consider the absence of any of the aforementioned “aggravated circumstances”;
Review the court records to see if you have been re-arrested or charged with a new criminal offense;
Make an inquiry if you have had contact with a prohibited person or place;
Acted in a responsible manner that demonstrates your respect for the court system. (For example, retained an attorney, registered for a DUI course if appropriate, or participated in an alcohol / substance abuse evaluation at the direction of your lawyer.)
Consider any special aspects of your occupation that could be adversely impacted by having to wear the Scram device.

It is important to recognize that the ordering of a SCRAM device at the advisory hearing is often accomplished in a perfunctory summary fashion. The brief nature of these first appearance hearings does not afford the judge the opportunity to fully consider all relevant factors. For this reason, it is not uncommon for the court to delete the SCRAM requirement after being fully apprised of factors that support our argument that that he does not pose a future risk of harm to members of the public.

Can Wearing a SCRAM Monitor Help My Case?

This evidence can sometimes be helpful in demonstrating that our client does not have an alcohol addiction, since they have refrained from using alcohol. The argument that follows is that his arrest was an isolated incident that is not likely to reoccur. In some cases, our client’s successful completion of a period of SCRAM monitoring can be used in our argument to the State that a Reduction of his DUI charge to the lesser offense of Reckless Driving is appropriate. The facts of every case are unique and the early advice of your lawyer can be highly beneficial.

Experienced Attorneys Who Can Help?

Our attorneys have nearly twenty-five years combined experience handling DUI and Criminal Defense matters. Call our office for a free consultation today.

Related Links:

The Law Offices of Russo Pelletier & Sullivan, P.A.

9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702

If you have been ordered to wear a SCRAM monitor and have a pending case in Pinellas County, we can help! Call our office to discuss the facts and circumstances of your case.
(727) 578-0303
Free consultations

Visit our dedicated criminal defense or DUI website for more information on your particular charge.

www.defensehelp.com

www.duistpetersburglawyer.com

Posted at 11:06 PM in Alcohol Breath Test Devices, DUI Detection and Enforcement, Florida Criminal Law, Florida DUI Law, Florida Traffic Offenses, Pinellas County Drug Court, Pinellas County Jail, Pinellas County Judges | Permalink | Comments (0)

Tags: DUI, ROR, SCRAM

January 02, 2018

Should I agree to Take a Urine Test if Arrested for DUI in Florida?

One of the most common questions that any DUI Defense Attorney is asked is “Should I Take the Breath Test?” A less common question, is “Should I Submit to Urine Testing” if arrested for a DUI offense.

Why Would the Police Ask for a Urine Specimen?

While most people are familiar with the idea that if they are arrested for Driving Under the Influence in St. Petersburg or Clearwater, Florida, the police will request a breath test, fewer people are aware that law enforcement may also request that you submit to urine testing.

Florida Statute §316.1932(1)(b) provides that any person who has accepted the privilege to drive in the State of Florida has “impliedly consented” to a test of their urine for the purpose of detecting the presence of chemical or controlled substances if the individual has been lawfully arrested for driving under the influence and law enforcement has probable cause to believe that the individual is impaired by a chemical or controlled substance.

While a breath test is the primary method by which law enforcement would determine a person’s blood alcohol level, the testing of a urine specimen is the primary means by which law enforcement would determine if an individual has consumed a controlled substance or chemical substances.

Flaws in Urinalysis Testing

The problem with urine test results is that it only provides historical information. While a urine test is generally accepted within the scientific community as a reliable method of determining whether or not a substance has been consumed, it is wholly unreliable in determining how recent the substance had been consumed. (See : Urine Testing...Is it Reliable Evidence in a DUI Case?)

There are many substances, such has antidepressants, pain medications and cocaine, that will remain detectable in a subject’s urine sample for up to a week after consumption. Likewise, marijuana can be detected in a urine sample for up to a month, or even longer, depending on the individual’s body type and frequency of marijuana use. (See: How Long Will a Drug Test Be Positive?)

As a result, the submission of a urine sample could show the presence of a substance that the defendant is not currently under the influence of. Of course, law enforcement will allege that the subject was impaired by the substance at the time of the arrest.

Is there a Benefit to Refusing the Urine Test?

In some cases, there is a tremendous benefit to refusing the urine test. In order to establish that a defendant is guilty of Driving Under the Influence of a Controlled or Chemical Substance, the State must establish not only that the subject was impaired, but also that the source of the impairment is a substance that is defined by Florida law as a Controlled Substance, pursuant to Chapter 893 of the Florida Statutes, or an illicit chemical substance, as defined by Chapter 877 of the Florida Statutes.

Imagine this scenario: you take your prescription pain medications. You then get in a car and, for whatever reason, you are stopped by law enforcement. The officer believes that you are impaired. You exercise your right to remain silent and you do not provide the officer with any information as to any medications or other substances that you consumed. You do not have your prescription medications with you in the car. After your arrest, you are taken to the police stations and submit to a breath test. Of course, because you have not consumed any alcohol, the results of the breath test are 0.000. The officer then requests that you submit to a urine test.

In this scenario, if you decline to submit to the urine test, the officer and the State Attorney will likely be unable to prove that you are DUI as they will be unable to establish that the source of the alleged impairment was a Controlled or Chemical substance. In other words, in this scenario, you may arm your attorney with a strong argument to either secure a reduction in charge, a Not Guilty verdict, or an outright dismissal.

What Happens if I Refuse the Urine Test?

If you decline to submit to a urine test, the officer who arrested you will file a citation with the DHSMV alleging that you refused urine testing which will contain a “Notice of License Suspension.” If this is your first and only DUI arrest in your lifetime, a first refusal to submit to a breath or urine test will result in a suspension of your privilege to drive for a period of one year. If you agree to submit to a urine sample, although you may damage your chances of success in the criminal court, you will not suffer an administrative suspension of your license regardless of what substances are found in your system (though, if you are later convicted of a DUI, you would suffer a license suspension from the criminal court). If this is your first and only DUI arrest in your lifetime, you would be immediately eligible to apply a hardship license for the entire one year driver’s license suspension.

If your driver’s license has previously been suspended for refusing to submit to a breath, urine or blood test, and you refuse a urine test for the present offense, there are two consequences. First, you will suffer an eighteen month driver’s license suspension during which time you will be ineligible to obtain a hardship license. Second, your refusal to submit to chemical testing may result in an additional first degree misdemeanor charge being filed against you for refusal to submit to testing.

How do I Protect Myself if I am Unsure if I will Test Positive on the Urine Test?

In some cases, a person is arrested for Driving Under the Influence and they are unsure of whether they will test positive for a controlled substance. For example, the individual may have smoked marijuana at a party a few weeks ago, or taken an anti-anxiety medication the day before. In this scenario, there is a solution.

Under Florida law, if you submit to the breath and urine tests requested by law enforcement, you are entitled to have an independent blood draw conducted to determine the presence of chemical or controlled substances in your blood. Although a urine test cannot tell us when a substance was consumed, a blood test is much more accurate for determining how recently a substance had been consumed. Thus, if you are arrested for DUI, but concerned about the joint that you smoked at a party a few weeks ago, it may be wise to advise the officer “yes, I will submit to the urine test, but I would also like your assistance in obtaining an independent blood test.”

Obtaining an independent blood test that yields results that demonstrate that you did not have any chemical or controlled substances in your blood stream at the time of your arrest can often be iron-clad affirmative evidence that you were not DUI.

What Should I do if I have been Charged with a Drug-Related DUI Offense in Pinellas County?

The DUI defense attorneys in our office are former state prosecutors and have nearly 25 combined years of experience representing individuals arrested for a DUI charge. We limit our practice to only DUI and Criminal Defense and only in Pinellas County.

Call our office today and schedule a free consultation to discuss the unique facts and circumstances of your case with an experienced DUI lawyer.

The Law Offices of Russo Pelletier & Sullivan, P.A.

9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702

If you have been arrested for a DUI, we can help! Call our office to discuss the facts and circumstances of your case.
(727) 578-0303
Free consultations

Visit our DUI Defense Website for FAQ: www.duistpetersburglawyer.com

Posted at 03:14 PM in Alcohol Breath Test Devices, DUI Detection and Enforcement, Florida Crimes and Offenses, Florida Driver Licenses, Florida DUI Law, Prescription Drug Offenses | Permalink | Comments (0)

Tags: DUI

December 04, 2017

Practical Tips if you are Stopped for a DUI in Florida this Holiday Season

As the holiday season approaches, there will be heightened DUI enforcement on the roads of Pinellas County. In December 2016, Florida Govenor, Rick Scott, proclaimed December as Impaired Driving Prevention Month in Florida. The Florida Department of Highway Safety and Motor Vehicles further implemented this declaration into their annual campaign calendar.

Our DUI Defense team is often contacted by clients who were driving home from a holiday party in the St. Petersburg or Clearwater areas. For these reasons, we have compiled the following tips to make sure that you don’t find yourself on Santa’s naughty list this holiday season:

Do be polite with the officer. No matter how well you do on the roadside field sobriety tests, if you fail the “attitude test,” you are likely to be arrested.
Don’t be afraid to exercise your rights – including your right to remain silent. If you are asked an incriminating question about your alcohol consumption, you may absolutely decline to answer and request an attorney.
Do have all of your vehicle documentation in an easy to find place. Law enforcement often concludes that a driver’s inability to locate their license, proof of insurance and registration is a further sign of impairment.
Don’t be fooled into thinking that you have to perform the roadside field sobriety tests. These roadside tests are not mandatory. (See: Refuse the Field Sobriety Test?) You cannot lose your driver’s license if you decline to take pre-arrest roadside field sobriety tests. These tests are very difficult and designed for failure. However, be forewarned that if you decline to take these field sobriety exercises, you are likely to be arrested. Nevertheless, in our experience, if the officer is asking you to perform these tests, he has likely already made up his mind to arrest you.
Do remember to check to make sure your headlights are on – especially if you parked your car at a valet. Valet drivers are notorious for changing headlight settings from “automatic” to “off.” Other drivers may forget to activate their headlights when pulling out of a well-lit parking lot. Obviously, driving without headlights at night is an open invitation to be stopped by law enforcement.
Don’t travel with alcohol containers in the passenger compartment of your vehicle. During this time of year, it is quite common to open a bottle of wine at a holiday gathering, but not finish it. If you insist on taking the remainder of the bottle home, cork it and place it inside of your trunk, and out of the view of police officers. Having an open container of alcohol in the passenger compartment of vehicle will cause the police officer to believe that not only were you driving after drinking alcohol, but that you were drinking while driving.
Do post your bond right away if you are booked into the Pinellas County Jail for a DUI. The detention deputies will likely tell you that there is a chance that you will could be screened to be “released on your own recognizance” (ROR) without the need for you to post bond. If you do not post your bond quickly, you will be forced to appear before a judge the following morning at an “Advisory Hearing.” Our office has noticed a trend that at this hearing, DUI defendants are often being ordered to wear a Continuous Alcohol Ankle Monitor (CAM) after meeting with the judge. The cost of this monitor can sometimes exceed the amount of the original bond. For that reason, we would encourage you to post a bond, so that you do not have to shoulder the risk of additional expense and being branded with this scarlet letter.
Don’t think that your cooperation in readily submitting to a breath test will translate into leniency by the court system. Remember, if you are being asked to take a breath test, you have already been arrested. If you arm the State with a high breath test result, this could make defending your case much harder. In fact, a breath test reading of .15 or higher carries mandatory enhanced penalties under Florida law. On the other hand, if you have only consumed a small amount of alcohol and you are confident that you are under the legal limit, by all means, you should submit to the breath test. This could provide you with strong affirmative evidence of your innocence.
Do understand the ramifications to your driver’s license and criminal record if you take or refuse the breath test. If you are a first offender and refuse to take the breath test, your license will be suspended for one year. If you are a first offender and you take the breath test, and have a result over the legal limit, you will lose your license for a period of six months (Pro tip: the police usually will only tell you that you will lose your license if you refuse to take the test, and leave out the part that you will also lose your license if you blow and are over the legal limit). If this is your first DUI arrest, you will be immediately eligible for a hardship license regardless of whether you take the breath test or not. If you have previously refused a breath, urine or blood test and suffered a resulting suspension of your license, you need to know that your second refusal will a) result in an additional first degree misdemeanor charge of “Refusal to Submit to Testing” and b) will result in an 18-month suspension of your driver’s license, during which you will be ineligible to obtain a hardship license.
Lastly, Don’t delay in meeting with an experienced DUI Defense Attorney. In most cases, you only have ten days to protect your privilege to drive.

If you are arrested for DUI, we can help!

The DUI defense attorneys in our office are former state prosecutors and have nearly 25 years of experience representing individuals charged with this offense. We limit our legal practice to aggressively defending individuals charged with Pinellas County DUI and Criminal Defense matters.

Call our office today to discuss the unique facts and circumstances of your case. This consultation is free.

The Law Offices of Russo Pelletier & Sullivan, P.A.
Attorneys at Law
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702

Call our office to discuss your unique case and how to protect your privilege to drive!
(727) 578-0303
Free consultations

Visit our DUI Defense Website for FAQ: www.duistpetersburglawyer.com

Posted at 10:04 AM in Alcohol Breath Test Devices, DUI Detection and Enforcement, Florida Crimes and Offenses, Florida Driver Licenses, Florida DUI Law, Pinellas County Jail | Permalink | Comments (0)

Tags: DUI, Holiday

November 04, 2017

Can you really get a DUI on a horse? Neigh!

A recent arrest in Polk County, Florida has caught the national media attention as a woman was arrested for DUI while riding her horse. Our office has received numerous questions about the legitimacy of this arrest. While it is certainly dangerous to ride a horse while under the influence of alcohol or controlled substances, it is our belief that the Polk County State Attorney’s Office will be unable to secure a conviction under the circumstances of this case.

Unpacking the DUI Law

Florida Statute § 316.193 (1)(a)-(c) provides that A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

Florida Statute § 316.003(97) defines “Vehicle” as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices and devices used exclusively upon stationary rails or tracks.”

The word “device” is not defined in the Florida statutes. In the Missouri case of State v. Blackstone, 115 Mo. 424, 22 S. W. 370, the court defined device as “An Invention or contrivance; any result of design; as in the phrase ‘gambling device,’ which means a machine or contrivance of any kind for the playing of an unlawful game of chance or hazard.” The Merriam-Webster dictionary defines “device” as “a thing made or adapted for a particular purpose, especially a piece of mechanical or electronic equipment.”

Riding a Horse is the Equivalent of Walking Under Florida Law

Setting aside the rhetoric of interpreting whether a horse is a “device,” the Polk County State Attorney’s Office need only look at Florida Statute § 316.073. This statute specifically addresses the applicability of the “Motor Vehicle” laws contained in Chapter 316 to animals and animal-drawn vehicles. It provides that “Every person driving an animal-drawn vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. The provisions of this chapter applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding or leading an animal upon a roadway or the shoulder thereof.”

Thus, under our analysis of this arrest, the Defendant should not have been arrested for Driving Under the Influence because she was physically riding “on” the horse. Had the Defendant been riding in a carriage behind the animal, that would be a “horse of a different color.”

If you are arrested for a DUI , we can help!

The DUI defense attorneys in our office are former state prosecutors and have nearly 25 years of experience representing individuals arrested for a DUI charge. We limit our practice to only DUI and Criminal Defense and only in Pinellas County.

Call our office today and schedule a free consultation to discuss the unique facts and circumstances of your case with an experienced DUI lawyer.

The Law Offices of Russo Pelletier & Sullivan, P.A.
Attorneys at Law
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702

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

Visit our Comprehensive Criminal Defense website: www.defensehelp.com
Visit our DUI Defense Website for FAQ: www.duistpetersburglawyer.com

Posted at 09:23 AM in Alcohol Breath Test Devices, DUI Detection and Enforcement, Florida Crimes and Offenses, Florida Driver Licenses, Florida DUI Law, Pinellas County Jail | Permalink | Comments (0)

Tags: DUI, DUI riding a horse

October 20, 2017

Cost of a DUI in St. Pete Up $500 Because of New Vehicle Impound Law

St. Petersburg, Florida is gaining a reputation for money grabbing in connection with arrests for criminal offenses. Through creative local ordinance legislation they have devised ways to fill the coffers of the city's general fund. In 1999, the St. Petersburg City Council enacted an ordinance directing their police officers to impound any vehicle used in connection with a solicitation for prostitution charge. The ordinance mandated that those arrested for this offense pay a $500 administrative fee to recover their vehicle. The ordinance was expanded to cover drug arrests where a motor vehicle was used in the commission of the crime.

St. Petersburg is at it again with efforts to impose ancillary financial burdens on those persons arrested in their jurisdiction. On October 5, 2017, members of the St. Petersburg City Council passed an amendment to Ordinance 304-H, Section 20-122 of the City Code to add the charge of driving under the influence pursuant to Florida Statute 316.193 as a criteria for motor vehicle seizure, impoundment and a fine. The amendment allows St. Petersburg Police Officers to place an administrative $500 hold on any vehicle involved in a DUI offense. This fine would be in addition to the fees already assessed by the towing company for the retrieval, transportation and storage of the vehicle.

Click this video link to watch the St. Petersburg City Council discussion in their efforts to justify the additional fine. (See Section J-6 at minute 48).

The penalties for DUI in Florida are already highly burdensome. Surprisingly, the city admits that the additional $500 penalty does not represent compensation for the officer’s time and efforts to arrange for the towing of the vehicle. The police agency is already compensated for the time of its officers through the “investigative cost penalties” imposed by the judge on those persons ultimately convicted of DUI. At the council meeting, city officials argued that the new fine was being assessed to deter those arrested for DUI from committing the offense again within St. Petersburg city limits. We find this claim to lack merit, since it is unlikely the new local ordinance would cause a member of the public to consciously choose to consume alcohol in neighboring Clearwater, as opposed to St. Petersburg.

What if My Charge is Later Reduced or I am Not Convicted?

Having your DUI charge reduced to the lesser offense of Reckless Driving carries substantial benefits associated with your privilege to drive,, insurance premium increase ramifications and your criminal record. In addition, avoiding a conviction for the DUI offense will entitle you to a refund from the city for the impound fine previously paid.

Requesting a Civil Hearing in Lieu of Paying the Impound Fine

Rather than summarily paying the impound penalty to secure the release of your vehicle, you can talk to us about your right to challenge the $500 fee by timely requesting a civil preliminary hearing. The law requires that you be notified of your right to a hearing within 2 business days from the date your vehicle was impounded. Thereafter, the hearing challenging the fine must take place before a judicial magistrate within 5 business days.

What Should I Do If My Vehicle Was Impounded for a DUI Offense?

It is important to immediately schedule a free consultation with an experienced St. Petersburg / Clearwater DUI defense attorney. Our lawyers can inform you at which impound lot your vehicle is currently being stored. They can guide you through the steps for retrieving your car after a Pinellas County DUI arrest and discuss your option of requesting a civil hearing.

There are other important deadlines to be aware of when charged with a DUI offense. You only have 10-calendar days from the date of your arrest to challenge the administrative suspension placed on your driver’s license. By timely taking prompt action, most drivers take advantage of a new law that would eliminate any interruptions in their driving privileges. It is important to promptly meet with us to discuss all steps that need to be taken to protect your best interest.

Your Privilege to Drive and Freedom are in Jeopardy.
We Can Help!

The criminal defense attorneys in our office practice exclusively in Pinellas County and have a combined experience of over 25 years representing clients facing a DUI charge. They recognize the importance you place on being able to lawfully operate a motor vehicle. They also realize the stressful situation you may be currently experiencing. See: How to Emotionally Survive a DUI.

Call our office today and schedule a free consultation to discuss the unique facts and circumstances of your case with an experienced DUI lawyer.

The Law Offices of Russo Pelletier & Sullivan, P.A.
Attorneys at Law
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702

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

Visit our Pinellas County DUI Defense Website : www.duistpetersburglawyer.com

Posted at 03:01 PM in Alcohol Breath Test Devices, DUI Detection and Enforcement, Florida Crimes and Offenses, Florida Criminal Law, Florida Driver Licenses, Florida DUI Law, Florida Traffic Offenses, New Florida Laws and Legislation, Recent Court Cases | Permalink | Comments (0)

Tags: Civil Penalty, DUI, Impound, St. Petersburg

Sun	Mon	Tue	Wed	Thu	Fri	Sat
						1
2	3	4	5	6	7	8
9	10	11	12	13	14	15
16	17	18	19	20	21	22
23	24	25	26	27	28	29
30

Current Criminal Defense & DUI Topics - Pinellas County, St. Petersburg, Clearwater, Florida

June 28, 2019

November 07, 2018

May 25, 2018

Change in the Law Allows Traffic Stops for Seat Belt Violations

Traffic Stops for Seat Belt Violations Can Lead to Criminal Arrests

Seatbelt Violations Will, at the Very Least, Hurt Your Wallet

Experienced Pinellas County Defense Lawyers

May 11, 2018

The Law

The Pena Decision

The Legislature Broadened the Scope of this Law

WTSP 10 News Interviews Russo, Pelletier & Sullivan Senior Partner Marc Pelletier

April 04, 2018

A Grey Area of the Law

You May Have to Convince a Police Officer that you are Driving for a Lawful Purpose

Can I Drive to Purchase Food?

Tips for Using your Hardship License

If You have been Charged with a DUI or Violation of Driver’s License Restriction, Hire Experienced Attorneys

February 02, 2018

Why Was I Ordered to Wear the SCRAM?

How Does the Monitor Work?

What Happens if I Test Positive for Alcohol?

Could I have Avoided Being Ordered to Wear a Scram Device?

Can I Lawfully Get My SCRAM Alcohol Monitor Removed?

Can Wearing a SCRAM Monitor Help My Case?

Experienced Attorneys Who Can Help?

January 02, 2018

December 04, 2017

November 04, 2017

October 20, 2017

What if My Charge is Later Reduced or I am Not Convicted?

Requesting a Civil Hearing in Lieu of Paying the Impound Fine

What Should I Do If My Vehicle Was Impounded for a DUI Offense?

Your Privilege to Drive and Freedom are in Jeopardy. We Can Help!

June 2019

Search

**The Pena Decision**

If You have been Charged with a DUI or Violation of Driver’s License Restriction,
Hire Experienced Attorneys

Your Privilege to Drive and Freedom are in Jeopardy.
We Can Help!