Court Ruling on Blood Alcohol Testing Machine Challenge

The State Attorney's Office says the panel of judges ruled that sobriety testing devices used were in fact federally approved ones. This denial of 400 defense DUI motions is the third unsuccessful challenge to the Intoxilyzer 8000 breath instrument since 2005. If the motion had passed the defendants would have successfully suppressed the breath test results and many would have had their DUI cases thrown out. The seven judges ruled unanimously that the Intoxilyzer was properly tested by the Department of Transportation and has been a "conforming product" since 2002.

DUI CASES NO LONGER ON HOLD IN COURT-- Sun-Sentinel, http://www.sun-sentinel.com, March 23, 2010.

DUI CASES TO MOVE FORWARD AFTER JUDGES REJECT CHALLENGE TO BLOOD-ALCOHOL TESTING MACHINE-- The Palm Beach Post, http://www.palmbeachpost.com, March 23, 2010

Alleged Excessive Force Used At Orient Road Jail

Two individuals who have recently been taken to the Orient Road Jail because of allegations of Driving Under the Influence have filed notices of intent to sue the Hillsborough County Sheriff’s Office for excessive force. Both incidents of excessive force occurred in the central breath testing area. One individual states that she went unconscious while waiting to be administered a blood test and a deputy pulled her off the chair and dragged her across the floor. The second individual claims he was choked by officers while taking the breath test. The Hillsborough County Sheriff’s Office denies any wrong doing by its officers.

http://www2.tbo.com/content/2009/oct/07/2-dui-arrestees-allege-excessive-force-hillsboroug/

Avoid Accidents and Tickets: Know the Rules Of The Road

How many times do you see someone driving below the speed limit in the left lane or driving on the shoulder to beat the traffic? These actions often lead to horrific accidents that could have been easily avoided. Some people know they are breaking the law, but simply don’t care. Others may have forgotten the laws governing our roadways. Most people study the Florida Driver’s Handbook when they are about to get their driver’s license, but years later, few pick up the book to refresh their memory. Knowing how to drive is different from knowing the rules. The Florida Driver’s Handbook has a lot of valuable information and safety tips, such as handling emergencies like breakdowns, tire blow outs, wet brakes, jammed gas pedals, brake failures, skidding and fires. I recommend that everyone freshen up on the rules of the road, it could save lives, including your own.
The Florida Driver Handbook
El Manual de Conductores de Florida

Out-of-State Resident and Arrested for DUI?

Just because you get arrested for DUI and are not from Florida doesn’t mean there won’t be consequences in your home state. The Interstate Drivers License Compact shares driving record information among several states and requires the State of Florida to notify your home state of your DUI arrest or license suspension. This could even result in your driving privileges being suspended in your home state because of reciprocity agreements.

If you are from out-of-state and were arrested in the Tampa Bay area for DUI, contact me so I can help you understand the laws which may affect you in your home state.

DUI – Ignition Interlock Device

After July 1, 2002 the State of Florida enacted a law in which those who have been convicted of DUI may have to use an ignition interlock device upon being eligible for reinstatement for a permanent or restricted driver’s license. Further, the driver bears the expense of installing the device. Installation may also be required when a driver convicted of DUI applies for a restricted license for work or business purposes. This device is installed onto dashboards and works much like a breathalyzer. If one installed in your car, you have to blow into it in order to start your car. However, if you are under the influence, the interlock device will not allow you to turn on your car.

If you are required by law to install an ignition interlock device, and you are caught driving without it, you can be charged with a new crime. This could also constitute a violation of your probation.

As you can see, DUI remains a fast-growing and increasingly complicated area of the law. If you have been arrested in the Tampa Bay area for DUI, do not hesitate to contact my office so that I may advise you of your rights.

Recent DUI Arrest

When you are pulled over for allegedly driving under the influence, you may be required to take a breath test. If you refuse the breath test or blow over .08%, you have ten days to file for a hearing to try to keep your license. If you were driving with a valid license then it is legal to drive for ten days following the arrest.

If you’ve been recently arrested in the Tampa Bay area for DUI, call my office so I can secure the possibility of preserving your driving privileges.