Archive for the ‘Florida DUI Checkpoints’ Category
Thursday, March 22nd, 2012
You have probably noticed various checkpoints on the roadways during the holidays. These road blocks are there to ensure the safety of you and other motorists on the Florida roadways. These blocks are also called sobriety checkpoints and are frequently used by law enforcement officers to stop vehicles and check for drivers who have been drinking. These roadside checkpoints have been deemed constitutionally permissible by the Supreme Court. However, keep in mind that the Fourth Amendment of U.S. Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In fact, one Chief Justice thought this particular judgment was in violation of this Amendment, but the vote carried anyway. The Supreme Court was of the opinion that the public could benefit from sobriety checkpoints. However, since that decision sobriety checkpoints have not been used exclusively for checking for drunk drivers.
In the case of the City of Indianapolis v. Edmond, originating out of Indiana, the police were found using sobriety checkpoints to search for illicit drugs. Furthermore, it has been discovered that police departments have been using checkpoints to as a means to give citations and impound vehicles for drivers who do not have vehicle registrations or driver’s licenses. It is unlikely that the police will find a small number of drunk-drivers out of hundreds of drivers who pass through the checkpoints. However, citizens are taking a stand against what may be an abuse of authority.
In the case of Nora Ramos, she and her husband had their car impounded while on the way home from the hospital. Mr. Ramos drove his new family home because his wife was still under the effects of the pain medications she had received as a result of the C-section birth of her child. However, Mr. Ramos did not have a license. The Ramos family had their car impounded after he was found to be unlicensed during a roadblock. As a result, a week after the birth of their new baby, Nora and her 4 children had to walk 5 miles in order to get home. The Ramos family is now supporting a civil liberties group that seeks to ensure sobriety checkpoints are not used for anything other than checking for drinking and driving.
Additionally, California assemblyman Michael Allen has proposed a bill to limit sobriety checkpoints to only search for drunk drivers. He has stated that instead of only catching people who are drunk-driving, these checkpoints are also hurting others who were not drinking and driving. The Ramos family who was left stranded after their family vehicle was impounded is the perfect case-in-point for Mr. Allen’s argument. If you are ever in a situation where you have been detained during a sobriety checkpoint, an experienced Florida DUI attorney will strive to help you to deal with the consequences, no matter the details.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
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Monday, January 23rd, 2012
The use of sobriety checkpoints is a common DUI/DWI enforcement tactic in Florida particularly around holiday periods, sporting events and other occasions with a higher rate of alcohol consumption. While the U.S. Supreme Court has clearly established the legality of DUI checkpoints, the nation’s highest court provided only broad parameters for the lawful planning and execution of a sobriety checkpoint. The precise standards and guidelines for DUI checkpoints were left to individual states.
Because DUI checkpoints constitute a search and seizure under the Fourth Amendment, they must be conducted based on standardized practices that limit the discretion of police officer in deciding who to subject to a stop. Strict procedures must be followed for a DUI checkpoint to be lawful, and Florida DUI defense attorney John Musca may be successful in filing a Motion for Suppression is these procedures are not followed precisely. If the motion is granted, it may result in suppression of the evidence gathered at the DUI checkpoint, which often results in dismissal of the charges.
While the U.S. Supreme Court has ruled that sobriety checkpoints are lawful, DUI checkpoints must be conducted so that they minimize the intrusion on Fourth Amendment search and seizure rights. DUI checkpoints are essentially an exception to Fourth Amendment search and seizure requirements because they involve stopping and briefly detaining drivers without any basis for individualized suspicion. The U.S. Supreme Court justified this intrusion based on balancing the potential harm caused by drunk driving against the intrusion on Fourth Amendment protections. However, Florida is currently engaged in a practice that threatens to undermine this balance and increase this infringement of Fourth Amendment rights.
Florida law enforcement is now implementing “no refusal checkpoints.” This escalated infringement on Fourth Amendment protections has been defended as a response to drivers allegedly evading DUI convictions by refusing DUI breath testing. It is estimated that as many as forty percent of drivers stopped for DUI in Florida refuse to submit to breath testing. When a driver refuses breath testing under the no refusal policy, a judge is made available to provide a warrant to permit taking a driver’s blood for blood alcohol concentration (BAC) testing.
If a driver is stopped and arrested at a no refusal checkpoint in Florida, the police officer will direct you to submit to BAC testing via the Intoxilyzer 8000. If a driver refuses, the police officer will inform drivers about its no refusal policy. If a driver still refuses to consent, the police officer may use “reasonable force” to stick a needle in the driver’s arm and take blood for BAC testing with or without the consent of the driver. A key reason behind this serious intrusion on the Fourth Amendment rights of drivers is the cost associated with the use of blood testing in Florida DUI cases. A DUI case based on blood testing is far more expensive than when Intoxilyzer 8000 results are used. The process of determining BAC based on a blood draw is more expensive than breath testing and an expert will typically have to testify for the prosecution in the case of a blood draw which further drives up the cost.
Experienced Florida DUI attorney John Musca has successfully defended clients throughout Florida arrested at DUI checkpoints based on errors or deviations in procedure at DUI checkpoints including no refusal DUI checkpoints. If you or someone close to you has been arrested at a DUI checkpoint, our Florida DUI law firm offers effective and zealous DUI defense. We invite you to contact Florida DUI defense attorney at Musca Law to schedule a free confidential consultation at (800) 687-2252 and learn how we can fight to protect your future.
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Thursday, November 17th, 2011
It is never wise to drink and drive. Regardless of the amount that you have had to drink, alcohol still has an adverse impact on your driving ability. Even if you are involved in an accident that would have been unavoidable if you were sober, you likely will suffer additional civil and criminal consequences if you are over the legal limit of .08 percent BAC for Florida. This St. Patrick’s Day weekend, Florida provided yet another reason to avoid drinking and driving. Florida police cracked down on drunk driving and mobilized resources they normally keep hidden. “Wolf Pack” forces planned to saturate areas with multiple highly coordinated officers trained to hunt down drunk drivers. Checkpoints were also posted along major roads and common detours around such roads. The police attempted to keep as much as they could about their tactics, position, and timing hidden from the public to ensure the best “haul”.
Secrecy, checkpoints, and “wolf packs” sound ominous, and they mean DUI arrests and adverse consequences including jail time, lost driving privileges, fines and more. Police aggressively targeted drivers this weekend, which means many innocent drivers were arrested and charged. While police are searching specifically for those driving while impaired, they will be happy to arrest you for any other criminal offense that the officer can find, such as driving on a suspended license.
The overzealous nature of such tactics means that you are much more likely to be charged in what is actually a very marginal case. If you are pulled over, do not answer any questions beyond your name, address, license and registration. A police officer’s job is to find evidence of wrongdoing, and so every piece of information you provide him with is an additional piece of evidence he will try to use to justify your arrest and eventual conviction. You should politely decline to answer any questions without legal advice. You should request an attorney and contact one as soon as possible. It is a good idea to decline field sobriety tests and a portable breath test at the scene of your DUI stop.
If you were arrested for DUI this St Patrick’s Day weekend, it is important to seek legal advice as soon as possible. Your license will have been taken when you were arrested for DUI and the clock is running in terms of obtaining a temporary license. You have only 10 days to file for an appeal of an administrative suspension of your license. If you were arrested for DUI during the St. Patrick’s Day DUI crackdown, our experienced Florida DUI attorneys will diligently pursue the best possible outcome in your case.
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Monday, November 7th, 2011
With the Fourth of July just around the corner, drivers in Florida should be aware of DUI crackdowns during these holiday periods. During the Memorial Day weekend just past, the Florida Highway Patrol issued almost 14,500 citations to drivers throughout Florida during the long holiday weekend. This included 163 arrests for driving under the influence (DUI) in Florida. It is very common during holiday weekends that law enforcement cracks down on drunk driving with such tools as sobriety checkpoints and saturation patrols. Many drivers throughout Florida suffer first time DUI arrests during such holiday periods.
Even a first time DUI conviction can result in very serious penalties and long-term consequences. A first time conviction for DUI in Florida with a BAC below .08 percent can result in the following penalties:
- Maximum jail term of six months
- Fines between $250-500
- Requirement of ignition interlock device
- Impoundment of your vehicle for up to ten days
- Community service (maximum 50 hours)
- DUI school
Though these are serious penalties, the long term consequences can be far more troubling. A Florida DUI conviction can impact your employment, educational opportunities, professional and occupational licensing, immigration status and future career opportunities. While the Fourth of July can be a fun time of celebration and fun in Florida, but the consequences of a DUI conviction can make it a very expensive party.
Florida Highway Patrol routinely use roving DUI saturation patrols and sobriety checkpoints to enforce Florida DUI law during holiday weekends. Most law enforcement agencies believe that roving patrols provide a more effective DUI enforcement tool. The officers who conduct these patrols have specific training in identifying signs of impairment. Both roving patrols and sobriety checkpoints are generally lawful strategies for enforcing DUI law but each strategy is susceptible to legal challenges if not conducted properly.
Our Florida DUI lawyers represent those arrested and charged with DUI throughout Florida. We offer a free initial consultation so that we can evaluate potential defenses including lack of sufficient basis for the initial stop in saturation patrols and failure to comply with legal requirements when conducting a DUI sobriety checkpoint. Call our experienced Florida DUI lawyers to see how we can help.
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Friday, October 28th, 2011
Police use sobriety checkpoints to stop cars and check for drivers that have been drinking. The Supreme Court deemed these DUI roadblocks permissible by the constitution. One chief justice thought that it was a slight violation of the Fourth Amendment, but he was outnumbered in his thoughts. The Court thought that the people could benefit from these checkpoints more than it would be a harmful thing. The checkpoints would help get drunk drivers off the street. They are a good idea if it works out the way that the Supreme Court intended it to.
It has been brought up that the checkpoints have not been used solely for the purpose of alcohol checkpoints. The situation was later confirmed in the cause of Cit of Indianapolis v. Edmond. In this case, the police were using the DUI checkpoints to search for drugs. Even after this case, police departments have been setting up more and more roadblocks using them as a tool to impound cars and give citations. During these checkpoints, it is not uncommon to have 100 citations and impounds and only one or two DUI arrests. They give these citations and impounds if drivers don’t have their license, registration, etc. Though it has taken some time, people are finally standing up and fighting these roadblocks. They feel like it is an abuse of the authority that has been entrusted to police.
Nora Ramos and her husband had their car impounded on the way home from the hospital. Nora’s husband was driving because she had delivered a child by caesarean section and was still dizzy from the morphine. He did not have a license, and their was taken. Because of this, a week after she had given birth she had to walk five miles with her four children to get home. Now the Ramos family is supporting the civil liberties who are against DUI checkpoints that are used with the wrong motives.
People say that they are using these checkpoints for the wrong reasons, and they are not without proof. Impound rates have gone up 53 percent between 2007 and 2009. In many cities, the ratio of cars impounded to DUI arrests is 20:1. Michael Allen proposed a bill to restrict the DUI checkpoints to only search for drunk drivers. He says that the problem is that these checkpoints are hurting the people who aren’t drinking. The families are left stranded once the car is impounded. Many times this happens to people who can’t afford to pay up to thousands of dollars to get their vehicles back. Allen wants to turn the focus of sobriety roadblocks back to being focused on finding the people who are driving drunk.
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Thursday, September 1st, 2011
Any driving under the influence test of a suspected person can be tricky; especially when an officer is conducting a field sobriety test. Field sobriety tests involve a law enforcement officer to conduct a series of test on a person who is suspected of being under the influence of alcohol. These various test involve testing a person’s balance, which is usually tested by asking them to walk a perfectly straight line or stand on one foot with the other in the air successfully.
Their speech is also tested. Asking a person to recite the alphabet backwards, or count backwards from one hundred by tens tests speech. All of these tests are reasonably difficult–even for sober people; and since a sober person would have a hard time performing these tests, it is necessary to have one other test that is exceptionally accurate. While a person might fail the other tests such as walking a straight line, or reciting the alphabet backwards, and these do provide the officer with visual reason to suspect their guilt, the “eye test” it what is used by law enforcement officers to really make sure their suspect is driving under the influence.
The “eye test” involves the police officer to stand in front of their suspect and put their finger directly in front of the suspect’s face. The law enforcement officer then asks the suspect to then follow his moving finger with their eyes. As the officer begins to move his finger, he is able to notice how well the suspect is able to focus. If they are able to focus, it is reasonable to assume that they are still capable of driving and are not intoxicated enough to receive a DUI.
However, if they are not able to focus and their eyes jerk as they try to follow the officer’s finger, it is reasonable to infer that the suspect is intoxicated. The reason this test is so effective, is that the eyes of a suspect who is intoxicated tend to have trouble focusing on a moving thing, and jerk to catch up with the object they are trying to follow. The alcohol the suspect has consumed affects the nerve endings in their eyes and makes it extremely hard for them to focus. This is why the “eye test” is extremely efficient in determining whether or not a person has been driving under the influence of alcohol.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
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Tuesday, August 9th, 2011
The Fourth of July is a time to celebrate the unique culture of America founded on principles of individual liberty and protection from the oppressive over-reaching of the government embodied in the U.S. Constitution and Declaration of Independence. What better way to celebrate this tradition and history than to tear up portions of both documents by implementing “no refusal” checkpoints. No refusal checkpoints magnify the affront to the values embodied by the Fourth Amendment posed by DUI checkpoints that allow intrusion on citizens’ rights to be free of search and seizures not based on a scintilla of evidence of unlawful activity. Florida is one of a number of states utilizing “on-call” judges at holiday DUI checkpoint to issue warrants for forcible blood draws when motorist refuse breath test.
Florida has an implied consent law that provides that a driver gives consent to submit to chemical testing via breath or blood when exercising the privilege to drive on Florida roadways. Florida DUI law generally does not prohibit a driver from refusing a chemical test for blood alcohol concentration (BAC), but does impose consequences. A refusal to submit to breath or blood testing will result in a 12 month license suspension on a first offense and then constitute a misdemeanor and an 18 month suspension for subsequent refusals of BAC chemical testing. Generally, you may choose to accept these penalties without a more intrusive infringement on your Fourth Amendment rights against unreasonable search and seizure of a forcible blood draw for DUI though there is an exception for DUIs that result in an accident involving serious injury or fatality.
We have previously discussed in this blog the notion that DUI checkpoints are a glaring exception to the requirement that police not stop motorists when there is absolutely no evidence that the motorist has done anything illegal. This intrusion on Fourth Amendment protections is based on what the U.S. Supreme Court considers a compelling state interest in preventing drunk driving accidents. However, the rationale that the nation’s highest court used in carving out this exception to search and seizure requirements was largely based on very brief periods of detention and questioning with a cursory view of the inside of one’s vehicle that accompanies such a detention.
The notion of strapping someone down and forcibly taking one’s blood is hardly a brief and minimal intrusion. Sadly, it appears that Florida and other states may be headed down a slippery slope that permits an intrusive search and seizure that is initiated from a vehicle stop where there was not a scintilla of evidence to justify the initial stop. It is all the more ironic that the celebration of the values and protections envisioned by our Founding Fathers and embedded in the Fourth Amendment of the U.S. Constitution and Declaration of Independence should serve as the basis for such a frontal attack on those same values and principles.
The concept of forced blood draws based on stops without evidence of wrongdoing are even more objectionable because a motorist cannot refuse a breath test without consequences. Since a refusal already results in a driver’s license suspension as well as a misdemeanor charge for drivers with more than one refusal, there is even less justification for allowing officers to further violate the spirit of the Fourth Amendment by permitting forced blood draws at DUI checkpoints.
Our Florida DUI defense attorneys are committed to defending and fighting for the Constitutional protections of our clients. We believe that limits on government abuse of authority are an important check on law enforcement and prevent the types of tyranny that our Founding Fathers were rebelling against and that the Fourth of July celebrates.
If you or someone you love is arrested for DUI during this holiday weekend, we urge you not to wait to call. We are ready to do more than just celebrate the freedoms this holiday honors; we are ready to fight to defend these principles. We offer a free initial consultation so call us today!
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
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Thursday, July 14th, 2011
Technology, it is a vast, ever expanding, rapidly maturing part of our life that we live and work with. Smartphone’s have applications also referred to as “apps” that are either equipped or give a format so they can be downloaded with a few taps of your finger to make things a little simpler, fun, or interesting. With that said, apps now include DUI enforcement. Available on not only the Apple Iphone Application Store, but also on numerous other cell phone services, there are applications made available to the general public that help the aversion of speed traps, as well as DUI checkpoints or roadblocks. Other users of the application generally add information to the application on a day-to-day basis, and ask for the response of other users to communicate other unknown whereabouts of these law enforcement locations. Since the location of any DUI roadblock has to be publicized in advance as stated in the law, this public information is therefore easily accessible to millions of private citizens using these applications.
Recently, a letter has been sent to Apple, Inc. by several U.S. Senators in an effort to try and have the apps, such as Trapster and others that associate the location of roadblocks or DUI checkpoints, removed from users and the availability to download them disabled as well. However, the Senators’ concern seemed misplaced to Apple, Inc. and others that reviewed the letter, considering that all roadblocks must be publicized in advance properly, which is stated in the law. In compliance with the Fourth Amendment, roadblocks or DUI checkpoints are there to downsize the intrusive nature or the occurrence of such search and seizures.
Even though these applications are great tools to spot and prevent drivers traveling through roadblocks or checkpoint, the DUI locations are still bring an enormous amount of revenue into the police departments. Numerous tickets almost seem normal to those passing through these checkpoints since officers tend to distribute tickets and citations for a number of small discrepancies such as: expired driver’s license, no license, driving while a license is suspended, tag expiration, inspection decal expiration, or not even holding a current insurance card. Even with so many continuous checkpoints, technology cannot always catch them all in a timely manner. Although roadblocks and checkpoints serve a superior, positive purpose, they usually do not catch many drivers that happen to be behind the wheel under the influence.
Call (800) 687-2252 to speak with an experienced Florida DUI attorney in your area.
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Tuesday, April 19th, 2011
The U.S. Supreme Court and Florida court decisions have upheld DUI checkpoints despite the lack of individualized suspicion that is normally required for a vehicle stop. Generally, a driver may not be stopped unless the officer has “reasonable suspicion” that a crime is being committed. A police officer may stop you if he observes you violating some other traffic law such as speeding or running a red light. A police officer may also develop enough evidence to constitute reasonable suspicion if the officer observes erratic driving behavior such as swerving within your lane. However, a police officer may not stop a driver and lawfully conduct a DUI investigation, including field sobriety testing or breath testing, merely because the officer has a hunch that a crime is being committed. DUI checkpoints are an exception to the general rule that individualized suspicion is required before stopping and inquiring of a driver.
However, a DUI checkpoint must be based on a carefully defined plan that limits the discretion of an officer to make subjective decisions about who to stop. The plan must utilize a carefully articulated objective mathematical formula for determining who to stop, such as stopping every third driver. The plan also must not result in unreasonable delay and must provide for the safety or motorists. These competing standards sometimes lead law enforcement authorities to develop a plan that permits too much discretion and results in illegal stops. If the evidence against you in a Florida DUI criminal case is developed during an illegal DUI checkpoint stop, your Florida DUI attorney may be able to have any evidence obtained during the stop suppressed including the following:
Incriminating statements
Police officer observations such as red watery eyes, slurred speech, alcohol on driver’s breath
Field sobriety test results
Breath, blood or urine test results
The Florida Second District Court of Appeals reversed a case Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008) in 2008 because the Florida DUI checkpoint did not have sufficient guidelines. The plan provided that every vehicle would be stopped, but the plan had a contingency provision for what to do if traffic backed up because every driver was being stopped. The plan provided that if traffic backed up, the supervising officer could either temporarily close the checkpoint until the traffic cleared or change the number of vehicles to be stopped. The court found that this plan did not sufficiently constrain the discretion of police in determining who would be stopped to ensure drivers were not stopped on a subjective basis. The court reversed the conviction of the driver.
This is just one example of how an experienced Florida DUI attorney can impact your case and seek to have DUI charges reduced or dismissed altogether. An experienced DUI attorney may file a motion to suppress evidence obtained during an illegal stop that was not based on sufficient individualized suspicion or a DUI checkpoint plan that fails to comply with the strict requirements and procedures required by Florida DUI law. If you have been arrested for a Florida DUI, you should contact an experienced Florida DUI attorney who can investigate your case and advise you regarding your rights and potential DUI defense strategies.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
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