Posts Tagged ‘Florida DUI Checkpoints’

Smartphone DUI and Police Applications

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.

How Your Florida DUI Attorney May Challenge A DUI Checkpoint Plan

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).