Articles Posted in DUI & BUI

From an online article in the sun-sentinel, a woman was arrested for a DUI. The twist? She is claiming she wasn’t driving…

26-year old Kimberly Martin of Florida was arrested early Thursday morning by the Marion County Sheriff’s Office. There release gave a few more details.

An eyewitness saw Ms. Martin “speeding into the parking lot and slammed on the brakes in front of the gas pumps”. When the mother of four got out of the car, she was reeking of alcohol and had three small children in the backseat.

The eyewitness proceeded to take the keys away from the DUI suspect and police were called to the scene.

The suspect performed field sobriety exercises and failed them, per the police report. She was arrested on suspicion of Driving Under the Influence and during a search incident to arrest, she was found to have an oxycodone pill on her. The Sheriff’s office then charged her with a possession of a controlled substance. Later, the suspect took the breathalyzer test where she blew a .21 (the legal limit in Florida FYI is a .08-she blew almost THREE times the limit)!

The children, ranging in ages from 9 years to six months, were given to a family member.

What seemed like an open and shut case got a little weirder. In a jail house interview with the Ocala Star banner, the suspect continued to swear she was not driving. Rather, she claimed it was every wife’s arch-nemesis, the mother-in-law, who was actually driving.

Per the suspect, she was on her way to jail to bond her husband out. While on the way, she got in an arguement with the driver, the mysterious mother-in-law. At the gas station, the mom stormed off, leaving Kimberly alone. The only problem with this story is that there was a witness to Ms. Martin driving, nobody saw this mother-in-law and she was not seen on the gas station video!

Despite this stellar defense strategy, Ms. Martin may have even bigger problems. The police arrested her for the offenses of DUI, possession of oxycodone and tampering with evidence. These new arrests violated her probation . Ms. Martin was actually on probation at the time for ANOTHER DUI as well as a sale of a controlled substance.While it looks like the suspect may be facing a long jail/prison period, in reality, these charges could have been much, much worse. In many Florida counties, getting a DUI with children in the vehicle results in an additional charge of child abuse. Also, she could have had additional charges such as traffic offenses or giving false information to a police officer.
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From the channel 10 news team website, a Tampa man is facing felony charges for a joyride in a “borrowed” Walmart electric motor cart…

Timothy Carr, 48, had a few drinks and decided that he wanted to spice up his night. His night ended in jail where he was arrested for disorderly intoxication, felony retail theft and DUI for taking a motorized shopping cart for a spin…

Police were called out to a Tampa Walmart last Sunday in reference to an intoxicated man. When the officers arrived, they found the suspect in a shopping cart driving through the aisles and knocking over merchandise. He was seen drinking alcohol from a bottle he swiped from the store.

Legal Analysis

The man was arrested for retail theft after he admitted he had no money for the alcohol he had stolen. While the amount taken was not enough to be charged with a felony grand theft he was still charged with a felony because he had multiple petit theft priors.

Florida statute 812.014(3)(c) deals with a case like Timothy Carrs. While he stole a misdemeanor amount of goods, he was still charged with a third degree felony. This is because under the above statute, he can be charged with a felony theft if he had two or more prior retail theft convictions.DUI on a scooter?!

As a Saint Petersburg DUI attorney, clients are often amazed about what the law considers a vehicle. A Driving Under the Influence charge can come about from a motor vehicle, lawn mower, truck, scooter, golf cart and even a bicycle! Florida State Statute 320-01 goes into the definition of a “motor Vehicle” as follows:

320.01 Definitions, general.–As used in the Florida Statutes, except as otherwise provided, the term:
(1) ”Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
(b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended.

At first glance this statute appears to not allow for bicycle or electric motor scooter DUIs. However, a closer look at the Florida Driving Under the Influence statute reveals that you merely need to be in actual physical control of a VEHICLE on a public road and not a MOTOR vehicle. Hence the Defendant in the above article could be charged with the scooter DUI as long as he was on a public road for at least part of his joyride. Our prediction? The drinking and driving charge won’t stick as there is scant evidence that the suspect was ever on a public road as well as the fact that jury members in most Florida counties often do not like to convict their fellow citizens for non automobile drinking and driving cases!
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An old article from the Tampa Bay Times which discussed how Pinellas county practices heightened BUI enforcement on major holidays. With spring and summer fast approaching and boating season coming soon, now is the time to learn more about “drunken boating” throughout this county.

BUI, or Boating Under the Influence, is a serious problem, especially here in Florida, which has more registered boats than any other state in the union. It is common knowledge that driving a car with an open container of alcohol is illegal. However, on a boat it is not illegal to have open cans of alcohol. In fact, if you are driving the boat, you are allowed to be drinking alcohol…yet you are NOT allowed to be “drunk” or over the legal limit of a .08 BAC.

Captain Tom Shipp of the Florida Fish and Wildlife Conservation Commission concurs,
“A lot of people don’t think twice about it, but whether you are in a boat or a car, the impairment is still the same.”

To combat the dangers of drinking and boating in Pinellas county, local law enforcement increases their man power on major boating holidays such as labor day, memorial day and the big one, July 4th. “We see an increase nationally during the summer months and statistically, alcohol-related arrests and accidents peak on the Fourth of July.” said John Fetterman, who works for the National Association of Boating Law Administrators.

Why the crackdown? Law enforcement studies have determined that illegal drugs or alcohol was a factor in over 25% of fatal boating accidents. In addition, drinking in or on the water affects your body differently then drinking on dry land. The experts in the article gave a multitude of examples, which include:

– Alcohol may cause an inner ear disturbance, making it more difficult to determine which way is up. This is a problem for people suddenly thrown overboard.

– Studies have shown that being impaired while boating may be more dangerous then drinking and driving a car. This is because most people are not as experienced boating as driving and may get confused.

– Motor vibrations from the boat engine and wave action are already distracting. Adding alcohol to the mix intensifies these distractions.

WHAT YOU NEED TO KNOW ABOUT YOUR PINELLAS BUIWhile BUIs and driving while impaired have a lot in common, there are a few differences that may affect a possible legal defense. One difference deals with officer contact.

For an officer to pull you over on suspicion of drunk driving while in a car, he needs “probable cause”. He needs to observe you breaking a traffic law (such as speeding) or driving in a way where the officer suspects you may be sick, injured or impaired. On the water, however, law enforcement can board you anytime to make a safety check of your vessel! This means that even if the captain is driving the boat perfectly, he must stop and allow himself to be boarded anytime per law enforcement request. Obviously this means that the only guarantee against picking up a Pinellas BUI charge is not drinking to the point of impairment.

Another big difference between driving drunk and boating has to do with the “field sobriety tests”. The Coast Guard has developed a series of tests that are different from the standard DUI ones such as the “walk and turn” or “one leg test”. According to the Coast Guard, these new impairment tests can all be performed when seated and apply a “percentage of probability” as to if the boater is impaired or not.

Finally, another main difference is in the punishments. Both DUI and BUI have similar fines, probation periods, community service and threat of jail time (up to six months in the pinellas county jail for a first offense under .15 BAC). Punishment for driving a car under the influence will include a DUI school driving course. For those convicted of “Boating under the Influence” you will be required to take the Coast Guard Boater Safety course as well as pay an extra fine of $151 (in addition to regular court costs) to the Brain and Spinal cord fund.

In conclusion, when it comes to Pinellas BUIs, knowledge is power. Knowing that you can be boarded anytime, be aware of how much you are drinking. If you have had a few drinks and are not sure if you can pass the field sobriety tests then have a sober friend drive call a tow!
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An interesting story from the New York Times, an up-and-coming trooper is accused of falsifying DUI cases to make a better name for herself…

A corporal in the Utah Highway Patrol, Lisa Steed was considered a budding star. Tough, yet kind, she racked up an impressive number of Driving under the influence” arrests and was named “Trooper of the year” in 2007. Her future seemed bright with numerous promotions heading her way.

This all changed late last fall when the trooper was fired with no warning. Her office would not give a reason why but a pending lawsuit gives a few clues. This lawsuit is claiming that she pulled over dozens of people, making numerous Drunk-driving arrests throughout her 10 year career.

The problem? According to the lawsuit, many of the drivers the trooper had pulled over were not drinking or taking controlled substances. or at least not the amounts needed to be considered impaired! This is according to the lawsuit, brought on behalf of the Plaintiffs by their former criminal defense lawyers.

According to one of the criminal law attorneys, some of the clients did not even drink alcohol. Despite passing field sobriety exercises, the trooper would claim they were impaired and still arrest them.

“We were all separately getting calls about Lisa Steed from people saying: ‘I was pulled over. I wasn’t doing anything wrong. She told me I smelled like alcohol, but I hadn’t been drinking,’ ” the lawyer said.

According to the lawsuit, over 40 people are claiming that they were faslely arrested by the Highway patrolman. This was done to impress her superiors and further her career.

According to the lawsuit, in all the cases, the charges were dropped or reduced to careless driving, but not before the defendants had to post bail, or pay court fess in the thousands of dollars.

For her part, the trooper is firing back. She has appealed her firing and through her attorney, is claiming that the vast majority of her cases have been upheld.

It appears to be more complicated then that. The State Attorney in her area has announced that he would not pursue any driving charges where she was the arresting officer.

More evidence has piuled up against Ms. Steed. A 2010 police memo found that 20 marijuana based driving cases where the trooper made an arrest showed later that no drugs were ever found in any of the defendant’s systems. The memo goes on to state that Ms. Steed would report that the drivers showed visual signs of impairment, and the memo mentioned concerns that defense lawyers would begin questioning her credibility.

Another 2011 case highlighted in the lawsuit shows more trooper credibility problems. A man was pulled over in layton for swerving. The man had told the officer he had not been drinking and he passed all field sobriety exercises. Yet he was still arrested. He was booked in jail and passed a blood alcohol test. All charges were eventually dropped.

In another case, Ms. Steed pulled over a lady for speeding. The woman, despite not drinking, was accused of DUI and arrested. Like the others, her charges were all dropped.

According to the lawyer in the lawsuit, he suspects that there were literally 100s of bad arrests.
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Working on a theme from an earlier post, there is another DUI checkpoint coming up this weekend, 12/14-12/15, just in time for the holiday season. The full article can be found here…

While there is never a good time to be drunk driving, doing so in Pinellas county this weekend just got a bit more dangerous. Local law enforcement agencies are teaming up to enforce a huge DUI/safety check on ALL southbound traffic on 34th street North (U.S. 19). This checkpoint will be enforced this Friday from 10:30 p.m. until 4:00a.m. Saturday morning.

Agencies participating in the check point include the Saint Petersburg police department, Florida Highway Patrol, the Pinellas county sheriff’s office, Belleair police, Gulfport, and the Kenneth city police department among others. This operation will take place at 1700 34th Street North (Publix parking lot).We present this information as a public service message and as a warning about possible traffic delays. We will do a followup report detailing any arrests that took place as a result of this operation.

As Pinellas DUI attorneys, we have been asked about the legalities of these checkpoints. As previously mentioned, these are legal as long as there is a set “pattern” of what cars get pulled over. For instance, picking every fourth or 10th car is legal, but pulling over every female or Asian driver is not. In this case, it appears that this may be the largest checkpoint in modern Pinellas history. EVERY car will be pulled over for almost a six hour period.

In conclusion, be aware and be a defensive driver! While drinking and driving or driving while high is always a public danger, the amount of “under the influence” arrests increases substantially around the holiday season. If you or a loved one plan on being out tonight stay vigilant and stay off US 19…
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Last March, days after the coroner revealed the cause of death for his ex-wife Whitney Houston (accidental drowning and cocaine use), Bobby Brown was arrested for a DUI. Now, per the Los Angeles Times, the R&B singer must check himself into rehab for a minimum stay of 90 days as part of his plea agreement.

Bobby Brown’s spokesman, Christopher Brown, told CNN: “Mr. Brown takes his agreement very seriously and admitted himself three weeks after concluding his honeymoon in Mexico during a break from the New Edition tour,”.

Once out of rehab, Bobby Brown will have three years of probation as well as fines and a time served jail sentence (one day). Mr. Brown was charged with Driving Under the Influence on March 26 after being pulled over for talking on his cell phone and then failing a field sobriety test.As St. Petersburg DUI attorneys, we have run into a similar problem as Bobby Brown’s criminal defense lawyer did. In Florida, there is MANDATORY jail for many DUIs! For instance, if you receive a 2nd DUI within five years of a first conviction, you are facing a mandatory minimum of 10 days in a county jail. If it is your third conviction in 10 years, you are looking at 30 days minimum. At Blake & Dorsten, P.A. we have found numerous rehab and DUI programs throughout Pinellas and Hillsborough counties where the judges substitute said programs in lieu of jail! This had made an untold number of clients happy. They avoid jail while getting treatment for themselves. If you or a loved one has any questions about treatment programs or rehab in this area contact our firm today for a free consultation.
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From the Tampa Bay times website, a quick article that talks about how a woman got help and not jail for her third DUI in as many weeks…

The 18 year old woman was picked up for “driving under the influence” three times in 18 days! Kim McCarthy told the police she didn’t realize smoking marijuana and driving was against the law. The judge took mercy on Ms. McCarthy and allowed her to enter into a residential treatment program followed by community control and probation.

This appears to be a big break for the woman as she was facing multiple felonies and misdemeanors. At one point she was denied bail as the judge felt she could not control her addictions.

Ms. McCarthy received her learners permit in November, 2011. That means she was not supposed to drive without a licensed adult in the vehicle with her. She chose not to follow that rule. In February of this year, she was pulled over and found with multiple zanax pills, marijuana, and an open bottle of rum. This led to a possession of controlled substance charge and her first DUI.

A few days later, she received a letter from the Department of Motor Vehicles saying her drivers license was suspended. Ms. McCarthy chose to continue driving and in March was arrested for her second DUI and possession of marijuana.She bonded out and the next day was back driving. She rear-ended a parked car. The victims thought she looked drunk and the police agreed with them. Kimberly was now charged with a felony DUI. During her arrest, the police also found marijuana, and pipes in her van.

While it sounds like the suspect got off easy, she still has to do jail time. The judge ordered Ms. McCarthy to remain in jail until bedspace became available at her drug treatment location. She must sucessfully complete treatment and that is followed by three years probation/community control, two of those years spent on an ankle monitor.
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