DUI & BUI

March 16, 2012

DUI Checkpoint in Clearwater, Florida Results in Dozens of Arrests.

A DUI checkpoint put in place on Friday night nabbed almost two dozen arrests in Clearwater, per the Pinellas County Sheriff’s Office. Per the Tampa Bay Times website, 385 cars were diverted along U.S. 19 at the checkpoint. Ironically, out of the almost two dozen arrests, only one was for DUI , the other arrests were ranging from traffic citations to drug possession.

As a criminal defense attorney, I often get asked questions about the law and specific situations. One series of questions that always seems to come up include checkpoints and their legality. The two main questions I get are as follows:”Are checkpoints legal” and “Can I only get busted for a DUI”?

As to the first question, “Are checkpoints legal”?, the answer is a resounding “maybe”! The Supreme Court has ruled that checkpoints ARE constitutional if they follow certain rules. Most importantely, the cars in a checkpoint cannot be picked to be inspected at random. There needs to be a system in place to ensure that the vehicles at a checkpoint are pulled over in a process. For example, the police can pull over every 3rd car or every 17th vehicle at the checkpoint. The police can also pull over a car if the driver or driving pattern looks suspicious (for example, if a car is weaving at the checkpoint, the vehicle can be pulled over). The police CANNOT pull over a vehicle because of the driver’s race, sex or physical appearance.

The second common question I receive, “Can the police at a checkpoint only arrest you for a DUI if you get arrested at a checkpoint” is much easier to answer. That is a resounding “NO”! If the police follow proper protocol in forming a DUI checkpoint, then any other contraband the police find can be used against you. The Clearwater DUI checkpoint in the story above demonstrates that. Out of the nearly two dozen arrests, all but one was for other criminal acts. The police also made arrests for illegal drugs, traffic violations and outstanding warrants.
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December 19, 2011

USA TODAY: All States Should Ban Cell Phone Use While Driving

by Blake & Dorsten, P.A.

An interesting story in last week’s USA Today poses an interesting an important question to consider this Holiday Season:

Should all states ban cell phone use while driving?According to the USA Today article, state governments should prohibit all drivers from using portable electronic devices such as cellphones while behind the wheel, the National Transportation Safety Board (NTSB) unanimously recommended Tuesday.

The recommendation from the Safety Board followed a hearing on a Missouri highway crash on Aug. 5, 2010, which killed two (2) people and injured thirty eight (38). The chain-reaction crash of four (4) vehicles included two (2) school buses.The Board ruled that the initial collision was caused by a pickup driver, Daniel Schatz, 19, who was one of the fatalities, sending eleven (11) text messages in the eleven (11) minutes before the crash. His pickup rammed the back of a tractor-trailer that had slowed for construction on Interstate 44 near Gray Summit.

December 15, 2011

MIAMI: Flo Rida Enters “First-Time Offender Program” on DUI Charge

by Blake & Dorsten, P.A.

South Florida rapper Flo Rida has entered into a deal in his DUI arrest on Miami Beach in June that will net him no jail time.According to Flo Rida’s attorney Daniel Lurvey, the rapper was allowed to enroll in the “Back On Track” program for first-time offenders. The program requires participants to perform community service and take classes. Flo Rida will also have to pay fees and court costs.

If completed, Flo Rida, whose real name is Tramar Dillard, will have his DUI charge amended to Reckless Driving with a “withhold of adjudication.” He will have no points on his license and could be eligible to have his arrest and criminal records Sealed.Dillard was charged with DUI and Driving with a Suspended License June 9 while in his 2008 Bugatti on the 500 block of Washington Avenue.While Dillard was being given a sobriety test, a crowd gathered, some asking that the police let Dillard go, others offering to give him a ride home.

July 14, 2011

POLK COUNTY: No More Free Underwear for Male Inmates

by Blake & Dorsten, P.A.

As reported by BayNews9, Polk County Sheriff Grady Judd is at it again.

In another “cost-cutting” measure, the Polk County Jail will no longer provide free underwear to its inmates.Normally, when an inmate is booked in the jail, they are given an orange shirt, orange pants and underwear.

In order to save money, Polk County Sheriff Grady Judd has proposed making males inmates pay if they want their “tighty whities.”

The cost-saving measure was part of the sheriff’s 2011-2012 budget he presented to county commissioners Thursday afternoon. Judd said it will save the county $45,000.

Although women behind bars will still be provided underwear, the men will have to pay.

“For those who don’t want to pay, they can let the breeze blow up one leg and out the other,” Judd said (in classic Grady Judd fashion).

The idea drew smiles from several county commissioners and laughter from the crowd.

“You and I buy it at the store. So, if they want it, they can buy it,” he said. Judd said they are also cutting eleven (11) positions, including six (6) supervisors.

Judd says while his department is doing more with less, his highest priority remains keeping the people of Polk County safe.

Judd said the new policy will not cause the quality of service from the department to go down.

“None of these cuts will keep us from answering the call,” Judd said.

FYI — As for the underwear, it’s about $2.50 for briefs and $4.50 for boxers. The choice is up to the inmates.

“We give our inmates choices at our jail,” he said.

The new underwear rule will breeze into effect Aug. 1st.
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April 19, 2011

DESTIN: Textalyzer App Created to Cut Down on Drunk, Late-Night, Texting

by Blake & Dorsten, P.A.

After a few nights of regrets and “I wish I hadn’t sent that” thoughts, Samantha Deeter came up with the ultimate idea for an iPhone application: Textalyzer.

According to a recent online story at NWFDailyNews.com, Deeter created this new iPhone application to prevent her from sending drunk text messages (that she later regrets the next day).”This is to prevent people from doing the ultimate no-no,” said Deeter, a Destin resident.

“I was briefly single and would run around from time to time bar hopping after work and would always tell people, ‘I wish there was a Breathalyzer for phones.’ That’s when I got the idea.”

Deeter said she emailed a company that develops apps and an hour later was on the phone making the idea a reality. She said the company liked the idea so much they decided to partner with her.

Textalyzer starts by having the user make a “forbidden list,” which consists of phone contacts that are the likely targets of drunken texts. If a contact on the list is selected, the user has to go through a series of games to send a text.

If the user does not pass the four (4) games, the text doesn’t get sent. Twelve (12) hours later, the user will be asked if they still wish to send the message.The user can also leave reminders about why texting certain individuals is a bad idea.

The application went on sale Monday on iTunes. Deeter said if the 99-cent application does well with iPhone users, she will develop a program for the Droid.

“It was crazy when the app was complete, seeing all my ideas,” Deeter said. “So far, I haven’t gotten any negative feedback. People seem to like the app.”

For more information, go to www.textalyzerapp.com, or go to Facebook.com or Twitter.com to learn more.

“If you’re single, drink and have an ex, (then) you need this app,” Deeter said.
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January 24, 2011

DAYTONA BEACH: Legal Drugs Can Still Lead to a DUI

by Blake & Dorsten, P.A.

The Daytona Beach News-Journal published a good story this week about the rise in DUI arrests involving both “legal” prescription drugs as well as over-the-counter drugs.

Whether it’s cold medicine, cough syrup, a legal prescription drug or alcohol, if you ingest too much and drive a vehicle, you can be charged with Driving Under the Influence.”Even if someone is taking prescription drugs legally, they can be charged with DUI,” said Sgt. Kim Montes, spokeswoman for the Florida Highway Patrol (FHP) district that includes Volusia County. “If a trooper evaluates someone, either on a traffic stop or at a crash scene, and determines they are impaired from alcohol, illegal or legal drugs, or another substance, they can be arrested.”

The FHP recently charged a man with DUI Manslaughter in an Orlando case because they believe he had inhaled computer cleaner, Montes said.

Toxicology reports, which reveal the presence of substances in the blood that can lead to impairment, can take several months to complete, said FHP Lt. Bill Leeper. He noted authorities are awaiting toxicology results in at least one Flagler County crash involving serious injuries.

The Friends Drive Sober organization devotes a section of its website to prescription and over-the-counter drugs and their effect on drivers.

“Drugs impair our bodies in a variety of ways,” the site reads. “They may blur our vision; make us tired or too excited; alter depth perception; make us see or hear things that may not be there; raise or lower blood pressure; react too quickly, too slowly, or not at all. They cause problems with concentrating on the task at hand.”

The Centers for Disease Control and Prevention specifically lists cough and cold medications containing dextromethorphan as one of the most commonly misused over-the-counter drugs, “to get high.”

“The pivotal issue when it comes to controlled substances is impairment,” said Chris Kelly, spokesman for the State Attorney’s Office (emphasis added).

The short answer, he said, as to whether a person is guilty of Driving Under the Influence depends on two things: the impaired individual is “in [actual physical] control of the vehicle” and, per state statute, that “the person’s normal faculties are impaired.”

The Florida Department of Law Enforcement (FDLE) runs a panel for all controlled substances when blood is drawn, said spokeswoman Susie Murphy.

“We don’t typically test for huffing (inhaled) agents,” Murphy said. “We don’t test for over-the-counter drugs at all.”

But that doesn’t mean a person can’t be charged with DUI for taking over-the-counter medication.

“If someone were to ingest enough over-the-counter medicine, they could also be arrested for DUI if it is determined that they are impaired,” Montes said.
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January 12, 2011

CA: Jaime Pressly Blows .22 Following Recent DUI Arrest

by Blake & Dorsten, P.A.

Authorities in California say actress Jaime Pressly has been arrested in Santa Monica for investigation of Driving Under the Influence of alcohol.Lt. Darrell Lowe says the co-star of TV’s My Name is Earl was stopped for a Traffic Violation around 11:00 p.m. Wednesday and booked on suspicion of DUI but he’s not releasing any details.

The Los Angeles County sheriff’s website says the 33-year-old actress-model spent the night in jail and was released Thursday morning after posting $15,000 bail.According to an online story several days later on The Huffington Post, Jaime Pressly’s DUI arrest on January 5th was no close call — the My Name Is Earl star registered a .22 blood alcohol level, nearly three (3) times the legal limit.

January 11, 2011

NEBRASKA: Jury Finds Man Dressed as a Breathalyzer, for Halloween, Guilty of DUI

by Blake & Dorsten, P.A.

As many of our regular readers already know, attorney Nicholas J. Dorsten, of the Clearwater-based Blake & Dorsten, P.A., searches the web for interesting (and sometimes humorous) legal stories for his Tampa Bay Criminal Lawyer Attorney Blog. Well, every once in awhile, we hit the proverbial jackpot (this week, courtesy of the JournalStar.com).

This week, in Lancaster County, Nebraska, a Jury found a 19-year-old arrested for Driving Under the Influence (while wearing a Breathalyzer costume) guilty of DUI.

Matthew Nieveen, of Lincoln, gained notoriety in the days after Halloween when Lincoln Police Chief Tom Casady posted his booking photo on his blog. Nieveen had been at a Halloween party before being stopped by law enforcement.An officer stopped Nieveen’s pickup early November 1st near 37th Street and Huntington Avenue and said Nieveen had “watery eyes” and “slurred speech” and smelled like alcohol. Police also found a bottle of vodka, a half-full bottle of Mountain Dew and vodka, and several cans and bottles of beer in his truck.

The officer cited Nieveen and took him to Cornhusker Place, where, a police report says, his blood-alcohol content tested more than twice the legal limit of .08 percent. The legal limit for minors is zero.

Nieveen is set for Sentencing in February.
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December 29, 2010

TAMPA BAY: “No Refusal” DUI Checkpoints are Coming to Take Your Blood

by Blake & Dorsten, P.A.

Now that New Year’s Eve is only a couple of days away, the National Highway Traffic Safety Administration (NHTSA) expects this to be one of the deadliest weeks of the year on the roads.To combat this, law enforcement is considering a new weapon in their fight against drunk driving.

And it’s a change that could substantially increase the State’s likelihood to obtain a DUI conviction.

“I think it’s a great deterrent for people,” said Linda Unfried, from Mother’s Against Drunk Driving (MADD) in Hillsborough County.

Florida is among several states now holding what are called “No Refusal” DUI Checkpoints.

So, what does this mean for you as you head out to enjoy your Holiday Season?

It means if you refuse to submit to a breath test during a traffic stop, an on-site Judge can issue a search warrant allowing the police to take an involuntary blood sample (by using actual force, if necessary).

According to WTSP.com 10 News, It’s already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

“I think you’ll see the difference because people will not drink and drive. I truly believe that,” she said.However, not everyone agrees with Unfried about “No Refusal” DUI Checkpoints.

“It’s a slippery slope and it’s got to stop somewhere,” says local DUI defense attorney Kevin Hayslett. He asks “what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?”

The Federal government says Florida has among the highest rates of breathalyzer refusal.

“Now you’ve got attorneys telling their clients, don’t blow, don’t blow! Because we know from the results from these machines that they’re not operating as the State or the government says they’re supposed to operate,” said Stephen Daniels, a local DUI consultant and DUI expert witness.

“We don’t want to violate people’s civil rights. That’s the last thing we want to do, but we’re here to save lives,” Unfried said.

She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.
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December 24, 2010

CLEARWATER: Happy Holidays from the Blake & Dorsten, P.A.

by Blake & Dorsten, P.A.

As we enter another Holiday Season, the Blake & Dorsten, P.A. would like to wish you and yours a Happy and Safe Holiday weekend.With the support of all of our friends, family and clients, 2010 was another excellent year for the Blake & Dorsten, P.A.. And for that, we have much to be thankful for this Holiday Season.

To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.

To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the Blake & Dorsten, P.A. to provide an experienced and aggressive representation to those that you’ve sent our way.

And to both our former and present clients, thank you for the trust that you have placed in the Blake & Dorsten, P.A. to protect your rights and to handle your important criminal and/or traffic-related matters.

As many of you know, 2010 presented some different challenges for the Blake & Dorsten, P.A.. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire Blake & Dorsten, P.A. team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.As always, attorney Nicholas J. Dorsten will be available throughout the Holiday Weekend. In fact, we were very grateful to sign up a new Client today and make a Christmas Eve trip to the Pinellas County Jail.
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