Tampa Bay Criminal Defense Lawyer Blog

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.

October 14, 2011

FORT LAUDERDALE: Plea Deal Reached in Phoney Breast Exam Scam

by Blake & Dorsten, P.A.

According to an online story on SunSentinal.com, a Coconut Creek man accused of posing as a doctor and offering free door-to-door “breast exams” has reached a deal with prosecutors, lawyers told a Broward County judge on Tuesday.

Phillip Winikoff, 81, was accused in April 2006 of carrying on the ruse with women at an apartment complex in the 3200 block of Northwest 40th Street in Lauderdale Lakes. Investigators said two (2) women took Winikoff up on the offer, allowed him into their apartments and realized something was amiss only after the phony “breast exams” started.Winikoff was charged with three (3) Felony counts of Sexual Battery, two (2) counts of Practicing Medicine without a License, two (2) counts of Simple Battery, and one (1) count of Using the Title of Doctor without a License.

If tried and convicted, he could have been sentenced to more than forty-five (45) years in the Florida State Prison system for the Sexual Battery charges and another ten (10) years for Practicing Medicine without a License.

It was not revealed Tuesday whether the deal Winikoff reached with prosecutors will keep him out of prison.

Winikoff, who was in court with a half-dozen family members, was scheduled to enter a plea of either Guilty or No Contest, but by the time the prosecutor and Winikoff’s lawyer arrived, Broward Circuit Judge Sandra Perlman said she had a Trial to oversee and needed to reschedule the Winikoff plea. No firm date was set.

At the time of Winikoff’s arrest, the Broward County Sheriff’s Office said he carried a little black bag to lend credibility to his claim of being a doctor. The first victim, 36 years old at the time, told detectives he started the exam by fondling her breasts, and she knew something was wrong when his hands wandered elsewhere.By the time the victim called 911, Winikoff had already found a second victim, the Broward County Sheriff’s Office said.

LADIES, PLEASE TAKE NOTE: The next time a man shows up on your doorstep claiming to be a doctor who performs free door-to-door “breast exams,” think twice about accepting his offer. Yes, even if he’s got a black doctor’s bag.
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September 27, 2011

NEW PORT RICHEY: “Operation No Appointment Necessary” Rounds Up Dozens of Suspects in Multi-County Prescription Drug Sting

by Blake & Dorsten, P.A.

According to a story in today’s St. Petersburg Times, dozens of suspects have been rounded up (and dozens more are still wanted) in a multi-county prescription drug operation known as “Operation No Appointment Necessary.”

The St. Pete Times reports the following:

The phony prescriptions were printed out on a home computer and passed out to “runners” who got them filled at local pharmacies.

September 20, 2011

ST. PETERSBURG: More Red Light Cameras On the Way

by Blake & Dorsten, P.A.

Starting September 15, 2011, St. Petersburg drivers at certain stop lights will be able to wave at stop light cameras while red-light runners will get their pictures taken and a warning in the mail.

Certain intersections in Pinellas county are getting cameras attached to the signals. Red Light Cameras, as they are called, will capture still images and video of red-light running drivers and their plates. These cameras are currently being used at many lights already in the Tampa Bay area.

Now the City of St. Petersburg is installing even more. The City’s transportation officials have launched a new public safety program called “Stop on Red.” Currently the city is posting warning signs alerting drivers that the red-light safety cameras will be installed at the signals.Police say studies show that drivers tend to change their red light running habits with cameras watching them. Law enforcement like to think of the red light cameras as a form of behavior modification. Opponents say the cameras and the fines they generate, are a huge moneymaker for law enforcement agencies and doubt that they will stop fatalities.

Installation of the Red Light Cameras and warning signs has been finalized at these St. Petersburg intersections:

*** 4th Street and Gandy Boulevard ***
*** 4th Street and 54th Avenue North ***
*** 4th Street and 22nd Avenue North ***
*** 6th Street and 5th Avenue North ***
*** 34th Street and 38th Avenue North ***
*** 34th Street and 1st Avenue North ***
*** 34th Street and 1st Avenue South ***
*** 34th Street and 22nd Avenue South ***
*** 66th Street and 38th Avenue North ***
*** 66th Street and Tyrone Boulevard ***

These intersections were chosen after a crash study identified these locations as high -risk for accidents. Over the past three (3) years the city has had twenty one (21) fatal crashes at stop lights, with 13 deaths related to red-light runners.Starting September 15, 2011, drivers caught on tape running these signals will receive a mailed “warning,” sent to the registered owner of the car. Then thirty (30) days later on October 15, 2011, Traffic Citations by mail will be issued if someone runs these lights. Running a red-light could set you back $158.00, and can increase to $264.00 or higher if paid late.

There are at least thirty (30) Red Light Cameras mounted in Tampa Bay including, over twenty (20) in Hillsborough County.

Previously approved Red Light Cameras in South Pasadena are now at the following locations:

*** Northbound Pasadena Avenue South @ Sailboat Key Boulevard South ***
*** Northbound Pasadena Avenue South @ Shore Drive South ***
*** Northbound Pasadena Avenue South @ Park Street South ***
*** Southbound Pasadena Avenue South. @ Gulfport Boulevard South ***
*** Southbound Pasadena Avenue South @ Shore Drive South ***

CONSIDER YOURSELF WARNED

September 15, 2011

BROOKSVILLE: Oxycodone was Motive for Son Killing His Father

by Blake & Dorsten, P.A.

A jury in Hernando County Florida finds son Guilty of First Degree Murder for killing his father, in cold blood, over the popular (and deadly) drug Oxycodone.

In a Brooksville courtroom, Assistant State Attorney Pete Magrino gripped the Revelation 12-gauge, sawed-off shotgun and pointed it at the courtroom wall, just feet from the jury.He pumped the slide on the shotgun, then pulled the trigger. Pump. Click. Pump. Click. Pump. Click.

“Ivan Horne was shot four (4) times. I don’t know how fast or slow the defendant cycled this shotgun when he murdered his father,” Magrino told jurors Thursday, pointing at the 20-year-old man sitting at the defense table. “We’re not talking one shot.”

August 22, 2011

SEMINOLE: $10,000 Bail for Mom Accused of Trying to Sell Her Son

by Blake & Dorsten, P.A.

A rather disturbing story was featured in today’s St. Pete Times about a Seminole mother who tried to sell her son for $2,000 because of her addiction to prescription drugs.

The 5-year-old boy was excited to start kindergarten Tuesday in Tampa.

Jim and Betty Gardner, who have helped raise the boy since he was an infant, were working hard to prepare him by establishing a morning routine.

Now, they’re worried how his first school year will begin.

The child was taken into protective custody Saturday after authorities arrested his mother and accused her of trying to sell him to the Gardners for $2,000.

Jessica Mickles Beers, 28, whose last known address was in Seminole, was charged with Felony Sale of Parental Rights along with a Violation of Probation (VOP) on her pending Grand Theft charge. At her First Appearance Hearing on Sunday, bail was set at $10,000.Gardner, 58, said he and his wife met Beers when the boy was just a few months old after she called their church for assistance. They took food and diapers to her.

Beers essentially was homeless, but was living with other people. She asked to move in with the Gardners and they agreed, Gardner said.

For the next five (5) years or so, the Gardners, who have fostered numerous children over the years, helped take care of Beers and her child.

About two years ago, Beers began talking about having the couple take guardianship of her son but never followed through with it. Early Saturday, Gardner said, Beers called him and offered to sign away her parental rights if the Gardners would pay her $2,000.

“It was money or else …” Gardner said. “I thought ‘Whoa, that’s illegal.’ “He contacted the Pinellas County Sheriff’s Office (PCSO), which arrested Beers at a Seminole grocery store when she came to collect the cash.

The child was not with Beers, but she told authorities where he could be found, Gardner said. Gardner said he believes Beers is addicted to prescription drugs.
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August 10, 2011

CLEARWATER: Man Arrested with “F*CK THE POLICE” Tattoo on His Face

by Blake & Dorsten, P.A.

I’m all for individuality and one’s right to tattoo (almost) anything they want on their body. However, there comes a time when you are just asking for trouble….

Yesterday, an man was arrested under the authority of a U.S. Immigration and Customs Enforcement (ICE) warrant.Ismael Hernandez-Ambrosio, of Clearwater, was booked into the Pinellas County Jail around 3:00 p.m. Tuesday afternoon. And I’m sure the arresting officer(s), detention deputies and jail staff enjoyed listing his “Scars, Marks & Tattoos” (as is routinely done when being booked into the Pinellas County Jail.

Unfortunately for Mr. Hernandez-Ambrosio, his “F*CK THE POLICE” Tattoo, going straight across his face, problem didn’t earn him any brownie points, or an extra juice cup, or an extended, long-distance phone call.If there is any moral to this story, it has to be “think twice” or three (3) times before inking yourself in such a negative way. As the former Gang Unit Prosecutor in Pinellas County, Florida, I’ve seen negative tattoos become damaging evidence used by prosecutors against arrested individuals.

July 15, 2011

ORLANDO: Casey Anthony to Appeal Her 4 Misdemeanor Convictions

by Blake & Dorsten, P.A.

Casey Anthony’s defense team has announced that they will be appealing her four (4) Misdemeanor convictions from her recent First Degree Murder trial.

Friday morning, Casey’s defense attorneys filed their Notice of Appeal for the four (4) counts of misleading law enforcement, for which she was convicted by the same jury that acquitted her of First Degree Murder.It was almost three (3) years ago that Casey told Orange County deputies the following:

(1) That she worked at Universal Orlando Resort in 2008,
(2) That she left Caylee with a babysitter named Zenaida Gonzalez,
(3) That she told Jeffrey Hopkins and Juliette Lewis that Caylee was missing,
(4) That she spoke to Caylee on the phone on July 15, 2008.

Casey was charged and convicted of a separate count for each of the above false statements. She was fined the maximum $1,000 for each count, totaling $4,618 after court costs.Judge Belvin Perry also sentenced Casey to a total of four (4) years in jail, which has already been shortened based on the time she has spent behind bars (awaiting trial), and her good behavior in jail. Casey is due to be released Sunday.

From a strategic standpoint, an appeal could have a huge effect on Casey’s civil case involving Zenaida Gonzalez, which took a bizarre turn Friday morning after a quick end to an emergency hearing.

Once the appeal is formally filed, she can legitimately assert her Fifth Amendment right against self-incrimination in any deposition or interrogation until the appeal is exhausted!

As far as Casey is concerned, there is no downside to this legal maneuver. If she loses the appeal, she will still be released from jail on Sunday. She cannot be punished for appealing.Another bright move by her defense team to, once again, protect her from having to tell the truth about what happened to her daughter Caylee.
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