Hundreds of breathalyzer tests could be thrown out!

Tampa DUI Tests: "Hundreds of breathalyzer tests could be thrown out! By: Sara Dorsey Sarasota, Florida - He's asked us to conceal his identity because his case is still pending. But John, as we'll call him, was pulled over and charged with driving under the influence in Sarasota County last year."

Tampa DUI Attorney

Tampa DUI - Florida drink/drive laws could push open source

"Tom Sanders in California, vnunet.com 20 Oct 2005 A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code. Lawyers representing more than 150 defendants who have been charged for driving under the influence of alcohol in two Florida counties will file the request. They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt."

Tampa DUI Attorney

Driver Gets Probation In Fatal Crash - DUI Tampa

DUI Tampa - "[A young man] was sentenced today to six years' probation in a 2002 traffic crash that killed his 16-year- old passenger in a case beset with problems for prosecutors. [He] pleaded no contest to manslaughter by culpable negligence in the death of his friend. [He] had faced up to 15 years in prison. But authorities cited two factors in the lenient sentence: [The victim's] parents opposed jail time for [him] and prosecutors' key witness would have been a former Polk County sheriff's sergeant who is in prison for giving illegal medical exams. "

DUI Tampa - Manslaughter fugitive extradited from Costa Rica

DUI Tampa Post - "WEST PALM BEACH - The gamble [he] took in 1998 by moving to Costa Rica to avoid prison ended when his plane landed in South Florida Wednesday.

The former Royal Palm Beach man arrived at the Miami International Airport about 4:30 p.m. and was shuttled to the Palm Beach County Jail. Before fleeing the country, he had received a 32 1/2 -year prison sentence for killing a Jupiter Farms woman and her daughter while he was driving drunk. "

Tampa DUI - Surprise court ruling threatens to nullify results of DUI tests

Tampa DUI Post - "VENICE -- In a decision that could throw out the use of alcohol-breath test results in Sarasota County drunken-driving cases, a panel of judges ruled that defendants are entitled to inspect the source code of the breath-testing machine's software, though the manufacturer has refused to divulge it."

Tampa DUI - Deputies to conduct sobriety checkpoints

Tampa DUI Post - PINELLAS COUNTY - Deputies with the Sheriff's Office will conduct sobriety checkpoints this weekend in conjunction with the National Highway Traffic Safety Administration DUI Sustained Enforcement Program known as 'You Drink and Drive. You Lose.'

The goal of a sobriety checkpoint is to reduce injuries and to save lives.

Checkpoints will be set up on Friday, Nov. 4, 8 to 11 p.m., at North Dunedin Baptist Church, 1595 Michigan Blvd., Dunedin, and on Saturday, Nov. 5, 12:30 a.m. to 3:30 a.m. at the Home Depot, 2495 Gulf to Bay, Clearwater.

Where: Friday, November 4th from 8:00 p.m. to 11:00 p.m. at the North Dunedin Baptist Church located at 1595 Michigan Boulevard in Dunedin.

The goal of the DUI Sustained Enforcement Program is to mobilize every law enforcement agency in the state of Florida in a continuing effort to keep families safe from one of the greatest threats to our communities - the impaired driver."

Tampa DUI Info - Law that covers loss of fetus still awaits test

Tampa DUI - "TAVARES -- Prosecutors decided Friday not to charge a drug-impaired motorist with DUI manslaughter for a summer crash that injured a pregnant woman who lost her baby -- a case once eyed as the first test of a new state law to protect unborn children."

Tampa DUI - Breathalyzer company refuses to turn over source code

Tampa DUI Post - "The maker of the Intoxilyzer 5000 breathalyzer, CMI Inc., has informed prosecutors involved in several DUI cases in Sarasota County, Florida, that it will not assist prosecutors in complying with a judicial order to allow an expert hired by defense attorneys to review the source code for software used in the device.

On November 2, a three-judge panel ordered prosecutors to hand over the source code within 15 days, or by November 17, in conjunction with a state law that says defendants have a right to all information about the operation of computerized devices used as evidence in court, including manuals, troubleshooting guides and, potentially, source code for software.

The case has received a lot of attention in the open source and technology communities, in many ways because it is being seen as compelling evidence that devices with the potential to affect individuals' freedom or liberty - such as breathalyzers used in DUI cases and electronic voting machines in elections - should utilize open source software and be available for any citizen to review. And while open source software would prevent the need for a court order, the case is really about knowing that software is doing what it is designed to do."

Florida Hardship License Prohibited

Florida Driver License Information: "Hardship License Prohibited:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.

2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle."

Florida Business or Employment Reinstatement

Florida Driver License Information: "Business or Employment Reinstatement:

1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. "

Florida Driver License Review Hearings For Administrative Suspensions And Disqualifications

Florida Driver License Information: "Review Hearings For Administrative Suspensions And Disqualifications

Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification."

Florida Administrative Disqualification Law

Florida Driver License Information: "Administrative Disqualification Law

First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1-year disqualification.

First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.

Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.

The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification. "

Florida DUI Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Florida Driver License Information: "Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.

Second or Subsequent Suspensions 1 year.

First Suspension for Refusal to Submit to Breath Test: 1 year.

Second or Subsequent Suspensions for Refusal: 18 months.

The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible."

Florida DUI Driving While License Suspended or Revoked

Florida Driver License Information: "Driving While License Suspended or Revoked- s. 322.34, F.S.

Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both."

Florida DUI Adjudication and Sentencing

Florida Driver License Information: "Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.

Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .20 or greater."

Chemical or Physical Test Provisions (Implied Consent Law)

Florida Driver License Information: "Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.

Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.

Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.

Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.

Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S."

Florida Driver DUI School Requirements

Florida Driver License Information: "DUI School Requirements - s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.

Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction.

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation)

Customers Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.

Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.

Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation."

Business Purposes Only/Employment Purposes Only Reinstatements

Florida Driver License Information: "Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.

Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.

Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .20.

Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of "

Commercial Motor Vehicles (CMV) Alcohol-Related Convictions

Florida Driver License Information: "Commercial Motor Vehicles (CMV) Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.

Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.

There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle. "

Driver License Revocation Periods for DUI

Florida Driver License Information: "Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as 'A' above.

C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as 'A' above; one conviction more than 10 years prior and one within 5 years, same as 'B' above.

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as 'B-D' above. "

DUI Felony Conviction - DUI Tampa

Florida Driver License Information: "DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment). Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S."

DUI Misdemeanor Conviction Tampa DUI

Florida Driver License Information: "DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment)."

Impoundment of Immobilization of Vehicle

Florida Driver License Information: "Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant."

Florida Driver License Information

Florida Driver License Information: "Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.

Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutues, as habitual/violent offender. "

Florida Driver License Information

Florida Driver License Information: "Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.

Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000. "

Florida Driver License Information

Florida Driver License Information: "DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. "

Florida Georgia DUI Tampa Update

"Speaking of drinking, Florida beat No.4 Georgia 14-10 at the 'World's Largest Outdoor Cocktail Party.' The event lived up to its billing. Before the game, several Georgia fans were picked up for DUI (Driving Under the Illusion they could win without D.J. Shockley)."

A New Record - DUI Tampa - Driver Hospitalized After High Intoxilyzer Result

"LARGO -- A Largo man arrested for drunken driving was taken to the Largo Medical Center for an exam after his DUI test results were unusually high. [The person] was arrested Friday morning by Largo police near Ulmerton Road and 113th Avenue after the Pinellas County Sheriff's Office sent out a DUI notice for him. Police administered DUI tests on [The person] and the results were a .430 and .424. In Florida, a person with a DUI test reading of .08 is presumed to be intoxicated. Because the results were so high, [The person] was taken to the Largo Medical Center for medical clearance. He was then returned to the to Pinellas County Jail."

Kissimmee Police target DUI drivers - DUI Florida

"Motorists passing through Kissimmee may want to be particularly careful Saturday when city police conduct a drunken-driving saturation patrol for the 'You Drink & Drive, You Lose' campaign.

Osceola is one of 20 Florida counties included in the effort, which is designed to stop impaired drivers before they cause crashes, police spokesman Officer Ralph Herrera said.

The patrols are planned for sections of the city where most crashes involve an impaired driver.

More patrols are planned twice a month for the next year, Herrera said."

Officers scribbling tickets at record pace - DUI Pinellas

"The city's traffic unit is targeting school zones and major intersections with one thing in mind: safety.

By LORRI HELFAND, SP Times Staff Writer
Published October 25, 2005

LARGO - Speeders and red light runners, take heed. The Largo Police Department's traffic unit has been cracking down, issuing a record number of tickets for moving violations last month.

In September, officers wrote 2,489 tickets, 527 more than they did in April, the second-busiest month so far this year.

"We had the entire traffic safety unit hitting the major MPO intersections and school crossings," said patrol Capt. Glen Smith.

In 2003, the Pinellas County Metropolitan Planning Organization found that nine of the county's most accident-prone intersections were in Largo. To monitor school zones and scout out dangerous intersections, the city's traffic safety unit pooled all six of its officers, including two full-time officers who usually dedicate all of their time to DUI enforcement, Smith said."

To Drive or not to Drive . . .

"The penalties for DUI in the state of Florida can cost as much as $5,000 on the first offense, according to local law-enforcement officials. Offenders face revoked licenses, criminal records, community service, increased insurance rates, probation, fines and possible imprisonment.

Still, bar patrons say more leniency from the law and property owners is needed if they want them do the right thing and avoid driving home drunk.

Still, the towing costs for a DUI are higher -- financially and emotionally -- than for requesting a tow, Overstreet said.

"They can look at it as they are still getting screwed, but when you compare the cost of a DUI arrest, that's pretty cheap," he said. "It's much worse if you get in an accident and hurt or kill somebody. You're looking at spending the next 15 years in prison."

And now a word from the Bartender . .

Mixed blessing: "The bar culture changed when bartenders came face-to-face with legal action. Cases involving drunk customers going out and killing people with out-of-control vehicles sobered up the entire industry.

'Years ago it was more freewheeling,' Careys says. 'Nobody gave a damn about getting a DUI. The cops would pull you over and tell you to go to sleep for a while and get on home,' she said.

Now bartenders must pay attention to whether a customer has had one too many. Carey tells her students to slow down service to a customer who is getting drunk, or offer them coffee or something to eat.

How do you know if someone has reached their limit? 'They start slurring their words or they light two cigarettes at one time,' she says.

A technique Carey has used in the past is to take a customer's keys if they are laying on the bar. Then she asks the patron if she can call them a cab, and she gives the keys to the cab driver. If someone's really unruly, the last resort is to call the cops."

University of Florida's first DUI checkpoint - Gainesville.com

"The University of Florida's first DUI checkpoint on campus ended early Friday after police had arrested one person and issued 29 citations.

Police issued drivers a variety of citations, including for not having their car registration or proof of insurance, said UF Police Capt. Charles McCray.

A 27-year-old Gainesville man was stopped for driving under the influence and taken to the jail. A breath test gave readings of .111 and .105. In Florida, the legal limit for driving is 0.08.

DUI arrests on campus have been increasing since May of this year with more aggressive enforcement of traffic violations, according to University Police.

The check was held for five hours at Gale Lemerand Drive south of Museum Road next to the large commuter lot."

DUI Conviction Tossed Despite Confession - Tampa DUI from SPTimes

Columns: A principle should tip the scales of justice: "The point of requiring a corpus delicti is that a confession, by itself, is not enough to prove that a crime occurred. Otherwise, crazy people could confess to anything. Cops and prosecutors wouldn't need to worry about gathering evidence.
To quote the Florida Supreme Court in a landmark 1976 case:

The judicial quest for truth requires that no person be convicted out of derangement, mistake or official fabrication.

In this case, to prove the DUI-serious-injury charge, there had to be some independent proof that Esler was in fact drunk and driving the car that hit Jim. That evidence did not exist. The case boiled down to (1) Jim saying somebody in a white car hit him and (2) Tina saying she had been driving a white car in the area.

The appeals court reversed her conviction."

Convicted drunk driver tells story - (DUI Tampa Attorney) fromThe BG News -

"Convicted drunk driver tells story - Students gather to hear tale of spring break disaster

By Laura Hoesman
SENIOR REPORTER
October 24, 2005

Six years ago, drunk after an evening of partying on his spring break in Florida, Mark Sterner crashed his car, killing three of his fraternity brothers and earning three DUI manslaughter convictions.

Sitting in a Florida high-security prison, fearing for his own life every day, Sterner realized that to prevent other students from getting in the same trouble he was in, he had to tell people his story. Yesterday evening, to a crowd that filled the Union Ballroom, Sterner continued his mission to tell as many people as possible what can happen when people drive drunk."

Breath Tests on Trial

Sarasota County defense attorneys target breath-testing equipment

By Todd Ruger
Sarasota Herald Tribune

"SARASOTA COUNTY -- Defense attorneys are attacking the credibility of one of the county's most powerful tools against suspected drunk drivers: the Intoxilyzer 5000.

The briefcase-sized machine uses a breath sample to let police know if someone's blood-alcohol content is over the legal limit of .08.

But nearly 150 defendants in DUI cases say they need to know how the machine's software works to determine whether the results against them are reliable.

Their attorneys already know the problem: Prosecutors can't give them the software's source code because they don't know it. And the manufacturer of the Intoxilyzer 5000 says the code is a trade secret and won't divulge it

Motorcyclist Convicted In Trooper's Death

"A motorcyclist whose race with a sports car on Interstate 4 led to a Florida Highway Patrol trooper's fatal crash was convicted of aggravated manslaughter by a jury on Tuesday.

[The man] was convicted of vehicular homicide and fleeing and eluding a law-enforcement officer in causing the death of 49-year-old Trooper Darryl Haywood on Oct. 2, 2004. The jury deliberated for three hours, the Orlando Sentinel reported. Williams will be sentenced at a later date. He could face up to 60 years in prison.

According to reports, Williams, on his blue 1999 Suzuki, was racing a Porsche when Haywood started to pursue them. The patrol car had a blow out, causing Haywood to lose control of his vehicle and crash into a tree. Williams was arrested later that day at an Interstate 95 rest stop in St. Johns County

Florida DUI Law and Open Source

"A Florida court this Friday will hear arguments in a case where the accuracy of a breathalyzer is being scrutinized because the manufacturer refuses to release the source code. A state court ruling last year said that accused drunk drivers are entitled to receive details about the inner workings of the "mystical machine" that determined their guilt, and defense attorneys are now using that ruling to open up the device's source code.Is this part of a larger trend? With software bugs being a fact of life, consumers and organizations could claim that they need to be able to verify an application's source code before they accept that their calculations are accurate. Think credit card transactions, speed detecting radar guns, electronic voting machines."

Lawyers in Blogland From the Florida Bar

"Law blogs are exploding and Florida lawyers are in on the action

By Jan Pudlow
Senior Editor

Armed with a Dummies book on html, a software program called “Blogger,” and plenty of curiosity, St. Petersburg lawyer Matt Conigliaro set out to write the code for a legal blog he could call his own.

For two months in the spring of 2003, on weekends and in the middle of the night, he hunched over his computer fine-tuning Abstract Appeal, billing it as “the first Web log devoted to Florida law and the 11th Circuit Court of Appeals.”
Then he set it free into the blogosphere.

Little did he realize that because of his blog, he would be quoted in the Los Angeles Times, Chicago Tribune, and CourtTV.com during the raging controversy of the Terri Schiavo end-of-life case. "

Best Place to Get DUI

"In Fairfax, where General District Judge Ian O'Flaherty has resumed dismissing drunk driving charges on the grounds that the state's presumption of intoxication at .08 blood levels or above violates the constitutional right to a presumption of innocence."

DUI Manslaughter Case (DUI Tampa Lawyer)

"A Stuart man charged in the December traffic death of his fiancee pleaded no contest Monday to DUI manslaughter and other charges related to a single-car crash on Willoughby Boulevard.

[He] was expected to begin a trial Monday, also pleaded no contest to two charges of DUI with serious injuries and driving with a suspended license involving death, court records show."

DUI and Open Source Software

'I'm not drunk, your software is'

Tom Sanders in California, vnunet.com 20 Oct 2005

"A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code.

Lawyers representing more than 150 defendants who have been charged for driving under the influence of alcohol in two Florida counties will file the request.

They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt. . .

A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code. . . They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt."

DUI Q & A

"Q. I was stopped for DUI last week and was given a court hearing. Since this is my first DUI arrest, I do not know what sentence I may receive. Several people have told me that the prosecutor's office usually makes a specific recommendation based on the fact that this is a first offense. I have received solicitations from a few attorneys as well. Is there a way I can learn what the prosecutor's office will demand before I hire an attorney? What would be the advantage of hiring an attorney?

A. If you are charged with DUI, you should find out the name of the assistant state attorney who will be handling your case. You can call the State Attorney's Office, which should be able to tell you the name of the attorney. You can call the prosecutor and ask him or her if there is a standard plea agreement since this is your first offense. Many people hire private attorneys for several reasons: First, if your arrest was not proper, an attorney may be able to get your case dismissed. Second, an attorney may be able to get a better plea arrangement. Without knowing all of the facts of your situation, it is difficult to advise you. "

Florida Judge Removed For Flagrant Violations Of Ethics Rules

"Florida Judge Removed For Flagrant Violations Of Ethics Rules

ORLANDO, FL--The gravy train is over for a Ninth Circuit Court Judge of Orange County who has collected nearly $85,000 this year for doing nothing after he was placed on a paid leave of absence in February while under investigation by the Judicial Qualifications Commission of the Florida Supreme Court.

The court took final action in the misconduct matter this week, removing the judge from the bench because he continued to act as a criminal defense attorney while performing judicial duties in 2000 and that he later advised that same criminal defense client to leave the country in order to avoid prosecution.

The Court had conducted a hearing in the matter in September and a decision had not been expected for months."

Florida's high court boots jurist

"Henson gets thrown off Orange Circuit bench

Anthony Colarossi
Sentinel Staff Writer
Posted October 13 2005

The state Supreme Court ended the long-tarnished career of an Orange Circuit Judge on Wednesday, adding his name to a short list of judges whose ethical transgressions got them booted from the bench.

The seven justices say the judge practiced law while still a judge and told a client facing two DUI-manslaughter charges that she should flee the country to avoid prosecution."

Breathalyzer Hearing Scheduled

"Another chapter will be written in the epic saga of Sarasota County breathalyzers in an Oct. 21 court hearing.

We will essentially be asking the judges to provide the software source code than runs in the Intoxilyzer 5000 beathalyzer.

Five county judges who hear DUI cases, three from Sarasota County and two from Manatee county, will be sitting.

The manufacturer has flat-out refused to turn over the information, said they will not do it under any circumstances . . . Makes you wonder what they're hiding."

Corrections officer's sentence in DUI death to wait for appeal

Stephen Hudak | Sentinel Staff Writer
Posted October 14, 2005

TAVARES -- A federal corrections officer convicted of driving drunk and causing a crash that killed a bicyclist has been spared a prison sentence while he challenges the verdict -- a step the judge has taken just twice before in 10 years on the bench.

Man guilty in 2 DUI deaths

"DeLand driver convicted in 2003 crash that killed women

Ludmilla Lelis | Sentinel Staff Writer
Posted October 8, 2005

DeLAND -- A 23-year-old DeLand man was found guilty Friday of driving drunk when he caused a crash that killed two women in 2003.

[The man] could face 15 years in prison for each of the two counts of DUI manslaughter. He was also convicted of vehicular homicide, a felony carrying a potential five-year prison term. He will be sentenced at a later date."

Tampa DUI Attorney

Alcohol Screening or Screening Breath Test Devices (SBT)

Detecting Impaired Drivers: Alcohol Screening or Screening Breath Test Devices (SBT): "Alcohol Screening or Screening Breath Test Devices (SBT) The screening breath test device is designed to test the breath for the presence of alcohol, and requires the active participation of the motorist by blowing a sample of his/her breath into the device. The results of the test can be expressed in either a quantitative (digital) or qualitative (pass/warn/fail) reading. Screening breath test devices are typically used by police at the roadside to help determine if a motorist has consumed alcohol and, consequently, if probable cause for a DWI arrest exists. Digital screening test results are typically not introduced at trial to avoid confusion and comparison with the subsequent evidential breath or blood test results. SBT devices are also used in 'fitness for duty' applications for transportation vehicle operators; to test patients for sobriety in alcohol treatment facilities; and to test suspected underage drinkers."

Passive Alcohol Sensors (PAS)

Passive Alcohol Sensors (PAS): "Passive Alcohol Sensors (PAS) Passive breath test devices are used to detect alcohol in the air around a drinking driver's mouth or in the vicinity of an open container for the purpose of enforcing alcohol-impaired driving laws. PAS are termed 'passive' because they do not require the active participation of the individual to blow into the device. Passive breath test devices are only used by police to help determine if a motorist has consumed alcohol and, consequently, if probable cause for a DWI3 arrest exists. PAS are also used in 'fitness for duty' applications for transportation vehicle operators; to test patients for sobriety in alcohol treatment facilities; to test suspected underage drinkers and for other purposes. The PAS is a good screening device, and is ideal for use at sobriety checkpoints and during regular patrols because it:

* Helps police officers identify a higher proportion of drivers who have been driving drunk than they do without sensors.
* Helps officers to quickly dismiss drivers who have not been drinking.
* Does not interfere with privacy rights and its use is Constitutional--evaluating the ambient air around the driver does not constitute a search."

Breath Alcohol Test Calibration Devices

Calibration Devices: "Breath Alcohol Test Calibration Devices Breath alcohol test calibration devices are used to calibrate breath-alcohol test devices by providing a gaseous sample of known alcohol concentration as a reference test. Calibration devices are typically either a 'wet-bath' (alcohol-water solution) or dry gas (ethanol-inert gas mixture)."

Case Study: Tampa DUI Detecting Impaired Drivers

Detecting Impaired Drivers: Technology Users: Tampa, FL DUI Squads: "This NIDA-funded training and research project recognized that too few police officers are trained to detect drugged-impaired driving and innovative police training could be developed that integrates new drug detection technology with computer-assisted drug detection training. The Walsh Group in response to these needs, designed a self-paced, interactive computer training program. The curriculum provided instruction on:

* DUI and DUI detection legislation;
* Drugs and their behavioral effects;
* Standard Field Sobriety Tests; and
* On-site drug testing.

Tampa, Florida was chosen as a test site and the new, eight-hour curriculum was integrated into the Tampa Police DUI Squads' training activities.

Conclusions
The program, which is no longer active, concluded with four months of equipment use and evaluation. Approximately 265 DUI suspects were apprehended during the evaluation phase--86 percent or 230 individuals were male and 80 percent were between the ages of 18-44. Breath and urine samples were collected for all subjects and 86 percent were found to be legally drunk (with a .0170 BAC or more); and 31 percent tested positive for illegal drug use. Data indicated that the younger the suspects, the more likely they were to use drugs (98 percent were found with marijuana and cocaine in their samples)."

DUI Tampa Attorney

SPECIAL ALERT!! Operation 3D DUI Checkpoints

Operation 3D

October 15th , 2005/Wolfpack 2200 hrs. 0400 hrs. 56th St. & Hillsborough Ave.

Friday, October 21st , 2005 Low-Man Check Point 2200 hrs. 0500 hrs. 2 – CHECKPOINT LOCATIONS USF Area - 50th St. & Holly and Temple Terrace Area - 56th St. & Fowler BAT Unit and remote booking transport provided at USF Campus

Saturday, October 29th ,2005/Wolfpack 2200 hrs. 0500 hrs. Ybor City BAT Unit and remote booking transport provided at Adamo Dr. & 21st St.

Tampa DUI Checkpoints and Wolfpacks

Hillsborough County Sheriff and the Florida Highway Patrol

Operation 3D is a public awareness plan that is designed to enhance the Hillsborough County Sheriff's Office ability to promote problems commonly associated with motorists who drink and drive. It will serve to encourage voluntary compliance of existing traffic laws by motorists.

DUI Fine Schedule DUI Tampa

Florida Driver License Information: "Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.

Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Florida Driver License Information DUI Tampa

DUI 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.">Florida Driver License Information: "DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven."

Florida Licensed DUI Programs - Tampa Attorney

The Bureau of Driver Education and DUI Programs provides the oversight for 26 licensed programs. The Bureau administers Rule 15A-10, F.A.C., including instructor certification and training, investigating complaints, processing client appeals, conducting site visits, maintaining quality assurance, coordinating trust fund, and evaluating programs' effectiveness.

The DUI programs are private and professional non-profit organizations that are required to provide education, a psychosocial evaluation and treatment referral services to DUI offenders to satisfy judicial and driver licensing requirements.

Two educational services are offered - Level I for first-time offenders and Level II for multiple offenders.

The Level I course is to be a minimum of 12 hours of classroom instruction and incorporates didactic and interactive educational techniques.

The Level II course is a minimum of 21 hours of classroom time using primarily interactive educational techniques in a group setting. The average class size is not to exceed 15 students for Level II. This course focuses on the problems of the repeat offender and treatment readiness as the majority of students are referred to treatment. In no case is placement in Level II used in lieu of treatment.

National DUI Stats - DUI Tampa Attorney

Alcohol-related crash fatalities totaled 17,013 in 2003.

Alcohol-related occupant fatalities increased 3 percent in SUVs and 5 percent on motorcycles in 2003.

40 percent of crashes involving an alcohol-impaired or intoxicated driver or non-occupant resulted in an involved person being killed or injured.

Drivers with a BAC greater than .08 who were killed in crashes were 10 times as likely to have a prior conviction for driving while intoxicated.

About 275,000 people suffered injuries in alcohol-related crashes in 2003.

More than 1.5 million drivers are arrested for driving under the influence of alcohol or other drugs each year. This represents one in every 130 drivers in the United States.

The percentage of alcohol-related crashes in 2003 represents an average of one alcohol-related fatality every 31 minutes and one alcohol-related injury every two minutes.

The rate of alcohol involvement in fatal crashes is three times as high at night as during the day. More than 53 percent of weekend evening crashes are alcohol related.

Motor vehicle crashes are the leading cause of death for people ages 2-33.

The highest intoxication rates for drivers in fatal crashes were recorded for drivers ages 21-24 (32 percent), followed by ages 25-34 (27 percent) and 35-44 (24 percent).

Alcohol-related crashes, injuries and fatalities cost society more than $45 billion in lost productivity, medical care, property damage and other direct expenditures annually