Friday, September 28, 2007
Tampa Defense Attorney - Drag Racing Statute Unconstitutional
Catching Street Racers just got a little tougher. Cops lost a valuable tool in the war on wheels. The street racing statute is unconstitutional according to the Fourth District Court of Appeals.The court cleared a Broward teen who was driving 130 mph in a 65 mph zone. Officers couldn't determine who was racing, and who was just passing another car that was also speeding. "You could have two people driving down the turnpike next to each other at the same rate of speed, and based on the way the statute is written, this is what the court said, that they both could be charged with drag racing," says Elizabeth Parker with the State Attorney's office.
70-people have been busted for drag racing in Palm Beach County in the last year. The penalties are harsh - Up to a year in jail and an automatic license suspension.
Labels: florida attorney, florida lawyer, Florida Statutes, Hillsborough Attorney, Pinellas Traffic Attorney, Racing on the Highway, Street Racing, Tampa Attorney, Traffic Citation
DUI Checkpoint Tampa after the USF game
The Hillsborough County Sheriff's Office will have a DUI Checkpoint set up at the Southwest corner of Dale Mabry & Waters at the Albertson's parking lot. The Checkpoint will run from 10 pm to 5 am on Friday, September 28th, 2007. Saturation patrols will also be used.Deputies from District III, West Hillsborough County will be manning the BAT Unit and remote booking facility. Transport will be provided to the Hillsborough County Jail at Orient Road.
There are numerous legal requirements and procedures that must be followed. A Tampa Hillsborough DUI Lawyer or Attorney can evaluate the validity of DUI arrests made during these sweeps. The Florida Highway Patrol Manual states:
POLICY 17.08 - 3
The operational plan will be completed and submitted to the troop commander no less than 10 days prior to the start of the DUI Checkpoint. The operational plan will contain at a minimum the following:
a. Purpose.
b. Objectives.
c. Operational Time-Line.
d. Specific Job Assignments.
e. Job Descriptions.
f. Equipment List.
g. Manpower Allocation.
h. Contingency Plan.
i. Alternate Scheduling Date.
j. Provisions for an After Action Report/Critique.
k. Approval/Disapproval Section with a space for the troop commander’s signature.
Each operational plan for a DUI Checkpoint will specify the techniques to be used (i.e., driver license inspection, registration inspection, vehicle equipment inspection, sobriety inspection, motorist insurance inspection or a combination thereof.) The purpose and procedures of the safety check will be uniformly applied during the operation.
Assigned members do not have the authority to change the operational plan. Member discretion will not be used in adjusting the plan with the exception of the safety check supervisor who will document the reason(s) for any adjustments.
DUI Tampa Hillsborough Attorney Lawyer
Labels: DUI Tampa, DUI Tampa Attorney, florida dui, florida dui attorney, florida dui lawyer, Tampa Attorney
Sunday, September 23, 2007
DUI Tampa Bay Attorney and Racing on Gandy Boulevard
Living around the Fourth Street/Gandy area is a drag for residents who adore peace and quiet. Drag racing in the area has been going on forever. Someone recently wrote the Saint Petersburg Times, "This stretch of road, from the Gandy/Roosevelt/Fourth Street intersection down to the Howard Frankland Bridge turnoff, has become a speedway. My safety concern is not only personal, but for the numerous families with children who live in the area."
Cars regularly reach speeds well over 80 mph on Fourth Street N and drag racing on the weekends that starts on Friday and Saturday nights about midnight and goes until 2 or 3 a.m. "Cars with amplified motors and mufflers meet near the 7-Eleven at 115th Avenue and Fourth Street and drag race down the stretch of road and turn around at the last U-turn before the Gandy bridge. They often use the 7-Eleven as a turnaround as well," a witness said. The Pinellas County Sheriff"s Office said law enforcement is stymied by an organized underground group determined to break the law and evade police. One Deputy said, "Part of what makes it difficult is that the racers use the same technology we have. They use lookouts and radios and cell phones to communicate . . . We have undercover people in the crowd with cameras, documenting the crowds that gather there and we sometimes catch the spectators and have issued citations, but the citations have been dismissed by traffic court judges."
DUI Attorney Tampa Bay Lawyer
Cars regularly reach speeds well over 80 mph on Fourth Street N and drag racing on the weekends that starts on Friday and Saturday nights about midnight and goes until 2 or 3 a.m. "Cars with amplified motors and mufflers meet near the 7-Eleven at 115th Avenue and Fourth Street and drag race down the stretch of road and turn around at the last U-turn before the Gandy bridge. They often use the 7-Eleven as a turnaround as well," a witness said. The Pinellas County Sheriff"s Office said law enforcement is stymied by an organized underground group determined to break the law and evade police. One Deputy said, "Part of what makes it difficult is that the racers use the same technology we have. They use lookouts and radios and cell phones to communicate . . . We have undercover people in the crowd with cameras, documenting the crowds that gather there and we sometimes catch the spectators and have issued citations, but the citations have been dismissed by traffic court judges."
DUI Attorney Tampa Bay Lawyer
Labels: DUI Tampa Attorney, Florida Statutes, Pinellas Traffic Attorney, Racing on the Highway, Street Racing
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