Wednesday, August 05, 2009
Florida DUI Blood Test Results Suppressed
Florida DUI Attorney from Tampa Reports: A Defendant was arrested. The court ruled that the circumstances did not authorize blood draw. Testimony established that the reason for the blood draw was that all breath testing machines were inoperative. The officer asked defendant to submit to blood draw under circumstances that did not authorize such a test. Beyond that, the cop advised the defendant that refusal would result in suspension of his driver's license. Blood results were tossed and the motion to suppress blood draw results was granted.
Source: 16 FLW Supp 752b
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Labels: dui blood test, DUI Florida Attorney Lawyer
Saturday, May 03, 2008
Florida DUI Breath Test Affidavit Inadmissible
The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U.S. Supreme Court's holding in Crawford v. Washington. The Court found that since the Breath Test affidavit is testimonial in nature and was created by technician solely for purpose of proving a critical element in defendant's DUI prosecution, the general rule that records kept in ordinary course of business are generally admissible does not apply when record is being prepared at specific request of law enforcement agency and is not simply a record that is normally generated by that business under circumstances that do not involve law enforcement.
In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a
Florida DUI Attorney Lawyer Intoxilyzer 8000
In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a
Florida DUI Attorney Lawyer Intoxilyzer 8000
Labels: Breath Test, Breath Test Results Affidavit, dui blood test, DUI Hillsborough, DUI Tampa Attorney, Intoxilyzer
Wednesday, April 02, 2008
DUI Florida - New Trial Required Manslaughter
Florida DUI Attorney reports the Court ruled that a DUI Jury Instruction was inaccurate and misleading. The jury was instructed that the state was required to prove that defendant, while driving or while in actual physical control of vehicle, had blood alcohol level of .08 or higher ''and/or a controlled substance to-wit: cocaine.'' The Appeals court reversed the manslaughter conviction and ruled that simply having cocaine in the system is not legally sufficient to convict because state must prove beyond a reasonable doubt that the defendant was ''under the influence'' of cocaine. Source 33 Fla. L. Weekly D921a
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DUI Florida Attorney
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Monday, December 24, 2007
Tampa DUI Crackdown
Florida DUI Tampa Zero-Tolerance Campaigns underway by law enforcement in Tampa,FL,USA. 25 troopers arrested 162 people for DUI. FHP issued nearly 7200 citations for unlawful speed violations and nearly 1200 citations for safety belt violations.DUI Lawyer Attorney Tampa
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Friday, June 29, 2007
A New DUI Blood Alcohol Record
A woman apparently tied a world record when toxicology lab measured a blood-alcohol content of 0.50 two hours after she was arrested for investigation of drunken driving - more than six times the legal limit of 0.08.Labels: dui, dui blood test, DUI Tampa, DUI Tampa Attorney, florida dui
Wednesday, May 23, 2007
Florida DUI Blood Test Back Log
There is huge Florida DUI Blood Test Back Log. The Florida Highway Patrol usually seeks blood testing in cases involving death or great injury if investigators believe alcohol was involved, agency spokesman Lt. Bill Leeper said to the Florida Times Union. The wait is nerve wracking for drivers with DUI attorneys and lawyers in Florida and the Tampa Bay area.
The six labs operated by the Florida Department of Law Enforcement with 394 employees to examine blood samples had a $28 million dollar annual budget. The labs had an average backlog of 36 days in 2006, up from 32 days in 2005 and 26 days just a year earlier. The labs attempt to analyze whether drivers in serious crashes had been drinking. In 2002, FDLE received 75,034 requests for tests and completed 73,539. In 2006, the backlog had increased to 93,138 requests with 80,457 completed.
"The Tampa facility [Hillsborough County] is busting at the seams," Barry Funck, director of forensic science for FDLE said.
DUI Tampa Florida Attorney / Lawyer
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Tuesday, June 27, 2006
What stops someone else from starting the car with an Interlock for a drunk?
Nothing but it's not a simple exhale, most people have to be trained to use the device.
Labels: dui, dui blood test, dui hillsborough attorney, DUI Tampa Attorney
Sunday, January 29, 2006
DUI Tampa - DUI Means Expulsion from U of Florida
Got DUI - Get Expelled: "UF looks beyond campus for DUI cases - They may try to hide it from Mom and Dad, but University of Florida students caught driving drunk in Alachua County won't be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won't just face criminal courts, they'll go before UF's Office of Student Judicial Affairs, where they could face suspension or expulsion.
Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF's dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said."
Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF's dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said."
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Monday, January 02, 2006
DUI Most New Year's Eve Revelers Stayed Off Roads, Officials Say
Most New Year's Eve Revelers Stayed Off Roads, Officials Say: "Law enforcement officers think they found a way to keep people from starting off 2006 with a drunken-driving arrest. Officials focused on putting more officers on the streets and making the public more aware of their presence on New Year's Eve. Those two factors can make revelers think twice before getting behind the wheel after a night of drinking, Pinellas County sheriff's spokesman Sgt. Jim Bordner said, making New Year's Eve drunken-driving incidences relatively low and resulting in no alcohol-related traffic fatalities in the Bay area."
Labels: alcohol, dui, dui blood test, dui florida attorney, DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough, Hillsborough Attorney
DUI Defendants Skip Charge By Asking How Test Works
DUI Defendants Skip Charge By Asking How Test Works: "DUI Defendants Skip Charge By Asking How Test Works"
Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work. All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday. Prosecutors have said they do not know how many drunken drivers have been acquitted as a result. But Gino Feliciani, the misdemeanor division chief in the Seminole County State Attorney's Office, said the conviction rate has dropped to 50 percent or less."
Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work. All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday. Prosecutors have said they do not know how many drunken drivers have been acquitted as a result. But Gino Feliciani, the misdemeanor division chief in the Seminole County State Attorney's Office, said the conviction rate has dropped to 50 percent or less."
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DUI Tampa - Alcohol Monitors
South Florida judges use anklets to keep tabs on problem drinkers - : "An anklet that detects alcohol consumption 24 hours a day.
It has only been used a handful of times involving drunken-driving and domestic-violence cases since this summer, but the monitoring system shows promise. It can help provide greater scrutiny than random alcohol testing, advocates say. 'I've been pretty pleased about it,' said Palm Beach County Circuit Court Judge Charles Burton, who hears misdemeanor criminal cases such as DUI and domestic battery and has used the monitor in about half a dozen cases. Some judges say the monitoring system -- which tests a person's perspiration for signs of alcohol -- provides another tool for controlling defendants with alcohol problems. Judges routinely order drunken-driving defendants not to use alcohol, which can be difficult to enforce."
It has only been used a handful of times involving drunken-driving and domestic-violence cases since this summer, but the monitoring system shows promise. It can help provide greater scrutiny than random alcohol testing, advocates say. 'I've been pretty pleased about it,' said Palm Beach County Circuit Court Judge Charles Burton, who hears misdemeanor criminal cases such as DUI and domestic battery and has used the monitor in about half a dozen cases. Some judges say the monitoring system -- which tests a person's perspiration for signs of alcohol -- provides another tool for controlling defendants with alcohol problems. Judges routinely order drunken-driving defendants not to use alcohol, which can be difficult to enforce."
Labels: alcohol, attorney, dui, dui blood test, DUI Tampa, Tampa Attorney
Monday, December 12, 2005
Tampa DUI Take a Cab or a Tow Truck
"In 2004, the Florida Highway Patrol reported that 33.5 percent of all fatalities caused by car crashes were alcohol related. So far this year, one in four car crashes resulting in death in Leon County were alcohol related, according to the Tallahassee Police Department.
Two programs designed to prevent folks who've had a little too much holiday cheer from getting behind the wheel are helping the statistics drop. The American Automobile Association and Budweiser's Tow to Go dispatches tow trucks to take tipsy car owners and their vehicles home, free of charge. Safe Ride, a service of Yellow Cab and Tri-Eagle Sales, allows bar and restaurant managers to use cabbies as designated drivers from 8 p.m. to 3 a.m.
In the past three years, both programs combined have kept more than 2,500 drunken drivers off the road.The Florida Highway Patrol Preliminary Fatality Report revealed that there were 37 deaths in some 29 crashes over the Thanksgiving weekend, three of which were alcohol related.
"Along with the combination of enforcement and education, the programs certainly do have an impact," said Lt. David Folsom, who supervises TPD's traffic unit. Both initiatives run through New Year's Day."
DUI Tampa Attorney
Two programs designed to prevent folks who've had a little too much holiday cheer from getting behind the wheel are helping the statistics drop. The American Automobile Association and Budweiser's Tow to Go dispatches tow trucks to take tipsy car owners and their vehicles home, free of charge. Safe Ride, a service of Yellow Cab and Tri-Eagle Sales, allows bar and restaurant managers to use cabbies as designated drivers from 8 p.m. to 3 a.m.
In the past three years, both programs combined have kept more than 2,500 drunken drivers off the road.The Florida Highway Patrol Preliminary Fatality Report revealed that there were 37 deaths in some 29 crashes over the Thanksgiving weekend, three of which were alcohol related.
"Along with the combination of enforcement and education, the programs certainly do have an impact," said Lt. David Folsom, who supervises TPD's traffic unit. Both initiatives run through New Year's Day."
DUI Tampa Attorney
Labels: alcohol, dui, dui blood test, DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough, DUI Tampa Attorney, florida dui, florida dui attorney
Sunday, October 09, 2005
DUI Tampa Attorney FAQ
"What is the Legal Limit?
In reality, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol.
So what does a Blood-Alcohol Level of .08 mean?
The term '.08 BAC' is commonly referred to as the legal limit, but this is not accurate. According to Florida Law, .08 BAC is the presumptive level of impairment. In other words, if you have consumed enough alcohol to reach a .08 BAC, you are automatically considered impaired.
What if I'm below .08 BAC?
You can still be convicted of DUI even if you are under .08 BAC. If your driving ability is proven to be impaired you will likely be convicted of DUI."
For More Information See DUITampaBay.com
In reality, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol.
So what does a Blood-Alcohol Level of .08 mean?
The term '.08 BAC' is commonly referred to as the legal limit, but this is not accurate. According to Florida Law, .08 BAC is the presumptive level of impairment. In other words, if you have consumed enough alcohol to reach a .08 BAC, you are automatically considered impaired.
What if I'm below .08 BAC?
You can still be convicted of DUI even if you are under .08 BAC. If your driving ability is proven to be impaired you will likely be convicted of DUI."
For More Information See DUITampaBay.com
Labels: dui blood test, DUI Tampa, florida dui, florida dui attorney, florida dui lawyer, florida lawyer, Tampa Attorney
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