What Happens when a College Student Gets Arrested? For more Information see: https://www.centrallaw.com/university-of-tampa-criminal-defense-attorney/ There are two things to address when you're charged with a crime and you are a student at a university. The first thing that must be addressed is the student Honor Court. Some schools proceed against students, even though the events did not occur on campus. Obviously, the criminal case will go forward in the courts in the jurisdiction where you're arrest occurred. Both of those must be addressed. We usually help our clients prepare for the honor court hearing. Some schools will expel students for criminal violations that occurred on or off campus. https://youtu.be/zRiAMUqRVJ8

University of Tampa Criminal Defense Attorney

University of Tampa Student Criminal Defense


Help is available to prepare for disciplinary proceedings. In fact I just spent a day helping a student. Initially, the University does not allow counsel to appear, but we still can help prepare a strategy. The deadlines to respond to these proceedings are tight. The criminal charges that cause the University to take action may not even have been filed.

Video: What Happens when a College Student Gets Arrested?



Transcript of Video: There are two things to address when you’re charged with a crime and you are a student at a university. The first thing that must be addressed is the student Honor Court. Some schools proceed against students, even though the events did not occur on campus. Obviously, the criminal case will go forward in the courts in the jurisdiction where you’re arrest occurred. Both of those must be addressed. We usually help our clients prepare for the honor court hearing. Some schools will expel students for criminal violations that occurred on or off campus.


Notice of Action


The Notice of action by the University of Tampa’s administration may come in the form of an email that reads:

You have been charged with a violation of University policy.  During your scheduled pre-hearing, you will receive a copy of the Incident Report Form which describes the alleged violation(s).  We would recommend you review the relevant articles of the code of conduct outlined below. . . .


This interview is mandatory whether you plan to state that you are responsible or not responsible for the violation.  Failure to attend the schedule appointment will result in an automatic $50 fine and will be considered an indication that (a) you do not wish the benefit of a hearing, (b) you are responsible for all charges, and (c) you will accept sanctions as imposed by the hearing officer.  Students who miss their appointments without prior notice will not be rescheduled.


During this interview, you will be advised of the disciplinary process.  If the report is accurate and you take responsibility for your actions, your case will not go before a student conduct board unless the hearing officer deems it necessary.  If you believe you are not responsible for the violation or if a hearing officer believes it is necessary for you to appear before a student conduct board, s/he will schedule your hearing for the next available date.


Prior to your pre-hearing, please review the student rights and responsibilities found at www.ut.edu/studentconduct. 


Fake ID’s are a concern of the University of Tampa, whether they are used on or off campus.


Here is an excerpt from the University’s rules:

ARTICLE 5 – IDENTIFICATION

A. All students are expected to correctly identify themselves at all times and present this information courteously upon request by a University official or by a law enforcement officer.

B. A University I.D. card is to be used only by its owner. This card may not be loaned, sold, fabricated, altered or transferred.

C. The possession, use, manufacture or sale of falsified government issued or altered identification cards are strictly prohibited. The state of Florida considers the possession and use of fake identification cards as felony offenses.


Criminal Defense Attorney helping a student at the University of Tampa in Tampa Florida near downtown Tampa on Google+ .

https://plus.google.com/u/0/117125818911296789171/posts
University of Tampa Student Help Needed? Call Casey at 813-222-2220

The Sleeping Driver and DUI and Actual Physical Control of a Car

The Sleeping Driver and DUI

Here are a few tips to avoid becoming the next sleeping driver with a DUI in Florida.

DUI and Actual Physical Control of a Car

As the holiday travel season approaches, in Florida many people will be taking long trips by car. Some drivers may have had a bit to drink and be in actual physical control of their car. Is it safe to pull over and take a nap? That depends. If you have been drinking and have alcohol on your breath, it is likely that police may try to push the limits and arrest you. Even if you are a sleeping driver, not driving on the road, cops can bust you for being in Actual Physical Control of a Car while impaired or DUI.


“The firetruck’s air horn sounded and [the driver] rolled down his window, allowing [the officer] to smell the odor of alcohol emitting from him.”


Sleeping Driver DUI Actual Physical Control

Sleeping Driver DUI Actual Physical Control


Here are a few tips for pulling over for a nap:


  1. Park legally
  2. Shut off the engine
  3. Remove keys from ignition
  4. Roll up the windows
  5. Get out of the driver’s seat

Typically, the police will try to get you to roll down the windows and see if they smell the odor of alcohol emanating from your breath. While the police do have the opportunity to check on your welfare, they do not have the right to order you from the vehicle when they have not observed a violation of the law. I have found a recent court order where the judge ruled the police did not have the right to force someone to open the window of their vehicle after the police observed the driver sleeping.


The driver “was not obligated to roll down his window and acknowledge the officer.”


In one recent case, the officer observed a vehicle parked in a parking lot. The officer approached the vehicle to check on the driver’s welfare. Once the driver woke-up and responded,

and even though the driver was in actual physical control of the vehicle with the officer tapping on the window, the officer can not demand the driver to ultimately have the window of the car opened.

First responders used the loud horns of an ambulance to arouse the driver and when the driver opened the window in response to the ruckus. “[T]he firetruck’s air horn has sounded and [the driver] rolled down his window, allowing [the officer] to smell the odor of alcohol emitting from him.” The Court ruled that the officer had violated the Fourth Amendment since there was no reasonable suspicion of criminal activity. The driver “was not obligated to roll down his window and acknowledge the officer.”

Here is the Court’s complete Sleeping Driver DUI Opinion:


Online Reference: FLWSUPP 2607BROW

STATE OF FLORIDA, Plaintiff, v. DONTAY DEJUAN BROWN, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2017-CT-053213-AXXX-XX. May 8, 2018. Michelle V. Baker, Judge. Counsel: Annabelle Chambers, Office of the State Attorney, Titusville, for Plaintiff. Joel Leppard and Joe Easton, Leppard Law, Orlando, for Defendant.

ORDER GRANTING DEFENDANT’S AMENDED MOTION TO SUPPRESS

THIS CAUSE came before the Court upon Defendant, Dontay Dejuan Brown’s Amended Motion to Suppress, filed on January 23, 2018 and heard on March 16, 2018. Having considered the Motion, evidence presented, and argument of counsel, the Court finds the following:

Sleeping Driver Spotted

On December 2, 2017, at approximately 7:00 a.m., the Titusville Police Department was contacted about an individual who was slumped over the steering wheel of an automobile that was parked in the Krystal’s parking lot. Titusville Police Officer Mark Fourtney responded to the location and observed the automobile, which was still running. The officer testified that there was no indication of any criminal activity and that he was there for a welfare check.

Officer Fourtney testified that he tapped on the window and the individual, later identified as Mr. Brown, raised his head slightly and rotated his body away from the window. Officer Fourtney continued to tap on the window. Meanwhile, the Titusville Fire Department, which had also been dispatched to the scene, arrived. Officer Fourtney stated that “the male is waking up but won’t open the door for me.” Thereafter, the firetruck’s air horn was sounded and Mr. Brown rolled down his window, allowing Officer Fourtney to smell the odor of alcohol emitting from him.

Demanding Sleeping Driver Attention

Mr. Brown argues that there was no need for a welfare check. The Court finds that the welfare check was permissible to the extent that Officer Fourtney was allowed to alleviate any concern’s he might have for the driver’s health. It is clear from Officer Fourtney’s testimony that there was nothing about the way or where the vehicle was parked that would indicate that there was anything wrong with the driver. The driver was slumped over the steering wheel, apparently asleep, and responded to the window taps by moving his body away from the noise. There was nothing about Mr. Brown’s behavior that indicated that he was incoherent.

Sleeping Driver Responsive

The two men did not engage in conversation at that time. Mr. Brown was also responsive, albeit not in the manner that Officer Fourtney desired. As part of a consensual encounter, Mr. Brown was not obligated to roll down his window and acknowledge the officer. Officer Fourtney’s persistence, although not verbal, in demanding Mr. Brown’s attention, after it was apparent that the Defendant was simply sleeping, runs afoul of Danielewicz v. State, 730 So. 2d 363 (Fla. 2d DCA 1999) [24 Fla. L. Weekly D793a] and Greider v. State, 977 So. 2d 789 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D949b].

Investigation Not Based On Reasonable Suspicion

Contrary to the State’s assertion, this case is not factually similar to Dermio v. State, 112 So. 3d 551 (Fla. 2d DCA 2013) [38 Fla. L. Weekly D776a]. Dermio involved an individual who was found with his head “cocked to the left side and had a cell phone lodged between his shoulder and cheek.” Id. at 553. Further, the Defendant woke up but seemed “really out of it.” Id. Thus, the deputy had a continuing concern for Dermio’s safety. Id. Officer Fourtney’s community caretaker duty was satisfied when the Defendant simply rolled away from the noise. There was no other evidence observed by the officer that Mr. Brown was ill. Thereafter, the officer was proceeding with an investigation which was not based upon a reasonable suspicion of criminal activity.

Accordingly, it is

ORDERED AND ADJUDGED that the Defendant’s Amended Motion to Suppress is hereby GRANTED.

Florida’s DUI Actual Physical Control Law


316.193 Driving under the influence; penalties.—

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Street Racing History in Tampa Florida

Street Racing Traf1063 316.191.2a Misd 1st Unlawful Racing On Highway

Street Racing

Street Racing “the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other”


A Brief History of Street Racing


In light of the tragedy that occurred in Tampa as reported by the Saint Petersburg Times, We will review the history of street racing and law enforcement in Tampa Bay. Two drivers and a passenger face criminal street racing and homicide charges for killing a mother who was pushing her baby across the street.

Of the 130 ways you can go to jail for Criminal Traffic charges in Tampa, unlawful racing on the highway is one of them. Some jurisdictions have destroyed race cars used in street races and one Court in Florida has even chosen to declare the drag racing statute unconstitutional.

Drag racing on Gandy Boulevard, specifically on the bridge has been a Troublesome area for law enforcement in Tampa. Racers gather at 4th Street in Pinellas County and Stage there street races on Gandy Boulevard. When the racers exit the bridge they are in Hillsborough County and police attempt to stop cars involved in allegations of drag racing.

Prison for street racing has been imposed by courts in Tampa where a death has been involved. Sometimes police who do not witness the actual crash used video cameras from surrounding buildings to reconstruct what has occurred.

The Courtney Campbell Parkway has been the site of Street Racing incidents in the past years.

Usually police impose charges for misdemeanor racing. Those charges can result in an arrest and we have provided the racing statute Below in its entirety. Police have even given parking tickets to spectators for watching street racing.

The essence of a drag race is a competitive attempt to outdistance another vehicle. Sometimes that is difficult to prove. The police must establish that in fact what was underway what was a race. There is no requirement rent there is no requirement for a predetermined course just that the court or jury can reasonably interpret the driving event to be a race.

Spectators Can also be charged since it is an affirmative choice to attend or participate in the race. Courts are to look at the relationship between the race driver and the individual. Gambling or betting on the outcome of a race can be used to establish That a spectator was criminally involved in a race.

Vehicles used in street races can be forfeited by the state if the driver has been convicted within the past 5 years for street racing.

There are 130 ways to go to jail for traffic charges in Tampa. https://dui2go.com/130-ways-to-go-to-jail-in-traffic-court-florida-criminal-traffic-charges-complete-list/


Seizure and Destruction of Street Race Cars


Florida and California have seizure laws for street race cars. When the whoosh went out of the tires the street racer sighed, as glass exploded and rained down it all became real – the cops had crushed his car. The destruction was part of a smackdown on illegal street racing in Southern California. Cops crushed six race cars. A 350-horsepower 4 cylinder engine on which the racer spent at least $10,000 to get into top shape. The car would top out at 160 mph, the racer said, swearing it could beat a Corvette or even a Ferrari.


Prior Street Racing Cases in Florida

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.

Drag 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.”

Prison for Street Racing


Tampa Criminal Defense Attorney notes in a case where someone else was the defense attorney – Street racing in a Nissan 350Z, plus death of a bystander, plus a jury conviction equals vehicular homicide, reckless driving and unlawful racing, plus at least 15 years in prison.

As for the other racer – leaving the scene of the accident, plus testimony at the 350Z trial (to avoid a 30-year sentence) equals three years in prison.

The bystanders were making a U-turn when the 350Z slammed into them, according to published reports. Traffic Homicide investigators estimated speed at over 100 in a 45 mph zone. The defensee argued that what happened was nothing but a tragic accident. In a twist, the St Pete Times reported that “Prosecutors used video surveillance from a carwash . . . that captured the two cars racing.”

Source: https://www.tampabay.com/news/courts/criminal/street-racer-found-guilty-in-83-year-old-womans-death/1044011

Tampa Street Racers and Spectators Need Lawyer


Tampa Traffic Lawyer notes an area cops cracked down on street racers and fans along Fourth Street N. Everyone began a dash for their cars when cops came down the I-275 interstate ramp. Cops blocked off the street to prevent escaping to I-275 or Gandy Blvd. Another target for traffic law enforcement is the Courtney Campbell Parkway.

The stretch of Fourth from I-275 to the Inlet Bay at Gateway apartment complex is flat and straight, four lanes surrounded by nothing but grass and water.

Earlier officers have arrested four people on misdemeanor racing charges. Cops videotaped license plates of racers and fans alike. A few days later, 130 drivers got $30 parking tickets in the mail. It’s now clear that fans are targets too. A $151 ticket and three points can be placed against a driver’s license. According to the media, the last ticket was written at 4:40 a.m. 31/2 hours, 221 citations, and a DUI arrest.

Source: https://www.tampabay.com/news/publicsafety/crime/article1012528.ece

Tampa Street Racing Defense Attorney Penalties


Definitions of Street Racing in Florida:

(a) “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

(b) “Drag race” means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.

(c) “Race” means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted as a challenge to race.

(d) “Spectator” means any person who is knowingly present at and views a drag race, when such presence is the result of an affirmative choice to attend or participate in the race. For purposes of determining whether or not an individual is a spectator, finders of fact shall consider the relationship between the racer and the individual, evidence of gambling or betting on the outcome of the race, and any other factor that would tend to show knowing attendance or participation.

(2)(a) A person may not:

1. Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot;

2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;

3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or

4. Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition.

Penalties Under Florida Law

Any person who violates any provision of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of this paragraph shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.

(b) Any person who violates paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $500 and not more than $1,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271.

(c) In any case charging a violation of paragraph (a), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for violation of paragraph (a) have occurred within 5 years prior to the charged offense.

(3)(a) A person may not be a spectator at any drag race prohibited under subsection (2).

(b) A person who violates the provisions of paragraph (a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

(4) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the motor vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the motor vehicle.

(a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the motor vehicle.

(b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is leased or rented, by the person leasing or renting the motor vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.

(c) Any motor vehicle used in violation of subsection (2) may be impounded for a period of 30 business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or coowner of the motor vehicle. If the arresting officer finds that the criteria of this paragraph are met, the officer may immediately impound the motor vehicle. The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment for violation of this subsection in accordance with procedures established by the department. The provisions of paragraphs (a) and (b) shall be applicable to such impoundment.

Lose Your Ride | Vehicle May be Forfeited 316.191 Racing on Highways


(5) Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This subsection shall only be applicable if the owner of the motor vehicle is the person charged with violation of subsection (2).

(6) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes.

Previous Coverage:


Cops Crush Street Racer Cars

Jun 21, 2007

When the whoosh went out of the tires the street racer sighed, as glass exploded and rained down it all became real – the cops had crushed his car. The destruction was part of a smackdown on illegal street racing …

Tampa Street Racers and Spectators Need Lawyer

Tampa StPetersburg Pinellas Hillsborough Street Racing Tampa Traffic Attorney, Lawyer notes that area cops cracked down on street racers and fans along Fourth Street N. Everyone began a dash for their cars when cops came down the I-275 …

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, …

Street Racing Attorney Lawyer

Are Traffic Ticket Quotas Legal in Florida? – Video – Contests – Arrests in Florida

Ticket Quotas are used in Florida.

Are Traffic Ticket Quotas Legal in Florida?

 

Hillsborough County Florida Traffic Ticket Quotas Award Arrest

Hillsborough County Florida Traffic Ticket Quotas Arrest Award

The short answer is “No.” Traffic Ticket Quotas are illegal. The Florida Statute specifically forbids these contests. Florida Statute 316.640(8)(b) (2017) states: “A traffic enforcement agency may not establish a traffic citation quota.” The issue turns on the question: “What is a quota?” A quota is a quantity, in this case the number of citations issued. There are several agencies that are competing for prizes in Driving Under the Influence contests where vehicles, body-cameras, and other law enforcement tools can be won, if certain goals are met. This may be a contest, but law enforcement consistently takes the position that these do not violate the law.

 

The Florida traffic law was passed in 2015. the law is called the “Waldo Bill.” The new provision is named after Waldo, Florida, a notorious speed trap between Gainesville and Jacksonville. “As of October 1, 2014 the town’s police force has been disbanded.” says the Wikimachine. When caught, here is what the Florida cops had to say about the latest  traffic ticket shenanigans:


“We will immediately designate that quotas are prohibited by Florida law . . . .”


 

More ticket quota evidence includes offering days off  to law enforcement officers that met  their goals. Apparently, a supervisor wanted 2 tickets per hour and “1.3 tickets per hour was not good enough.” We have been covering arrest quotas and contests by cops in Florida for years. We have uncovered the rules of the contest and posted them here. Up until this week’s breaking news from the Saint Petersburg Times, we thought the gamifying of law enforcement was limited to DUI arrests. Now we know that is not so. Police have targets that one, soon-to-be former, Florida Highway Patrol Trooper was encouraging- –  hourly targets and giving prime weekend time off to those who met the illegal goals of the department. So, unless you have a Stay Out of Jail Card, watch out for gamesmanship by law enforcement.


“1.3 tickets per hour was not good enough.”


I have spent quite a bit of time in court defending people charged with a variety of traffic offenses. One of the most offensive things I have seen was this luxury SUV that was a trophy in a contest to see how many people could be arrested for driving while impaired, among other things.

This vehicle was parked right outside of the Hillsborough County Courthouse in Tampa Florida. Apparently, the vehicle is equipped with a sophisticated video system and a mobile breath testing machine. Florida law prohibits quotas for issuing traffic tickets. The cops were just caught.

These kinds of incentives given to law enforcement can encourage otherwise decent and law-abiding police officers to violate the law. Maybe they need a weekend off. Maybe they think winning a car for their agency will look good in their personnel file. Maybe they think the prosecutor will reduce the charge from DUI to some lesser charge. Nevertheless, these awards are given for the issuance of citations or the arrests of citizens. No one seems to care to remove these entries on their permanent records when they are ultimately cleared of the charges or negotiate a plea to a lesser charge. Many first-time DUI offenders are never even convicted of DUI.

Since 2009, I have been following this area closely. The stories that are linked below cover in detail the policies and procedures that have been used by police to take advantage of programs to acquire more assets for law enforcement.

The Hillsborough County Sheriff won an SUV. The vehicle is marked with a championship logo and other markings establishing that the sheriff had won a contest to enforce DUI laws. DUI prosecutions are begun with a traffic ticket and issues about whether or not these are quotas should be asked.  The cop who wrote a memo documenting the quota has resigned. Fox has reported, “A top official with the Florida Highway Patrol who told troopers they aren’t writing enough speeding tickets is resigning from his job.” Here is some video on the illegal  ticket game.

 

Video | Illegal Ticket Quotas in Florida


 


Traffic Tickets, Arrest Contests, and Quotas – History in Florida

Arrest Contest, Traffic Ticket, and Quotas - History in Florida

Arrest Contest and Traffic Ticket Quotas – History in Florida


Florida Arrest Contest Costs $1,720,000

www.dui2go.com/2014/09/florida-dui-arrest-contest-costs-1720000.html

Sep 24, 2015 – As a Georgia Lawyer noted, when contests and quotas are in play, some police agencies keep their eyes on the prize. In that case , there is …


Florida Traffic Ticket Arrest Quota Award

Florida Traffic Ticket Arrest Quota Award


Florida Arrest Contest Winners?

www.dui2go.com/2014/04/florida-dui-arrest-contest-winners.html

Apr 8, 2014 – Driving under the influence Arrest Contest … it appears that citizens’ arrests are prizes in this despicable contest.

Arrest Contest Rules and Prizes

www.dui2go.com/2011/12/dui-arrest-contest-rules-and-prizes.html

Dec 15, 2011 – Attorney on Florida’s West Coast just uncovered the “rules” for a recent Arrest Contest. The awards are characterized as …


Hillsborough County Florida Traffic Ticket Arrest Quota Award

Hillsborough County Florida Traffic Ticket Arrest Quota Award


Arrest Contests Continue

www.dui2go.com/2010/10/dui-arrest-contests-continue.html

 Oct 21, 2010 – Largo Cop wins money for Pinellas Arrests. As Florida Lawyer W.F. Casey Ebsary has previously reported, here, here, …

Video | DUI Arrest Contest Trooper Tasers Sober Driver

www.dui2go.com/2012/03/video-dui-arrest-contest-trooper-tasers.html

Mar 30, 2012 – Attorney in Tampa has just received a report that a 200 Arrest Award Winner in a DUI Contest has admitted to numerous violations of DUI …


DUI Traffic Ticket Arrest Quota Award

Traffic Ticket Arrest Quota Award


DUI Arrest Contests in Florida

www.dui2go.com/2016/01/tampa-florida-dui-lawyer-continues-to.html

Jan 9, 2016 – Attorney on Florida’s West Coast just uncovered the “rules” for a recent Arrest Contest. The awards are characterized as DUI …

More Arrest Contest News

www.dui2go.com/2011/02/more-dui-arrest-contest-news.html

Feb 25, 2011 – More Arrest Contest News. Defense Attorney Observes: As we continue to tally the awards given to police officers who arrest drivers, …

Arrest Contest Trophy?

www.dui2go.com/2011/08/dui-arrest-contest-trophy.html

Aug 8, 2011 – Attorney noticed this was parked outside of the Hillsborough County Courthouse in Tampa, Florida this morning. This is an …

Florida Arrest Contest Winners

www.dui2go.com/2009/06/florida-dui-arrest-contest-winners.html

 Jun 19, 2009 – There were 13 contest winners at the Hillsborough County Sheriff’s Office (HSCO) . There were 16 contest winners at the Tampa Police …

Arrest Contest Winner

www.dui2go.com/2011/04/pasco-dui-cop-arrest-contest-winner.html

Apr 21, 2011 – DUI Defense Attorney notes that Pasco DUI cops are continuing their efforts to win DUI arrest contests. Florida Highway Patrol spokesman for …

Blood Test Subpoena for DUI Medical Records Denied

Medical Records in DUI Prosecutions ,Blood Test Subpoenas and Medical Records

Blood Test Medical Records in DUI Prosecutions

in a blood test “burden arises from the Constitutional right to privacy in one’s medical records, which requires the State to demonstrate a compelling interest in the disclosure.”

Requests to Subpoena Medical Records of a Blood Test


After a typical crash police will sometimes attempt to assign blame. The police may suspect alcohol or drug use and attempt to obtain dui blood tests or medical records for people treated in a crash. This is true, even though the driver may have been the only person injured in a one-car crash. Nevertheless, police must jump through a lot of hoops to get your medical records. Sometimes the police jump the gun and make mistakes. If they do, a competent defense attorney can have the medical records and results of a possibly incriminating blood test thrown out by the court.

What is the process for obtaining the medical records of a driver in a crash?


The prosecutor will receive a copy of the crash report from the investigating DUI officer. If done correctly, the prosecutor will send a registered letter to the driver notifying them of the prosecutor’s efforts to obtain confidential medical records. The letter typically will give the driver a certain number of days to subject to the disclosure of the medical records. If the defendant’s lawyer files and an appropriate objection, there will be a hearing in front of a judge who will decide what if any medical records should be available to the prosecutor by subpoena. In the case we have discussed below, the judge ruled that there was not enough information for the confidential medical records of the driver to be disclosed.

Medical Records in DUI Prosecutions, Blood Test Subpoenas and Medical Records


As one commentator has noted in this case the “State failed to establish there was reasonable founded suspicion to believe defendant was driving while impaired by alcohol or controlled substances so as to overcome defendant’s right to privacy in her medical records and therefore failed to establish that medical records contained information relevant to ongoing criminal investigation.”

Complete Text of Order Denying Request for Blood Results in a DUI Case


STATE OF FLORIDA, Plaintiff, v. DEBRA COOPER, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2017-308515MMDB. November 18, 2017. Belle B. Schumann, Judge. Counsel: Susan Bexley, Assistant State Attorney, for Plaintiff. John S. Hager, for Defendant.

ORDER DENYING STATE’S REQUEST TO SUBPOENA “MEDICAL” BLOOD

This case comes before the Court on the State’s Notice of Intent to Subpoena Medical Records of the Defendant, filed November 16, 2017, and the Defense’s Objection thereto, which was filed that same date. A hearing was held on the State’s request on January 17, 2018. Upon due consideration of the facts as proved and the applicable law, the Court hereby DENIES the State’s request to subpoena the Defendant’s medical records. The State failed to establish there was a reasonable founded suspicion to believe that the Defendant was driving while impaired by alcohol or controlled substances to overcome the Defendant’s right to privacy in her medical records, and therefore failed to establish that these records contain information relevant to an ongoing criminal investigation.

Previously, on November 6, 2017, there was a hearing on a motion to suppress in this case, and an order entered by the Court as a result of that hearing. This order, docket number 27 in this case, is incorporated herein [25 Fla. L. Weekly D1019a]. The facts found are as follows:

At the hearing, Assistant State Attorney Tara Libby established that on December 17, 2016, Joshua Wilson of the Ormond Beach Police Department responded to a “crash” within his city. No further explanation of this event was given. No description of the condition of the vehicles, no result of investigation into any driving pattern, no suggestion what may have caused the crash, not even the time of day or weather conditions were elicited by the State. The only further testimony about this “crash” established by the State was the conclusion by the officer that the Defendant was “at fault.” No explanation for this conclusory statement was provided, nor any of the facts that led the officer to this conclusion. There was no evidence that anyone was injured in this “crash” or even that there was any physical damage to any property.

When Officer Wilson spoke to the Defendant, he testified that he noticed she “spoke slowly” and was “lethargic,” again without any further elaboration. The State asked if in the accident report, he “noted alcohol was involved” and he replied, “yes.” The officer agreed with the conclusory question that he believed he had probable cause for DUI. No elucidation of the basis for this conclusion was provided.

On cross examination, the officer testified that he could not recall if he smelled alcohol on or about the Defendant, and conceded that his report did not indicate that he detected the odor of alcohol, or any other evidence of alcohol use. There was no mention of controlled substances.
In this prior order, the Court granted the Motion to Suppress, finding that,

The evidence presented by the State in this case falls woefully short of establishing probable cause to believe that the Defendant was driving while impaired by alcohol or a controlled substance to lawfully request breath, blood or urine. §316.1932, Fla. Stat. (2016). Although not at issue here, it seems unlikely that the State’s proof in this case would even rise to the level of a reasonable suspicion to require field sobriety exercises. The State’s offer of proof was completely inadequate. . . .

In this case, the State failed to establish any facts that would lead a reasonable person to conclude that Debra Cooper was driving under the influence of alcohol or a controlled substance on the date in question. Bare conclusory assertions cannot sustain the State’s burden of proof. Had the State presented any evidence concerning the crash to establish some sort of driving pattern, more observations of the officer, or some scintilla of evidence of impairment by alcohol, the result may have been different. (emphasis added)

Now the State seeks to subpoena the Defendant’s medical records after she was taken to the hospital as a result of the crash. The only evidence presented at the Hunter hearing was the accident report. This report is not an affidavit, and it is unsworn. It also contains statements from the Defendant which all parties agree are privileged and which cannot be used to establish the State’s burden of proof.

Assuming without deciding that an unsworn accident report is acceptable proof and not hearsay, the only evidence of impairment contained in this report is again that the Defendant appeared “lethargic and spoke slowly” after the crash that sent her to the hospital. There is the fact that the crash occurred when the vehicle driven by the Defendant drifted partially into a turn lane and struck the other vehicle from behind. The State makes no argument that the driving pattern or the crash provides evidence of impairment.

Before the State can employ its investigatory subpoena power and compel disclosure of medical records without the consent of the patient, the State “…has the obligation and the burden to show the relevancy of the records requested.” Hunter v. State, 639 So. 3d 72, 74 (Fla. 5th DCA 1994); §395.3025(4), Fla. Stat. (2016). The State’s burden arises from the Constitutional right to privacy in one’s medical records, which requires the State to demonstrate a compelling interest in the disclosure. Art. 1, §23, Fla. Const. “Such [a compelling state] interest exists where there is a reasonable founded suspicion that the materials contain information relevant to an ongoing criminal investigation.” State v. Rivers, 787 So. 2d 952, 953 (Fla. 2d DCA 2001) [26 Fla. L. Weekly D1512a]. See also, State v. Rutherford, 707 So. 2d 1129, 1131 (Fla. 4th DCA 1997) [22 Fla. L. Weekly D2387b] [disapproved on other grounds in State v. Johnson, 814 So. 2d 390 (Fla. 2002) [27 Fla. L. Weekly S250a]] (“Where a right to privacy attaches, the State may vindicate an encroachment on that right…(when it) is established by a showing that the police have a reasonable founded suspicion that the protected materials contain information relevant to an ongoing criminal investigation.”)

In support of their position, the Defense relies on the case of Guardado v. State, 61 So. 3d 1210 (Fla. 4th DCA 2011) [36 Fla. L. Weekly D1087a]. They point out that “crash plus death” or “crash plus injury” does not always make the blood relevant as the State argues; that is not the law. The Defense is entirely correct. Absent some scintilla of evidence that the Defendant was impaired by alcohol or a controlled substance, the State has again fallen woefully short of its burden to demonstrate a compelling interest which exists where there is a reasonable founded suspicion that the materials contain information relevant to an ongoing criminal investigation to overcome the Defendant’s right to privacy in her medical records.

WHEREFORE, based on the argument and authority presented, the State’s Notice of Intent to Subpoena Medical Records is hereby DENIED.

* * *

Source: Online Reference: FLWSUPP 2512COOP

How to Get Arrested for Racing | Use Baseball Diamond for Track

Criminal Mischief Damage Over $1000

Criminal Mischief Damage Over $1000

Criminal Mischief Attorney

Criminal Mischief Attorney Needed


Defense Attorney and racer has been looking for opportunities in dirt track racing. Never thought of this – motorcycles were observed by officers [on baseball diamond] . . . Officers were able to stop all of the motorcycles before the riders could flee. ” So says the Tampa Tribune.
 
“There were no injuries, but both the infield and outfield were damaged and will require repairs before it can be used for play, according to the report.” 
 

If you have been charged with CRMS3000 CRIMINAL MISCHIEF $1000 OR MORE Call Me – Defense Attorney Tampa at 1-877-793-9290 and tell me your story.


 

 

 
Form Code: CRMS3000

 

 

 

Florida Statute: 806.13.1B3

 

 
Description: CRIMINAL MISCHIEF $1000 OR MORE


806.13 Criminal mischief; penalties; penalty for minor.


(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.


3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Immigration and Criminal Defense Consequences

Drugs and Trafficking Crimes, Criminal Conviction, Crimes of Violence, Crimes Involving Moral Turpitude, immigration, ICE, deportation, deport, aliens, Padilla v. Kentucky

Immigration, ICE, Deportation,

Immigration and Criminal Defense


Criminal Convictions, Immigration, ICE, and Deportation


Here is an outline titled “Crimigration: The Marriage of Immigration and Criminal Law.” Friend of the site and author, Terry Christian is a former Immigration Judge and is also Board Certified in Criminal Trial Law. Complete text for download is avaivaible below for Immigation Consequences of Criminal Convictions and Conduct.

In Memoriam: Aug 4, 1952 – Oct 20, 2011 (Age 59) Judge Clifton died a little more than a year after giving this now highly useful seminar and presentation. Terry Clifton Christian was born the son of a coal miner in Welch, West Virginia on August 4, 1952. One of Terry’s signature accomplishments was the honor of being appointed as a Federal Immigration Judge by the Attorney General of the United States in 2003.


Questions about the Immigration Consequences of Criminal Conduct? Call Me Toll Free 1-877-793-9290.


 

The topics include:

Definition of a Criminal Conviction

Criminal Conduct Incurring Immigration Consequences

A. Crimes Involving Moral Turpitude
B. Crimes of Violence
C. Drugs and Trafficking Crimes
D. Aggravated Felonies
E. Other Crimes and Criminal Conduct Proscribed in the INA

Consequences of Criminal Convictions and Criminal Behavior

A. Inadmissibility
B. Deportability

Motion to Vacate See Padilla v. Kentucky, Case No. 08-651, S.Ct., Argued October 13, 2009-Decided March 31, 2010.)

Order of Vacatur

Complete Document is a Free Download Here.

Special Thanks to guest contributor Terry Christian.

Feds Cannot Bypass Android Security Pattern Screen Lock!

 

Android, Android Security Screen, Screen Lock

Android, Android Security Screen, Screen Lock

Android Search Warrant

 


Android Security Pattern


Feds cannot Bypass Android Security Pattern Screen Lock! After too many failed attempts phone is locked. Forensic software apparently cannot read a locked Samsung Android phone. We have just posted the FBI application for the search warrant issued to Google to tell Feds how to retrieve data here: Android Phone Search Warrant

Easy to Bypass Security Screen Lock on iPhone Wired has published a “quick method to circumvent an iPhone’s passcode-protected lock screen: tap the “Emergency Call” button, then enter three pound signs, hit the green Call button and immediately press the Lock button. That simple procedure gives a snoop full access to the Phone app on the iPhone, which contains the address book, voicemail and call history.”

Thanks to Wired Story here: https://m.wired.com/threatlevel/2012/03/fbi-android-phone-lock/



Search Warrant For a Phone? Call Casey at 813-222-2220




Raw Video – Amazing Car Chase in Hillsborough County

Pit maneuver


“Chase terminated . . . call the Coroner.”


After an alleged rampage in our Tampa Palms neighborhood, great pursuit driving by a Tampa Police Officer,  pulled a Pit maneuver, the car skidded into a ditch, and the gunfire starts in this aerial video from the helicopter. Chase terminated, call the ambulance, and call the Coroner.


 

Crime Mapping Systems in Tampa Bay – Keeping Score

Tampa Bay Crime Mapping Systems

Crime Mapping Systems in Tampa Bay

Crime Maps

 


“check your neighborhood and see if it is safe to go outside.”


Keeping score is now possible for Police. Statistics are kept for Traffic Cameras, Government Grant Applications, and  to Justify or disprove profiling allegations. Our research has noted that the public information available from the crime mapping systems below is just the tip of the iceberg. Police agencies do not disclose statistics for some crimes while touting the numbers for others. For example, one local agency with a huge public relations nightmare for DUI enforcement, has chosen not to map DUI statistics see: Tampa https://raidsonline.com/?address=tampa,fl . Other agencies may not list certain crimes or activities for reasons unbeknownst to the public.