We have all heard about the guy who is passed out behind the wheel and was convicted of dui. Well that is not always the case! In a recent case we handled, our client was charged with DUI for driving his car into a closed business and then passing out behind the wheel. During our investigation, we located a key eyewitness who testified that our client was not behind the wheel as the police officer stated. Result- NO CONVICTION!
August 28, 2009
August 4, 2009
Operation 3D
In Tampa there is a public awareness plan to help the Hillsborough County Sheriff’s Office better deal with problems when drivers drink and drive, it’s called Operation 3D. The purpose of the program is to support and improve a driver’s willingness to comply with current traffic laws. Awareness and program success include news releases and PSA’s, or public service announcements. These are being placed and distributed through local media and other types of support information. This effort serves to support the enforcement of current state laws by the Sheriff’s Office. Other agencies are being involved to assure an enhanced level of safety for the overall traveling public and for all drivers using the roadways.
In June 2009 the program was focused on all of the Districts. Each night throughout June, a different area was scheduled for this activity. This included anything from heightened patrols, without BAT or transport, to Check Points and saturation patrols. Their purpose was to identify drivers suspected of some degree of intoxication while driving. These have been used from time to time.
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Use of Subpoenas by the Florida DMV in DUI Cases
Did you know the Florida DMV must subpoena the Breath Test Maintenance Officer and Operator to the DUI Formal Review regarding a DUI related Administrative suspension or the suspension will be overturned? It’s perhaps the most important single procedure that can get messed up. There are numerous cases where events improperly handled have actually set aside a seeming conviction, all because it wasn’t handled by the DMV properly.
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As with anything to do with the law, there are many subtleties to the law. This is especially true in regards to a DUI arrest even in Florida. Evidence requests need to be timely for a driver to defend himself. If a driver facing DUI charges does not have adequate time or experienced counsel.
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If the subpoena is not handled properly and the officers and others involved do not do not produce the supporting documents an entire case can be invalidated according to Florida in certain cases. For one if the support documents of the officer’s case are not there for a DUI petitioner than a constitutional issue arises in the petitioner’s behalf. That issue is due process as the fact that the actual documents supporting the arresting officer’s contention are not present to be examined. Florida DMV expects to persevere someone needs to make after a DUI arrest needs to be made quickly. Given the tight time period it must be provided in less than a week, which is why an experienced DUI attorney needs to be in your corner as soon as possible after the arrest.
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Read more about Subpoenas in DUI Cases...