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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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.

 

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.

 

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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Two cases are worth considering for anyone who is concerned about being stopped for a DUI in the state of Florida. Both cases have similarities, yet have had quite different outcomes, so far. The timing of the two arrests is interesting, both within 30 days of each other, as reported in the article at www.Jacksonville.com/news. Yet both had totally different outcomes. Each case had a core commonality, refusal to submit to DUI testing.

 

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There are alternatives things one can do to protect oneself from a DUI arrest. The first is a ‘designated driver’ for the outing.

 

MADD, Mothers against Drunk Drivers suggest this solution to the drunken driving problem that exists. By using a designated driver you are not in a situation to be arrested. Arranging for a reliable designated driver may be a challenge if all your friends or fellow participants are planning to consume alcohol also. You and your friends can pool together and hire a limo service if the occasion is special enough and may be a fun way to prevent any problems that driving drunk can cause.

 

Another possible alternative for greater safety and fun is staying at the event if it is at a hotel. There will be no worries about driving and what may happen and then you can return the next day. If it is at friend’s home, one time you can stay at their place and the next time they can stay with you; neither of you driving after drinking. Most people who drink recreationally on weekends or on special occasions aren’t always able to make the event into a mini-vacation to handle frequent activities of celebrations involving alcohol consumption. People can make arrangements with friends to have mutual get-togethers and stay over to eliminate the possibility of driving drunk.

 

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