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Case Number 7565-XEF – Judge Lefler

Charge: DUI

Result: NO DUI CONVICTION

Defendant was stopped for traveling over the solid white bar at a pedestrian cross walk.  The defendant was then observed driving straight in a right turn only lane.  Tampa Police Officers smelled an odor of alcohol on her breath and she failed field sobriety exercises.  At Central Breath Testing at the Orient Road Jail, defendant provided a breath sample of .158.  Stephen Higgins argued that there was lack of probable cause for the stop of her vehicle, and despite the breath sample, kept his client from being convicted of a DUI.

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The defendant was stopped for changing lanes without signaling in Sarasota County.  The trooper noticed signs of impairment and conducted a DUI investigation.  The Defendant was subsequently arrested and blew a .149 and a  .138.  Darren Finebloom subpoenaed the officer to the DMV hearing in order to obtain testimony that no traffic violation was committed by the Defendant’s change of lanes.  Once obtaining that testimony Darren Finebloom filed a motion to suppress and the State reduced the DUI to a reckless driving with no DUI conviction.

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Defendant was stopped in Manatee County by a Pinellas County sheriff for briefly driving on the wrong side of the roadway against oncoming traffic.  The Pinellas sheriff called out for Manatee Deputies to respond.  A DUI investigation ensued and the Defendant was arrested for DUI.  He took a breath test and blew over a .20.  Darren Finebloom investigated the case and filed a motion to suppress based on the unlawful stop and arrest.  Mr. Finebloom argued that because the Pinellas Deputy was out of his jurisdiction he could not perform a traffic stop as there was no felony committed in his presence nor a breach of peace.   Furthermore even if the court found a breach of peace no citizens arrest was performed by the out of county deputy.   The Judge granted the motion and the State dropped the DUI charge completely.

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Defendant was stopped for running a stop sign.  Upon extensive review of the location of the stop, pictures were taken of the stop sign and compared to the position of the officer at the time he allegedly observed defendant driving.  During negotiations and argument with the state attorney, it was questioned whether the officer actually observed the traffic infraction.  Despite the officer’s observations and video surveillance indicating sub-par performance on the field sobriety exercises, the charge was reduced to reckless driving.

The post Hillsborough County DUI Reduced to Reckless Driving appeared first on Fight Your DUI.

Here’s a quick look at potential punishments attached to your first Tampa DUI conviction: jail time, probation, community service, attending a victim impact panel, installation of an ignition interlock device and fines. There is a fair amount of leeway in the attachment of some of these punishments and a lot of that has to do with the nature of your case and your criminal past. Some of these punishments are designed to deter future bad behavior and rehabilitate you. When you receive a second Tampa DUI, the court sees this as an indication of your failure to take the first round of punishments seriously and the length and severity of second time DUI punishments will certainly reflect this disappointment in your behavior.

In Tampa, there are two mandatory punishments the courts will attach to a second DUI conviction: jail time and license suspension. Here’s a look at the specifics of each of these punishments:

1. Jail Time: A second Tampa DUI within a five year period comes with a minimum of ten days in county jail. In some instances, we have been able to get clients time in a county alcohol treatment program in lieu of jail time.
2. License Suspension: A second DUI conviction in the last five years will also result in a mandatory license suspension of five years. The first year of this suspension is especially difficult as the individual will not be able to drive for any reason.

Getting a second DUI in Tampa is serious business. And the Tampa police are always on the lookout for DUI’s. But just because you are charged with driving under the influence does not mean that you are going to be convicted of it. At Finebloom & Haenel knows how difficult the time following a second Tampa DUI arrest can be.

Give us a call today for an obligation-free consultation on your case. Even if we were not your attorneys the first time around, we can help get you the best results possible this time. We will go over the difference between the first DUI and second and also outline your legal option. Give us a call today for a free consultation. We look forward to hearing from you soon.

Published with help from my friend David Benowitz

The post A Look At Multiple Tampa DUI’s appeared first on Fight Your DUI.

In a Florida DUI case, the DMV places an affirmative obligation on drivers to schedule an administrative hearing within ten days of being charged with a DUI. If your BAC reading was over the legal limit or you refused to take a chemical test at the time you were pulled over then the state will temporarily suspend your license. A Formal Review Hearing represents the time when the court will decide whether or not your driver’s license will be reinstated or suspended. The sole purpose of the hearing is to determine your eligibility to drive, not whether or not you will be convicted of a DUI.

• If you win the review then you will have the ability to drive again. But just because you won the hearing does not mean that the whole ordeal is over. You still have a DUI charge to fight!
• If you lose your formal review hearing, then your Florida driver’s license will be suspended for either thirty or ninety days, depending on the facts of your case.

Getting a Florida hardship license is an option for those individuals that lost their hearing. Unfortunately, this option does not arise until your thirty or ninety day license suspension is over. Once it is, working with a Florida DUI attorney can help get you a hardship license as quickly as possible.

A hardship license will not come with the same driving privileges you were accustom to before you received your DUI. That being said, it is certainly better than nothing! A Florida hardship license will limit the scope of your driving. For instance, you may only be able to drive to and from work or school while you have the hardship license. Getting caught driving outside of the scope of your Florida hardship license will create a whole new set of hardships for you! These special licenses usually last for around forty two days and drivers are required to keep the special license with them at all times when he or she is driving.

We know how important keeping your license is to your livelihood and how scary dealing with the DMV and the Florida court system can be. If you have recently been charged with a DUI in Florida, give the law firm of Finebloom & Haenel P.A. a call today to discuss your case. We will work hard to defend the charges against you and also help get you the best results possible in your DHSMV hearing. Give us a call today for an obligation-free consultation.

Special thanks to Thomas Soldan for his help with this post.

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So what constitutes a felony DUI in Sarasota? In order for the state to charge a driver with a felony DUI, the prosecution must present compelling evidence that demonstrates why an enhanced charge is necessary and appropriate in the case. Here’s a look at some of the situations in which a prosecutor may argue for a felony DUI in Sarasota:

1. High BAC Level: In Sarasota, a BAC reading of .08 or above will get you charged with a DUI. This number is actually the limit in every state in the U.S. Having a BAC reading substantially higher than the .08 may elevate a case to a felony. At the very least, a high BAC reading will typically result in harsher punishments.
2. Injury: If a DUI involved death or serious bodily injury and the prosecution in the case can prove that the driver was the case of it (a high standard of proof) then a DUI will likely be charged as a felony DUI. For instance, a DUI with serious bodily injury in Florida is classified as a third degree felony and carries the possibility of five years in state prison.
3. Multiple DUI’s: Sarasota does not look kindly on multiple DUI’s for obvious reasons. In addition to the possibility of having an elevated charge, those individuals that receive a second DUI within five years throughout the state face mandatory minimum jail time in addition to a five year license suspension. Additionally, those individuals that receive a DUI while driving on a restricted or suspended license will see additional punishments attached to their case as well.
4. Children: A judge is not going to look kindly on a DUI that involved children in the car.

A Sarasota felony DUI can reach that enhanced status for various reasons but the underlying theme in all of these cases has to do with the simple fact that the DUI was more dangerous than most. The punishments attached to a felony DUI are designed to not only deter future behavior but to seriously punish the diver for his or her actions on the drive in question.

At Finebloom & Haenel P.A., we have worked many felony DUI cases and know how intimidating the process can be. We will work hard to get you the best results possible and explain your case to you every step of the way. Give us a call today for a free consultation on your case.

The post What Constitutes A Felony DUI In Sarasota? appeared first on Fight Your DUI.

So just how successful was the three week campaign? Here’s a snapshot:

– 39,202 traffic citations issued
– 13,660 drivers cited for speeding
– 2,570 citations for failing to wear a seatbelt
– 548 driving under the influence arrests

The Patch quotes Director of the Florida Highway Patrol, Col. David Brieton on the campaign: “Our troopers were out on the roadways to help Florida residents and visitors have a safe and enjoyable holiday period. Every year the members of the patrol do their part to identify unsafe drivers and remove them from the roadways, as well as take the appropriate steps to deter unsafe driving behaviors.”

The campaign may be over but that does not mean that Florida Highway Patrol officers aren’t still out there looking for anyone breaking the law. For many of the drivers that were pulled over, it was their first encounter with law enforcement. Whether being pulled over for a relatively minor infraction or a major offense, here are some tips on how to handle your initial police encounter:

 – Pull over to a safe location: Bright lights in your rear view mirror are an incredibly intimidating sight to see. Whether you are on the freeway or a residential street, pull over as soon as you know you are being signaled to do so but also make sure you pull over in a safe location. Once you have stopped, stop your engine and wait for the police officer to approach your car
 – Follow directions: The police officer will tell you exactly what he or she wants from you. Do not go to your glove compartment to grab your license or registration before you are asked to do so—the police may see you moving around and think you are looking for a weapon.
 – Stay calm: The police may not be nice and they are looking to give you a ticket so remember to stay calm even if the officer is taking an aggressive tone with you. If you are being pulled over for a DUI or the police are searching your car, now is not the time to get angry or defensive.

We hope that none of you were victims of the holiday crackdown. If you were, give the law firm of Finebloom & Haenel P.A. a call to discuss your case.

The post Florida’s Holiday DUI Crackdown Leads to 548 Arrests appeared first on Fight Your DUI.

The basic purpose behind field sobriety tests is simple- to determine whether a driver is drunk by testing his or her coordination. In doing so, the police are looking for any sign of intoxication. The tests are administered on the side of the road, causing additional distractions to the driver. Failing one or all of the field sobriety tests administered gives the Sarasota police enough reason to bring the driver in for further (and much more invasive) chemical testing. Unlike chemical testing, which yields a quantifiable BAC number, field sobriety tests are extremely subjective. The reality is that the police pull you over with the mindset that you are driving under the influence. He or she uses the tests as a way to confirm what they already think, and not as a way to disprove what they think. This mindset coupled with the intimidating roadside atmosphere put you in a losing position before you even begin.

The three basic types of Sarasota field sobriety tests are:

1. The Eye Test: The eye test is typically the first field sobriety test the Sarasota police will perform. The test checks whether the driver suspected of driving under the influence is able to follow an object with their eyes.

1. The One-Leg Stand: As the name implies, this test checks your ability to stand on one leg. Of course, the police assume you can stand on one leg sober—something that is simply not true for many people. In addition to standing on one leg, this test is also deigned to check your ability to do multiple tasks at once- the police officer will have you count out loud while attempting to balance.

1. The Walk and Turn Test:  A divided attention test, the walk and turn test has the individual to put one foot in front of another, turn around and then do it all over again. Ability to follow instructions and coordination are the two things police are looking for in this test.

Field sobriety tests are considered voluntary in the state of Florida. That’s right; you DO NOT have to take the tests when asked by a police officer.

If you have recently been arrested for a DUI in Sarasota, give us a call for a free consultation on your case. The law firm of Finebloom & Haenel P.A. are available day and night to discuss the legal options in front of you and will work hard to get you the best results possible. We look forward to hearing from you!

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