Pinellas County Sheriff’s Office Under Fire Again

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent turmoil affecting the Pinellas County Sheriff’s Office.

Issue:

In late 2011 the Pinellas County Sheriff’s Office Narcotics Unit carried out a questionable sting operation on citizens that frequented a legal hydroponics gardening store in Largo.  More recently, an internal investigation found that patrol officers were loafing while on duty and misleading their supervisors as to their location.  Now, Sheriff Bob Gualtieri has transferred Capt. Greg Handsel out of the lead role overseeing the Administrative Investigations Unit as the Sheriff has stated that he, “wanted a fresh set of eyes on everything.”


Why This Matters To You:

The recent turmoil at the Pinellas County Sheriff’s Office places potential doubt on how the law enforcement operation is run and whether it is operating transparently and in a fair manner to alleged offenders.  The Tampa Bay Times recently analyzed the operations of the Sheriff’s internal affairs group and found that there were failures in following procedure to produce a complete investigation on several levels.

As a result of the questionable tactics in the marijuana grow house arrests, approximately 18 cases have had to be dropped by the Pinellas County State Attorney’s office.  Officers that intentionally mislead their supervisors as to their whereabouts may not be trusted to honestly and ethically enforce the law.  It now appears that with the personnel changes in the Sheriff’s Internal Investigations office that the operation is having issues policing itself.

With the above facts considered, the Pinellas County Sheriff’s office may be using questionable tactics and producing potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested by the Pinellas County Sheriff’s Office in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged felony offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Florida Highway Patrol To Increase Enforcement of Impaired Driving Over St. Patrick’s Day Weekend March 17, 2012

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Florida Highway Patrol will increase DUI enforcement over the March 17, 2012 St. Patrick’s Day holiday weekend.

Issue:

The Florida Highway Patrol (FHP) increased its patrol efforts during the week leading up to St. Patrick’s Day on March 17, 2012.  The holiday is often associated with increased drinking and partying throughout the nation.

The FHP’s crackdown was part of a national program known as, Drive Sober or Get Pulled Over, which is a nationwide multi-year advertising campaign sponsored by the U.S. Department of Transportation that aims to get drunk drivers off the road and involves increased law enforcement efforts in local communities including the Tampa Bay area of Florida.

The Florida Highway looked for individuals who were driving under the influence (DUI) in Pinellas County during the week of March 10 -17, as well as individuals engaging in speeding or reckless driving, and drivers without their seat belt fastened.

According to the FHP, 18,000 car crashes occurred throughout Florida in 2010 due to alcohol. These crashes resulted in nearly 800 deaths and over 12,000 injuries.



Why This Matters To You:

If you were pulled over for DUI, drinking and driving, reckless driving, or any other alcohol-related offense, such as DUI manslaughter, DUI with serious bodily injury, or DUI with property damage in St. Petersburg on St. Patrick’s Day, it is very important to contact an experienced local DUI defense attorney.  You only have 10 days to request an administrative review hearing if your driver’s license was suspended because you refused to submit to a chemical blood or breath test or failed to pass a chemical alcohol test.

Additionally, if you are convicted of a DUI offense in Florida, you can face serious penalties and repercussions, such as jail or prison time, fines, a driver’s license suspension, requirements to complete substance-abuse evaluation and treatment and/or a criminal record.

With the above said, you may not have to face a conviction for your alleged DUI offense.  There may be defenses or mitigating factors available in your defense, such as problems with the chemical alcohol test, law enforcement procedural violations, constitutional violations and/or insufficient evidence to prove your charges.  Additionally, the state prosecutor must prove you committed every element of the offense beyond a reasonable doubt.  This can be a very difficult burden of proof to satisfy, and any doubt in the mind of the judge or jury can possibly result in a dismissal or reduction in the charges against you.


What To Do Next:

If you have been charged with driving under the influence of alcohol (DUI), or reckless driving offense in the Tampa Bay area, contact a St. Petersburg Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 for a free initial consultation on your case with an attorney.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged drunk driving offenders throughout the entire Tampa Bay, Florida area (Pinellas County: St. Petersburg, Clearwater, Largo, Seminole;  Hillsborough County: Tampa; Pasco, Manatee, Sarasota, and Bradenton counties).

Morris Law Firm YouTube Channel - Criminal Attorney St. Petersburg New Videos Posted

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm introduces the Morris Law Firm’s new YouTube Channel and videos.

Issue:

The Morris Law Firm has just relaunched the Morris Law Firm YouTube Channel that contains videos about the firm and our appearances on local news stations.  The Channel will be updated to include informational videos on criminal law in the Tampa Bay Area.


Why This Matters To You:

We have just added videos that introduce the Morris Law Firm and our managing partner, Melinda Morris.  Over the coming months we will launch additional informational videos that focus on criminal defense issues that face our potential clients and affect the local Tampa Bay area community.

What To Do Next:

Watch our videos on the Morris Law Firm YouTube Channel and subscribe to our channel to be alerted to all of our upcoming videos.  If you have been charged with a crime in the Tampa Bay area, contact a St. Petersburg Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged criminal offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Administrative License Suspension Procedures after a DUI Arrest in Florida May Soon Change

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a proposed Bill to change administrative suspension laws for DUI in Florida.

Issue:

Senator Thad Altman (Florida Senate - R) introduced Senate Bill 864 in January, which aims to change the administrative license suspension laws for driving under the influence of alcohol in Florida.

Specifically, the propsed bill states that if a driver is pulled over on suspicion of driving under the influence, they would receive a notice to appear at a Florida Department of Highway Safety and Motor Vehicles Bureau of Administrative Review Office, in addition to receiving a notice of the license suspension.

Once the driver appears at their hearing with the FDHSMV, they may be permitted to immediately choose a “business purpose only” license, which allows the driver to operate their vehicle for limited circumstances, such as driving to and from work.



Why This Matters To You:

Currently, if you have been arrested for driving under the influence (DUI) in Florida and you refuse to submit to chemical alcohol testing or fail to pass an intoxication test, such as a blood alcohol test or a breath alcohol test, you will automatically receive notice of an administrative license suspension.

The laws surrounding DUI driver’s license suspensions in Florida currently provide the driver with an opportunity to request an administrative review hearing within ten (10) days of receiving notice of the suspension after a DUI offense.  The formal administrative review hearing allows the driver to challenge the suspension.  If the driver wins, their license will be reinstated.  If they lose, their license will remain suspended.  Currently, any driver with an administrative license suspension can request a “business purpose only” license if they do not successfully challenge their license suspension after a 30 to 90 day period has passed and they are deemed eligible.

If passed, SB 864 would limit the driver’s opportunity to request a formal administrative review hearing.  If the driver appears at the Administrative Review Hearing Office as stated in their notice and they elect to receive a “business purpose only” license, they will waive their right to challenge the suspension at a formal review hearing.  Although it may appear to be an advantage to receive a “business purpose only” license immediately, any eligible driver can receive this type of license after a certain period of time if their license has been suspended administratively.  However, the driver is not currently required to waive their rights to a formal review hearing, and if the driver wins at the formal hearing, their driving privileges will not be suspended or limited at all.


What To Do Next:

If you have been charged with driving under the influence (DUI) in or have received an administrative license suspension in Tampa, contact a St. Petersburg Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing DUI offenses and administrative license suspensions throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Gasparilla 2012 May Mean More Arrests in Tampa, Florida

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Tampa’s Gasparilla 2012 could lead to more arrests.

Issue:

The Gasparilla Pirate Festival is held every January in Tampa, Florida.  Put on by Ye Mystic Krewe of Gasparilla the boat parade, float parade down Bayshore Boulevard in Tampa, and ensuing nighttime party in downtown Tampa and Ybor City celebrates the legend of Jose Gaspar (thus Gasparilla).  Jose Gaspar was supposedly a Spanish Pirate that operated in the waters around Tampa Bay.

The Gasparilla celebration brings over 400,000 people to Tampa to celebrate and imbibe.  City leadership and Tampa law enforcement have stepped up efforts to control party-goers and enforce rules to limit the chaos.




Why This Matters To You:

Tampa Law Enforcement is on high alert during the Gasparilla Festival.  In fact, almost all active duty officers are called on to enforce the law during the celebration weekend.  Increased law enforcement coupled with a party atmosphere and a much larger than usual population in the downtown Tampa and Ybor City areas can lead to a greater number of arrests.

Tampa law enforcement including the Hillsborough County Sheriff’s Office, Tampa Police Department, and Florida Highway Patrol will be on the lookout for the following types of criminal infractions:

• Driving Under the Influence
• Public Intoxication
• Disorderly Conduct
• Public Urination
• Assault / Battery
• Possession of Marijuana
• Possession of Pills
• Possession of Cocaine
• Possession of Paraphanalia

If you have been arrested at Gasparilla:

1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, ask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.

What To Do Next:

If you have been arrested at Gasparilla 2012 for DUI or other criminal charges in Tampa, contact a local Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing driving under the influence offenses and many other criminal matters throughout Hillsborough County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Florida Department of Law Enforcement Employees Get Drunk to Test Breathalyzer Machines

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the FDLE attempted to validate the sometimes faulty Intoxilyzer 8000.

Issue:

The Florida Department of Law Enforcement (FDLE) recently had 15 of its employees get drunk in order to test the accuracy of their DUI chemical breath test machines, known as the breathalyzer machine or the Intoxilyzer 8000.  Although the tests were conducted by a private firm, the FDLE spent over $300 on alcohol and snacks for the participants.  The tests were administered after the employees were given a certain amount of alcohol.

The FDLE claims the tests were conducted in order to ensure the breathalyzer machines were taking accurate samples of breath alcohol concentration (BAC).  The test results were also compared to blood alcohol concentration test samples.

Although many DUI chemical breath tests have recently been thrown out in Sarasota and Manatee County courts based on how the calibration of the testing machines might affect the readings, the FDLE claims the machines show correct results, no matter how the machine was calibrated.



Why This Matters To You:

If you have been charged with driving under the influence in Tampa due to the results of a chemical breath test, it is important to know you may be able to challenge the readings of the chemical test in court.  While the Florida Department of Law Enforcement would like to hold up the results of their experiment as a, “controlled scientific test,” the results are far from scientific or valid.  There were a relatively small number of participants in the test (15 to be exact), far from being statistically significant. Further, the FDLE did not report that there was a control group, or the details of their testing methodology.  As well, the test was held one time and not validated.  While the FDLE would like to use their test as a validation of the accuracy of the Intoxilyzer 8000, the questions around the device’s accuracy still remain and legal challenges to its results will continue.

Some of the most common reasons a breath test machine may produce inaccurate results can include:

• The machine was calibrated too high
• The machine was calibrated too low
• The person taking the test did not provide a sufficient amount of breath
• The breath test was affected by radio frequency
• The breath test was contaminated
• The machine had preexisting alcohol in the chamber

What To Do Next:

If you have been charged with drinking and driving or refusing to submit to a breath test for DUI in Tampa, contact a St. Petersburg Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing driving under the influence offenses throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Pinellas County Sheriff’s Office to Conduct Sobriety Checkpoints as Holidays Approach

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Pinellas County Sheriff’s plan for additional DUI Sobriety Checkpoints during the 2011-2012 holiday season.

Issue:

The Pinellas County Sheriff’s Office will conduct four driving under the influence of alcohol or drugs (DUI) checkpoints the weekends of December 9 – 10, 2011 and December 16 – 17, 2011.  The checkpoints will take place at multiple locations, including Madeira Beach, Clearwater and Palm Harbor.

In addition to the Pinellas County Sheriff’s Office, the following law enforcement agencies in the Tampa area will be participating in the checkpoints – the Patrol Operations Bureau, the Special Operations Division, Patrol Deputies, the Prisoner Transport Unit, Traffic Crash Investigators, Community Policing Unit, K-9 Unit, Explorer Post 900, Investigative Operations Bureau, the Narcotics Unit and the Remove Intoxicated Drivers (RID).




Why This Matters To You:

At the DUI checkpoints, about 35 to 40 law enforcement officers will be checking for drivers who are impaired by the use of drugs, controlled substances or alcohol.  Any driver suspected of DUI will be required to take a chemical breath test to check for the driver’s breath alcohol concentration level (BAC).

Although the checkpoints are intended to reduce injuries and save lives over the holidays, the checkpoints will also obviously result in increased driving under the influence charges, including underage DUI, administrative licenses suspension for DUI refusal and prescription drug DUI.  Additionally, the law enforcement officers will check for traffic offenses, such as driving without a license or registration and equipment violations.


What To Do Next:

If you have been charged with driving under the influence in the Tampa Bay area, contact a St. Petersburg DUI Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged DUI offenders throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Faulty Breathalyzer Machines Result in Inadmissible Evidence in Florida DUI Cases

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how faulty breath tests in Florida can affect a DUI conviction.

Issue:

The evidence from DUI breath tests, or breathalyzer machines, throughout Manatee and Sarasota counties in Florida has been called into question lately, as local authorities have recently discovered the machines are not being maintained and calibrated properly.

Many drivers throughout Manatee and Sarasota counties in Florida were arrested and convicted of driving under the influence of alcohol (DUI) based on the results of these faulty breath test machines, which were not recording proper breath levels.

Five different DUI Intoxilyzer 8000 machines were not calibrated, and therefore, not working properly when they were used to ascertain the breath alcohol concentration (BAC) level of around 100 individuals pulled over on suspicion of drinking and driving in Florida over a period of time dating back to 2007.

Why This Matters To You:

If you were charged with driving under the influence (DUI) in Sarasota County or Manatee County in the past few years and convicted of the offense based on the results of a breath alcohol test, there is a chance your case will be overturned if the prosecutor had no other concrete evidence to maintain the conviction.

The Florida State Attorney’s Office is currently notifying the defendants who were tested on the faulty Intoxilyzer 8000 machines to inform them the results will not be used as evidence in their DUI cases.

The use of faulty breathalyzer machines in two counties in Florida may indicate a larger problem associated with alcohol breath testing equipment.  If errors occurred in two counties in Florida, there’s a likelihood it’s also taking place in several other counties throughout the state.

This apparent problem also calls into question the reliability of alcohol breath tests in general.  If the mere failure to calibrate a breath test machine could lead to such erroneous results, then there may be several other factors influencing the so-called evidence to DUI-related offenses.

If you are facing a DUI conviction after failing a breath alcohol test, there is a probability the case against you could be dismissed based on the unreliability and obvious issues associated with the Intoxilyzer 8000 and other breath testing machines utilized throughout Florida.


What To Do Next:

If you have been charged with driving under the influence of alcohol, DUI, or other DUI-related offenses, contact a St. Petersburg DUI Lawyer to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our online form to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in defending DUI cases and representing alleged drunk driving offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).