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).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new exhibit on loan from the Drug Enforcement Administration (DEA) Museum.
Issue:
In an effort to highlight the collateral damage drug crimes cause, the Drug Enforcement Administration (DEA) has loaned the Tampa Musuem of Science and Industry (MOSI) an exhibit called, “Target America: Opening Eyes to the Damage Drugs Cause.” The exhibit is designed to illustrate the costs and consequences of drug crimes and related criminal activity.
Why This Matters To You:
The DEA picked Tampa, Florida as the longest standing host of the travelling exhibit for a reason - they consider Florida ground zero for the war on drugs. The exhibit will remain at MOSI for one year. In fact, part of the exhibit specifically highlights Florida’s connection with drug crimes including displays on: The Florida Gateway; Pill Mills and Grow Houses; Florida History Timeline and Faces & Places; Lost Potential and Getting Help; Under Surveillance; and Recognize Those Drugs.
Other displays at the exhibit include:
- Debris Field
- Cocaine Lab
- Heroin Lab
- 9/11 Artifacts
- Drug production
- Drug Trafficking
- Money Laundering
- Methamphetamine Motel
- Costs to the Environment
- Crack Den
- Costs to Children
- Lost Talent Memorial
- Drugs: The Brain and the Body - Prescription Drugs
- The Discovery Corner
- Breaking the Cycle
What To Do Next:
If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Attorney 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 and has specific knowledge and experience in defending Drug Charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how operating a simple motorized bicycle can turn into a Driving While License Suspended or Revoked (DWLSR) charge.
Issue:
Although motorized bicycles and Go-Peds are commonly used throughout Florida as an easy and economical form of transportation, these are actually illegal under Florida law, and the operation of one can lead to serious criminal penalties for traffic offenses.
Why This Matters To You:
As a cheaper and more fuel efficient means of transportation, many Florida residents use motorized bicycles if their driver’s license has been suspended or revoked, if they can’t afford gas or the upkeep of a traditional motor vehicle, or simply as an easier, hassle-free way to navigate through streets of Florida.
However, motorized cyclists have been pulled over recently and cited with traffic violations throughout Florida for riding on these bicycles. According to law enforcement, motorized bicycles would have to be licensed and registered as a motor vehicle in order to be operated in public, including streets and sidewalks, in Florida. Otherwise, the bicycle can only be used on private property. These bicycles cannot be registered in Florida, as they are not manufactured in a way that complies with the requirements of Florida’s Motor Vehicle Safety Act.
Florida’s laws do not specifically state a completely motorized bicycle is either a motor vehicle or a bicycle. A motor vehicle is defined to include scooters, mopeds, Go-Peds, pocket bikes, and motorized scooters. The Florida Department of Transpiration defines a bicycle as, “Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”
Since Florida’s law enforcement officers consider motorized bicycles to be motor vehicles, if you are caught operating one without a license because your license has been suspended or revoked due to a DUI or for another serious traffic offense, you could be charged with driving while license suspended in St. Petersburg.
Although this offense may not seem that serious, if you are on probation for a more serious criminal offense, such as a felony or driving under the influence of alcohol or drugs, you could be charged with a violation of probation in Pinellas County, and even be sent to prison or jail.
Additionally, since the motorized bicycles are illegal in public, an individual can still receive a traffic ticket for operating one – even if they do not have a suspended license or are on probation for any other criminal offense.
What To Do Next:
If you have been charged with a criminal traffic offense, such as driving with a suspended license or DUI, contact a St. Petersburg Traffic 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 you and has specific knowledge and experience in traffic offenses and representing alleged offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a recent DUI case that may serve to put other DUI cases into question.
Issue:
A recent Hernando County Florida case sheds light onto the potential issues with DUI cases that may benefit DUI defendants.
In this case, under questioning by the defense attorney, a Hernando County breath test operator testified that a security breach may have violated Florida Administrative Code regarding the fact that evidentiary breath test instruments must only be accessible to those licensed by the state. The Administrative Rule is in place to protect the chain of evidence in DUI cases.
The breath test operator testified that on numerous occasions Hernando County Sheriff’s deputies had entered the office and tampered with the breath test instruments and opened and viewed breath test evidence. The issue was apparently so egregious that the breath test operator decided to resign because she could no longer sign the breath test affidavits in good faith.
Why This Matters To You:
Based on the above case, there is a possibility that many previous DUI cases in Hernando County could be called into question. It is also possible that until the issues related to the security of the breath test machine are resolved that Hernando County judges may not allow breath test results to be admitted as evidence.
On a larger scale, this situation serves to underscore the importance of properly investigating and reviewing DUI evidence. An experienced DUI Defense Attorney should appropriately review and aggressively call into question the State’s evidence against a DUI defendant including any chain of evidence issues identified.
By identifying weaknesses and procedural issues in the State’s case, there is a greater opportunity that a DUI case may be resolved successfully for the defendant.
What To Do Next:
If you have been arrested for DUI or other drug related crimes contact a St. Petersburg DUI Attorney 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 and has specific knowledge and experience in defending DUI offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses why juveniles may be tried as adults.
Issue:
A recent Tampa, Florida case highlights how and why juvenile criminal defendants may be tried as adults.
Jared Cano, a 17-year-old accused of plotting to bomb his high school will be tried as an adult. In this case, the State Attorney’s Office determined that based on the evidence, interviews, and surrounding facts that adult charges were warranted.
While in this case it may be justified, there are many other examples where the decision to try a juvenile as an adult may be called into question.
Why This Matters To You:
The State Attorney’s Office ultimately makes the decision on whether or not to try a juvenile as an adult. The decision is usually made based on the type of crime, facts surrounding the case, as well as the prior record of the juvenile in question. When a juvenile is tried as an adult, he or she faces much greater potential punishments than those for juvenile crimes, and if convicted, a permanent adult criminal record. Additionally, certain pre-trial intervention programs traditionally available to juvenile defendants may not be available to those tried as an adult.
In some cases, a Juvenile Criminal Defense Attorney can negotiate with the State Attorney’s Office to ensure that the defendant is tried as a juvenile. This is important to avoid a potential adult criminal record, and the enhanced punishments that typically face adult defendants. An experienced Juvenile Criminal Defense Attorney can use the facts of the case as well as the juvenile defendant’s prior history and school record to avoid the State Attorney’s Office attempting to charge the defendant as an adult.
As is true with all juvenile criminal cases, early intervention and discussions with the State Attorney’s Office by a Juvenile Criminal Defense Attorney are important to adequately protect the rights of the juvenile defendant.
What To Do Next:
If your child has been charged with a crime, contact a St. Petersburg Juvenile Crimes Attorney to discuss possible defenses and specific strategies that may exist in your child’s case. Call the Morris Law Firm at 727-388-4736 to discuss your child’s 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 and has specific knowledge and experience in Juvenile crimes and representing First Time Criminal Offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Federal Judge’s ruling that has declared Florida’s drug law unconstitutional.
Issue:
Florida’s Drug Abuse Prevention and Control law was amended in 2002 by State lawmakers to remove the requirement of “guilty knowledge” or in legal terms, “mens rea.”
This change to the law made it possible for prosecutors to charge individuals with drug possession without having to prove that the person knew they were in possession of said drugs. A good example of this is a person who is charged with drug possession after the police find drugs in the center console of their car during a traffic stop. The individual may not have known that they were in possession of the drugs (especially if there were other individuals in the car), but until now prosecutors did not have to prove they had knowledge to charge them with the crime.
U.S. District Judge Mark Scriven of Orlando issued a ruling on July 27, 2011 that said the State drug law as amended was unconstitutional as it violates due process because the burden of proof is removed from the prosecution. Judge Scriven stated that the current amended law essentially criminalizes the unknowing possession of a controlled substance.
Why This Matters To You:
Judge Scriven’s ruling to strike down Florida’s drug law may have far reaching effects.
The current amended law unconstitutionally ignores the presumption of innocence and shifts the burden of proof to the defense. With Judge Scriven’s ruling, prior criminal convictions for drug possession may be eligible for appeal. Further, those facing current charges may now have additional defenses based on knowledge of possession that they did not previously have.
Finally, it can be expected that the Florida State Legislature will amend and/or fix the current drug statute which should properly shift the burden of proof back to the prosecution and bring Florida’s drug law into line with those of other states in the nation.
What To Do Next:
If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Attorney 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 and has specific knowledge and experience in defending Drug Charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
