Florida DUI Intoxilyzer Evidence Put Into Question

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent rulings on Florida DUI Intoxilyzer evidence and how it may benefit those arrested for DUI.

Issue:

Florida utilzies the Intoxilyzer 8000 to provide evidence of Driving Under the Influence (DUI).    The Intoxilyzer 8000 is an infrared spectrometry breath alcohol instrument that measures levels of intoxication by blowing into a tube connected to the device.  In Florida, a blow of over .08 is considered to be over the limit.

Now, the Intoxilyzer 8000 is coming under attack by criminal defense attorneys and DUI experts who are challenging the legitimacy and accuracy of the results produced from the machine.  In fact, the forensic test is being challenged in Pinellas, Hillsborough, and Sarasota counties just to name a few.

Because of the legal challenges, judges in two Florida counties (Orange and Osceola) will not allow Intoxilyzer evidence in a DUI case.  The legal challenges continue to mount against the device while the Florida Department of Law Enforcement (FDLE) continues to defend the device which provides critical evidence for prosecutors to pursue those arrested for DUI.

Why This Matters To You:

Without a breath test measurement, the State Attorney is without a critical piece of evidence to convict someone accused of DUI.

The challenges to the Intoxilyzer 8000 are more than just legal wrangling.  There are serious unanswered issues around the machine and its manufacturer that have not been answered while the evidence continues to be used to convict those accused of DUI.  For example, the Intoxilyzer 8000 takes two readings for every breath test and also measures a control test before and after the test subject’s blow, but there is no way to be certain that even the control test is accurate.  Further, there are 40 pieces of data that go into generating a breath test result from the machine - unfortunately, all of that data is deleted after the results are generated.  As with any normal scientific procedure, a margin of error would be available - not so with the Intoxilyzer 8000.  As well, CMI, the manufacturer of the device, has failed to allow attorneys to review the source code or software that runs the Intoxilyzer 8000 citing trade secrets.

As criminal defense attorneys continue to attack the Intoxilyzer 8000, more and more judges may stop relying on the evidence it produces.  This would leave prosecutors with only the observations of police officers and witnesses to rely on for a conviction.


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 Bars’ 3AM Closing Time Sparks More Arrests

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how St. Petersburg’s new bar closing time of 3AM has sparked more and more arrests.

Issue:

Less than 1 year ago, St. Petersburg officially changed the closing time of local bars from 2AM to 3AM in a move to compete for more business and more patrons as other local cities had later closing times.

Now the city has realized that the later closing time brings additional opportunities for criminal behavior including public intoxication, disturbances, DUI, and assault/battery.

Arrests in St. Petersburg since the new closing time went into effect have shot up 253% in the 2AM to 4AM time frame prompting the St. Petersburg Police Department to consider additional officers and patrols in the downtown area.

Why This Matters To You:

The St. Petersburg Police Department’s focus on cracking down on revelers in the downtown district and spiking arrest rates could land otherwise law abiding patrons in handcuffs.  As law enforcement becomes more focused and aggressive (Mayor Bill Foster has vowed that St. Petersburg will not become another Ybor City), what has long been accepted as normal revelry, and perhaps getting a bit “out of hand” - but not subject to criminal charges - will now be vigorously pursued by law enforcement.

In many instances, individuals arrested while out partying are First Time Offenders who require aggressive criminal defense to protect their rights and provide every opportunity to avoid a criminal record which may negatively affect scholastic and job opportunities.

What To Do Next:

If you have been arrested for public intoxication, public disturbance, assault/battery, DUI or other criminal offenses contact a St. Petersburg First Time Offender 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 criminal offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

St. Petersburg Police Department Task Force Targets Juvenile Offenders

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the how St. Petersburg Police Department’s new task force targets Juvenile offenders.

Issue:

The St. Petersburg Police Department has recentely created a new unit called the Career Offender Tracking and Apprehension unit (COTA).  The unit is intended to keep track of adult and juvenile offenders who have committed serious crimes and/or those who are at risk to have a repeat offense.

The detectives in the unit regularly check-in on offenders in their homes and create files on each offender.  They check to see that they are abiding by their conditions of release and in the case of juvenile offenders attending school.  By keeping close tabs on these targeted offenders, the St. Petersburg Police Department hopes to cut crime rates and recidivism.

While the unit’s intentions sound favorable, it should be noted that out of the hundreds of arrests in St. Petersburg, the COTA unit recently had 92 adults on its list while there were 175 juvenile offenders - a significant focus on youthful offenders.

Why This Matters To You:

The new St. Petersburg Police unit raises the question of whether or not law enforcement should also have the job of acting as a probation officer for juvenile offenders.  It is much easier for law enforcement to immediately arrest a juvenile offender for a minor violation on the spot given the new duties of the COTA unit, whereas a normal probation officer may be given additional purview to get the youth back into line before an arrest is made on a minor violation.

Further, the detectives in the new unit are building significant dossiers on each child they are tracking including information gathered from schools, peers, and parents.  This information could be used against a juvenile in court.

As well, the ability to arrest juveniles with the new COTA unit could potentially institutionalize a youthful offender before they are given the opportunity to be rehabilitized.

While Pinellas county judges and the State Attorney’s office have endorsed the COTA unit’s mission in theory, it is the job of criminal defense attorneys to defend juveniles who have fallen into the criminal justice system and require as vigorous a defense as local law enforcement is putting into their offensive tactics targeting youthful offenders.


What To Do Next:

If your child has been arrested for a criminal charge, contact a St. Petersburg Juvenile 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 defending Juvenile Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

New Florida Law Could Put Doctors in the Cross-hairs

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent law regulating pain clinics which could put doctors in the cross-hairs of State law enforcement.

Issue:

As Florida struggles to deal with the epidemic of pain pill abuse and trafficking, law makers have instituted regulations that cover pain clinics.  Within the new law is a provision that limits the actual number of pain pill prescriptions a physician can write in a single day.  While on its face this provision may seem reasonable, it comes with complexity and unintended consequences for Tampa Bay area doctors.  The proposal is that each full time physician could write a maximum of 150 prescriptions per day while part time doctors could write far fewer based on hours worked.

Florida state medical boards have met to discuss the proposal and have objected to the caps.  Their concerns include how state inspectors would police the new law, and the number of loop holes in the provisions.

Doctors are similarly concerned that the new regulations will increase their costs of providing care and may limit their ability to provide care to patients legitimately in need.

Why This Matters To You:

Given the new regulations and proposals, law abiding physicians could unwittingly prescribe more than the maximum number of scripts provided under the new regulations.  Further, a doctor could be tempted to provide care to a patient in need of pain relief even if they have already filled their daily allowed number of prescriptions.  The added complexity of complying to new legislation opens doctors and office staff to severe criminal charges including Prescription Drug Trafficking.

While Florida continues to address the issue of pain clinics and pain pill abuse, medical professionals including anesthesiologists, neurologists, psychiatrists, internists, family physicians, orthopedists, and gerontologists may find themselves in the cross-hairs of law enforcement.


What To Do Next:

If you have been arrested for Prescription Drug Trafficking, or other drug related crimes contact a St. Petersburg Drug Crimes 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 Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

U.S Supreme Court Ruling Could Affect Florida Juvenile Defendants

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent U.S. Supreme Court Ruling and how it may affect juveniles convicted of criminal offenses.


Issue:

The U.S. Supreme Court recently made a ruling that reduces penalties for juvenile offenses in certain situations.  The high court ruled that juveniles who commit crimes (with the exception of homicide) before turning 18 should not be subject to a sentence of life without the possibility of parole as the court considered it cruel and unusual punishment.

In Florida, the state abolished parole for life sentences in 1983, thus, a life sentence has meant life for juveniles until now.  As a life sentence is no longer legal under the Supreme Court ruling there are few options for Florida judges who want to impose the harshest of sentences for juveniles.  Now, Florida judges are in a dilemma when they want to hand out the maximum punishment - for example, would multiple back-to-back 30 year sentences be considered “life?”  What about a 70 year sentence?  Pinellas County and other Florida judges are left to interpret the ruling and research cases in other jurisdictions to seek direction.




Why This Matters To You:

This new gray area leaves the Supreme Court’s ruling up for interpretation and makes certain juvenile sentences ripe for appeal.  Additionally, as judges can no longer hand out life sentences to juvenile offenders, Florida Legislators must come up with a solution.  Currently in discussion is a bill that would give juvenile offenders affected by the Supreme Court ruling an opportunity for parole after 25 years.

Juveniles would still have to meet certain criteria to be eligible for parole under the bill including good behavior and achievement of a GED.

Regardless of changes to the the law, it is very important to retain a Criminal Defense Attorney with experience in the Juvenile Justice System if your child has been arrested.  In many cases, even a minor juvenile offense can have long lasting effects if not handled properly.


What To Do Next:

If your child has been arrested for a criminal charge, contact a St. Petersburg Juvenile 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 defending Juvenile Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Even Apple Takes Juvenile Sexting Seriously – Effects in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the how the rise of Sexting (a felony charged as child pornography in the State of Florida) has caused Apple to patent a mechanism to keep Juvenile iPhone users from getting in trouble.

Issue:

Sexting is the act of sending sexually explicit text messages and / or multimedia messages (photos, videos) via cell phones or computers (or other electronic mechanism).

A recent national study showed one in five teenagers have sent sexy text messages with racy photos.

Sexting has become so prevalent that Apple has recently had a patent approved which the media has dubbed, “the anti-sexting patent.”  While the patent focuses on providing parental controls over language sent and received via text message, it seems reasonable that the technology could be expanded to cover photo messages in the foreseeable future.

Why This Matters To You:

Apple takes the issue of Sexting seriously enough to file for a patent on “anti-sexting technology” for their iPhone and other devices.  They are right to take this issue seriously as under the current law a minor caught Sexting with his or her peers may be guilty of child pornography, a felony in the State of Florida.

Even though most understand that Sexting is by and large youthful bad behavior, the State of Florida recognizes it as child pornography, a felony punishable by jail time and potential registration as a sex offender.  Felony criminal charges can have a painful effect on a youthful offender as it can affect their future including academic and employment opportunities, not to mention short term punishments and sanctions imposed by the Florida Juvenile Justice System.

What To Do Next:

If your child has been arrested for a Juvenile Sexual Offense, contact a St. Petersburg Juvenile Defense 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 Juvenile offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

New Florida Drug Court Requirements Could Benefit Offenders

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent review of Florida Drug Courts by the Florida Legislature and how it may affect those convicted of Drug Crimes.

Issue:

The Florida Legislature’s Office of Program Policy Analysis and Government Accountability recently released a report that indicated the requirements for admitting drug offenders into Drug Court (a type of diversion program to give offenders treatment and rehabilitation instead of prison sentences) is too strict.

The Florida Legislature has poured $19M over the last year into the Florida Drug Court program in eight counties (including Pinellas, Hillsborough, and Polk) with the hope that it would save the State some $95M by diverting offenders into treatment instead of prison which can be much more expensive.

Why This Matters To You:

The review of the standards by the Florida Legislature is good news for those charged with Drug Offenses as it may allow more offenders to enter Drug Court as opposed to prison.

Today, Drug Courts cannot admit an offender if they have a probation violation for anything other than a failed drug test.  The reality is that Drug Crimes offenders often violate probation for a variety of reasons but still need the treatment available through the Drug Court system.

As well, the Florida Sentencing Guidelines utilize a point system to determine applicable criminal sentences.  Drug Courts are currently limited to taking offenders at a cap of 52 points.  Many feel this should increase to at least 60 points.

To date, the Drug Court program was to have diverted some 4000 offenders from prison, but has only accomplished approximately a third of that goal.  With this review by the Florida Legislature the guidelines for admittance to the Drug Court program may be changed providing more offenders with the rehabilitation they need.

Regardless of changes to the requirements for Drug Court, it is very important to retain a Criminal Defense Attorney with experience in the Drug Court system if you seek admittance.  In many cases, even when the offender does not fit the guidelines, an attorney can work with the prosecutor to secure entrance to the program.

What To Do Next:

If you have been arrested for Possession of a Controlled Substance, Possession of Marijuana, Possession of Drug Paraphernalia, or other drug related crime contact a St. Petersburg Drug Crimes 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 Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).