DUI Arrests and Road Safety

The Sarasota County Sheriff's Office was recognized for its efforts in fighting DUI with new equipment.

While the state at large is cutting back on law enforcement spending, arrests for DUI in Sarasota County are up 29%. As part of the recognition for these efforts, the Florida Department of Transportation donated a "DUI Checkpoint in a Bag" to the department. This will permit the department to continually hold DUI checkpoints throughout the holiday season, when more are planned than any other time of the year.

Sarasota County carries out both standard checkpoints and saturation patrols, meaning there are a larger number of deputies on the road specifically looking for signs of DUI driving. According to leaders within the organization, DUI has been a priority over the past year.

Monetary and equipment rewards to departments with high DUI arrest numbers lead to one question: can a department be too focused on DUI enforcement? Questions have been raised in New Mexico regardingwhether officers have an actual DUI quota. Similarly, a notable Chicago case shows that DUI arrest tactics can be skewed in order to drive up numbers and, in turn, profits to the police department and the state.

While DUI driving is a dangerous behavior that police play an important role in combating, many are questioning whether they have gone too far? The majority of arrests are of first-time offenders with low-level BACs. Most of these individuals will receive minimum sentences, but the cost of the DUI will be astronomical. The result is often a roadway that is no safer.

Pointing to this fact, some figures show that while DUI arrests may be up , fatalities remain constant. Some researchers say this trend indicates it is highly dangerous drivers, those repeat offenders with a habit of driving with high BAC, that pose the most significant risk on the roadway. 29% increases in DUI arrests do not necessarily mean these people are being removed from the road.

Being arrested for DUI is serious, and you should always seek legal help when trying to resolve your case. Call 941-365-4000 for a free consultation.

Drug Arrests in Manatee County

Manatee County Sheriff's deputies arrested 27 people last month on prescription drug related charges. Deputies conducted a round up with 79 warrants on 47 suspects.

The suspects face charges ranging from the sale of a controlled substance, to trafficking in prescription narcotics. Others were arrested for attempting to obtain a controlled substance by fraud.

Deputies are continuing their investigation into the sale of Hydromorphine, Oxycodone, Xanax and other drugs obtained without a prescription. More arrests are expected.

Being arrested on such charges is serious and defendants could be facing minimum mandatory prison sentence. With such serious consequences, it's very important to speak with an attorney about any possible defenses or negotiate a sentence to reduce any possible jail sentence. There are many ways to defend such charges. The warrants must be examined, and the search must be investigated to determine if law enforcement exceeded their authority under the warrant. Also, any confessions must be looked at in an effort to see if any constitutional challenges could be made to suppress the statements. As always, speak to a lawyer before speaking with any law enforcement.

DUI Roadblocks and Checkpoints

DUI roadblocks and checkpoints in Sarasota and Manatee counties are not exclusively for DUI. Many stops at DUI checkpoints reveal other crimes, not just DUI. For instance, law enforcement officers will request your driver's license, and if its suspended or restricted, you could be charged with driving on a suspended license or driving in violation of license restrictions. Even your vehicle smells like marijuana, law enforcement can search your car. If they find prescription narcotics which you do not have a prescription for, marijuana, cocaine, heroin or any other illegal drug, you could be charged with a misdemeanor or felony depending on what is found.

Make sure you check your newspaper for notice of any DUI checkpoint or roadblock. Always carry your license and make sure you have paid all your tickets and your license is not suspended. Get a taxi if you decide to drink, or you may be arrested for DUI. If so, remember your license will be immediately suspended and only have 10 days to request a hearing to challenge the license suspension. Get a lawyer.

Drug Offenses

Many drug crimes are charged after police stop a vehicle for a traffic violation or suspicion of DUI. After the stop, if law enforcement detects the odor of marijuana or sees a controlled substance in plain view in the vehicle, it allows them to search the vehicle. Upon searching, they find prescription narcotics, cocaine or any other drug. On the other hand, a law enforcement office may request consent to search a vehicle. If consent is given, they can search the car and if drugs are found, an arrest may be made if probable cause exist that the drugs were in the possession of someone in the vehicle. or the drugs are found on a person. As always, it is important in every case to request to speak to a lawyer before answering any questions by law enforcement regarding any drugs, including cocaine, prescription narcotics, or marijuana.

Drunk Driving in Sarasota and Manatee

DUI arrests appear to be up in Sarasota and Bradenton. New law enforcement officers have been assigned to patrol for DUI suspects. Remember, if you are stopped for any reason and law enforcement requests you to do field sobriety exercises, ask for a lawyer. Be polite and request a lawyer be present. Although law enforcement may tell you there is no right to have a lawyer present at field sobriety exercises, you can refuse to perform. You can also refuse to perform a breath test. However, if you do, if it is your first refusal, you may loose your license for a year as opposed to 6 months for a blow over .08.

Many defenses are available in every DUI case, and it may be possible to reduce the charge to a reckless driving. Always ask for a lawyer, and after any arrest, for DUI, drug charges, suspended license or any other crime, it is important to contact a lawyer.

Drug Crimes

With the addiction to prescription narcotics increasing every day, the crime rate for possession of such illegal drugs have also increased. Even a small amount of prescription narcotics held by someone who does not have a prescription could land someone in prison for several years. Many people are now using prescription narcotics while driving and being charged with driving while under the influence of a controlled substance (DUI). In any event, anyone confronted by law enforcement either in possession of narcotics or driving while under the influence of such drugs should always request a lawyer before responding to any questions from law enforcement.

DUI in Sarasota and Bradenton

DUI in Sarasota and Bradenton is a crime that affects all walks of life. Many people have a few drinks with dinner and don't realize they may be DUI when they decide to drive home. Committing the smallest traffic infraction could cause a police officer to stop you and result in an investigation for DUI. Generally, when requested to do field sobriety exercises, the law enforcement officer will be gathering evidence to use against you in court. Although you should always be polite and respectful to law enforcement, you should never feel compelled to perform field sobriety exercises. You have a right to refuse to perform any exercises even though that refusal could be brought up in court where the prosecutor will likely argue consciousness of guilt. That is, why not perform if your not impaired. Furthermore, you are not required to provide a breath sample if its your first time being charged with DUI, or you have never refused a breath test before. If you have refused a breath test before after a previous arrest for DUI, you may be charged with another crime, refusal to provide a breath test after a prior refusal. Important to realize that whether you blow or not, an attorney can challenge the DMV suspension as a result of a blow over .08 or a refusal. As always, it's very important to seek a lawyer to know your rights.

Violation of Probation on Drug Charges

After getting my client probation on a trafficking in oxycodone and other prescription drug case, with a mandatory minimum sentence of 15 years, she violated her probation by committing a new law violation. We are now faced with keeping her out of prison again.

Burglary and grand Theft

I have a client with a burglary charge and a grand theft charge. Because the house that my client was alleged to break into and steal the appliances was a home he rented, but was no longer living there, we were able to get the case dismissed as the prosecution could not prove my client was the one who stole the missing appliances. A burglary to a dwelling charge scores mandatory prison time. We were able to have the case completely dismissed after depositions were taken.

DUI Reduced to Reckless

On a second DUI charge in Sarasota County court, my firm was able to have the State of Florida reduce the charge to a reckless driving and avoid any driver's license suspension. On a second offense, my client was facing a 5 year driver's license suspension. After winning the DMV hearing, he will suffer no license suspension. My client refused the DUI field sobriety exercises, and refused to take the breathtest. Although there was some bad driving, the smell of alcohol on his breath, his admission to drinking, we were able to get the case reduced to the lesser offense of reckless driving.

Drunk Driving

Drunk driving, or DUI, has become an increasing problem in Sarasota and Florida. Many times people are stopped for weaving, speeding or not wearing a seat belt, and if they have an odor of alcohol, they will likely be investigated for DUI. Police will request you to perform field sobriety exercises and submit to a breath test. If you are arrested for DUI and blow over .08, you will loose your driver's license for 6 months. If you are arrested for DUI and refuse to blow, your license will be suspended for a year.

Prescription Narcotics

Sarasota and Manatee police have been focusing a lot on prescription drug crimes. The use of prescription drugs has increased in both Sarasota and Manatee counties. Those arrested with even a small amount of oxycodone or other prescription drugs could be facing mandatory jail sentences if they do not have a prescription. Fraudulent prescriptions have also been increasing, as well as arrests for such use. If you do not have a prescription for a drug such as xanax or oxycodone, it is important to know that you are committing a felony just by possessing such prescription drugs in Florida. If you are facing such a criminal charge, it is important to know your rights and contact a criminal defense lawyer immediately.

Arrest down in Sarasota

Some feel the recent reduction in arrest in Sarasota are the result of better police work in reducing the amount of crime in Sarasota. However, others feel that it is a result of less police work. It has been expressed that the police are more reluctant to make arrests now after the negative publicity last year involving a police officer arresting an hispanic man for disorderly conduct and then kicking him to the ground after he climbed out of the window of the police patrol vehicle which was captured on video. Compounding the problem, it came out that the police then tried to quickly settle any lawsuit with the suspect by offering him a small amount of money. Things like this certainly will have an effect on police morale. However, it is not evident that any crimes, such as DUI, domestic battery, robbery, larceny, murder, drug crimes involving marijuana or prescription narcotics like oxycodone, are actually occurring less. Any view as to why arrests are down in Sarasota would be greatly appreciated. Or if someone has information that arrests in Sarasota are up, those views would be appreciated as well.

Drug Arrests

Many people seem to be driving with marijuana, cocaine, or other prescription drugs in their cars. With the new seat belt law, police are stopping cars when they see the driver does not have a seat belt fastened. Once stopped, if the law enforcement officer suspects drugs may be in the car, he or she will ask to search your vehicle. You will be pressured, and many people feel they have no other choice but to agree. Once the vehicle is searched and any illegal drugs are found, the person is arrested. Many times the officer will say they smell marijuana in the vehicle, thereby gaining authority to search your vehicle. If the law enforcement officer finds marijuana, the search will likely be held valid and a charge of possession of marijuana will now have to be dealt with.

Also, any felony amount of drugs found in a vehicle, subject the vehicle to government seizures.

Any person convicted of a drug charge will automatically have his license suspended, in addition to any other condition of probation. Crime is only getting harder to deal with, and hiring a criminal defense lawyer is much more important nowadays.

DUI Suspensions

If you are arrested for DUI, your driver's license will be suspended immediately. You will have 10 days from the date of arrest to request a hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). After requesting the hearing, you will receive a permit to drive for business purposes only. The permit typically will last between 30 and 45 days, or until the hearing has been held and the DHSMV has ruled on the license suspension. It is imperative to seek a lawyer within those 10 days, or you will loose your opportunity to challenge your suspension.

Dui Arrests

The police are using roving patrols and are not using DUI checkpoints as they used to. Many stops are being made for weaving and any violation of traffic laws.

Facing Drug Charges in Southwest Florida

Many people who are caught with drugs do not know what to expect from our criminal system. Although the penalties you may be facing typically depend on the amount of drugs you were caught with, it is important to work with an experienced lawyer who knows the legal process and the courts you are dealing with.

At the law office of Michael S. Perry, P.A., we have over 15 years of experience working in the criminal law system. We defend clients throughout Sarasota, Bradenton and southwest Florida in felony and misdemeanor drug crime cases.

Schedule your free initial consultation by contacting us online or by calling 941-328-8107.