Fort Lauderdale Criminal Attorney Blog

February 19, 2013

Domestic Violence Arrests in Broward Spike on Valentine’s Day

By The Law Offices of Richard Ansara, P.A.

Valentine’s Day is supposed to be one of romance – sweet cards, roses and candlelight.

But our Fort Lauderdale criminal defense lawyers know that too often, the night ends horribly – with someone in the back of a squad car on their way to being booked for a domestic violence charge.

The Sun Sentinel reports that this past Valentine’s Day, there were two dozen people in both Broward and Palm Beach County Jails, booked on charges of assaulting or battering a loved one. We can’t say for certain whether those cases absolutely involved spouses (domestic violence can be charged against any intimate, including children and roommates). However, we do know that domestic violence counselors at the Broward County Women in Distress handled nearly 40 calls that day – both women and men.

The counselors say there is a lot of pressure on couples when it comes to holidays like Valentine’s Day to have a “perfect” day or evening. (The same could be said of holidays like Thanksgiving and New Year’s Eve.) When it doesn’t happen that way, tempers can flare. Factor in the red wine or other alcohol, and things can quickly get ugly.

The unfortunate thing is that by the time police are called, someone is most likely going to jail – even if both parties agree that initial accounts were exaggerated. Police don’t want to risk being called out later that night for a more serious crime, and will more often than not choose to separate the two by arresting one – even above the protestations of the other.

In addition to actual assaults, we also see a lot of violation of domestic violence injunction arrests surrounding this day. In the spirit of the holiday, people are trying to patch the fences and reconcile. Violations aren’t always another incident of assault. Often, they are handed out simply by the defendant coming within 500 feet of the petitioner’s home, school, work or other specified location, per Florida Statute 741.31.

But it’s important to understand that an arrest for violation of injunction for a protection order can happen even when both parties consent to the meeting. Anyone – not just the petitioner – can report that violation.

This most recent Feb. 14, one of the more serious local cases involved allegations of text-message infidelity between a pregnant fiancee and the best friend of her betrothed. The two men went to confront the female in her apartment, but the men ended up brawling in the bedroom while the woman hid under the sheets. Her fiance then refused to allow her to leave. She reportedly called police, who upon arrival said the fiance was aggressive and ended up using a Taser on him.

The following day in court, the woman denied she had been unfaithful and didn’t want to cooperate in her fiance’s prosecution. In these cases, however, the requests of the alleged victim are not always honored.

A domestic violence conviction can haunt you for years to come. It’s important that no matter your situation, you contact an experienced criminal defense lawyer to assist you in fighting the charge.
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February 12, 2013

Fort Lauderdale Police Using “Water” to Fight Crime

By The Law Offices of Richard Ansara, P.A.

It truly sounds like a creative episode of CSI: law enforcement officials using “water bullets” to catch those suspected of crimes.

However, our Fort Lauderdale criminal defense lawyers have learned this is more than a good television show plot. As it turns out, the Fort Lauderdale Police Department has initiated a water marking pilot program that is being closely monitored by law enforcement agencies across the country.

It’s not actually “water,” and it’s not just police who are being encouraged to use it. It’s a liquid substance called SmartWater CSI, and it leaves a semi-permanent mark on either a person or property that is visible only with the use of a special ultraviolet light. The idea is to arm store clerks, homeowners and property owners in general with these “guns.” The anticipation is that valuable property can be marked with the liquid solution for later proof of identification or that suspects may be squirted with the substance as later proof that they were the individual involved.

Primarily, city police have said, their goal will be to use it in efforts to combat property crimes. Patrol units will actually be carrying ultraviolet light detectors, while residents in certain neighborhoods will be given the liquid solution kits.

Administrators for the company that sells the product have already placed numerous signs in the area, warning that the technology is being used.

The liquid, comprised of certain earth minerals, reportedly contains microdots that hold identification numbers that a technician would be able to see under a special microscope. The markings last on a person or property for up to five years and may be next to impossible to remove during that time, company leaders say.

Yearly subscriptions are reportedly being sold for $200. For this, buyers would receive the liquid, registration information and warning signs. There are even special solutions available solely for boats and vehicles.

Businesses could also access sprinkler systems that would mark anyone who entered, giving police an option to identify an individual potentially weeks or even months after an incident.

Of course, our criminal defense lawyers would point out that if DNA technology has taught us anything, no technology is infallible. Theoretically speaking, an individual may be able to obtain another person’s spray solution and frame an innocent individual.

There are also Fourth Amendment considerations that haven’t been answered. For example, the U.S. Supreme Court is right now weighing whether police officers must first get a warrant before obtaining a blood sample from a suspected drunk driver. So what should be the protocol for putting a suspect under a UV light?

We know that officials in England have been using this technology for roughly 15 years now, and there has reportedly been a successful prosecution rate as a result. But local officials concede such technology has not yet been tested in the U.S. legal system – meaning it may be rife for challenges.

That position has some officials back-tracking to say it’s more of a deterrent than an actual crime-fighter. For example, the demand for stolen property may be decreased markedly if scrap yards and pawn shops are wary of buying SmartWater-marked items. (Though we would argue too that this could cut down on the ability of legitimate owners to hawk these items.)

Regardless, there are sure to be some test cases arising. If you are among those individuals arrested following the use of SmartWater technology, call us today.
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February 1, 2013

South Florida Synthetic Drug Sales Continue, Despite Crackdown

By The Law Offices of Richard Ansara, P.A.

The sales of synthetic marijuana and cocaine products continue to proliferate in South Florida, despite bans at the local, state and federal levels.

That’s according to a recent report by The Sun Sentinel. Our Broward County criminal defense lawyers are well aware of the continuing trend, and remain one step ahead of prosecutors when it comes to defending these cases.

Our greatest advantage at this point is the specificity with which the laws were written. Each of the measures contain language banning certain chemical compounds and anything that is considered “analogue” to those substances. For a substance to be considered “analogue,” it must contain the same active-ingredient chemical make-up.

This might seem fairly straightforward. However, the ingredients of these products are ever-changing. So the successful defense of these cases is going to depend highly on proving that the chemical compounds that comprise the drug in question vary significantly enough from the formally-banned compounds named in the laws.

If you are arrested, this defense could be critical, considering that violation of the state law can result in a third-degree felony charge, punishable by up to five years in prison and those charged federally will face up to 40 years in prison.

A recent local example of this argument involves the compound UR-144. Federal prosecutors taking aim at a former Daytona Beach manufacturer are calling it an analogue substance, akin to the substances that are already illegal. However, the Controlled Substances Act doesn’t specifically name UR-144.

The chemical was found in packets of herbal incense called Dead Man Walking. But when the drug was tested by an independent lab in Miami, scientists questioned whether it was actually similar enough to formally outlawed substances be grouped in the same category. The case has yet to go to trial, though it is being closely watched by others in the industry.

The UR-144 compound is now illegal under Florida law, per an emergency order signed in December by the attorney general. However, that measure isn’t applicable to the pending case, as it passed after the defendant’s arrest.

Of course, those in the industry need to recognize the risk they may be taking. Part of the problem is that the laws are being interpreted by the federal government. As we’ve seen with the federal crackdowns on medical marijuana even in states where it is legal, this is dangerous, as the government’s interpretation is not always consistent with the science provided (or with common sense, for that matter).

Manufacturers and sellers should not be prosecuted simply because people choose to blatantly ignore the instructions of use. If that were the case, we would see manufacturers making everything from cold medicine to glue being prosecuted.
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January 30, 2013

South Florida Drug Arrests Made By Feds Targeting “Pill Mill”

By The Law Offices of Richard Ansara, P.A.

Federal authorities reportedly arrested 17 people in South Florida – and are seeking dozens more – in connection with a pill mill operation that reportedly engaged in the trafficking of some 45,000 prescription Oxycodone pills.

Our Fort Lauderdale criminal defense lawyers understand that officials with the U.S. Drug Enforcement Administration honed in on an operation in Dania Beach more than a year ago after a pharmacist called the state’s pill mill tip line to report a suspicious amount of pain medication being dispensed.

Prescription drug trafficking and fraud are on the top of law enforcement’s priority list in Florida and in South Florida in particular, an area that has become notorious for easy access to habit-forming pills.

A number of legislative measures, including the introduction of the pill mill tip line, have been introduced in recent years to combat the problem. There was also the establishment of the “pill mill database,” which aims to curb doctor-shopping and prescription fraud by requiring physicians to submit the names of those given certain types of pain medications.

However, addiction is powerful, so demand remains high and law enforcement officials remain on alert. These types of sweeps are not uncommon.

According to the Sun-Sentinel, after that initial tip came in, investigators uncovered a network of at least 45 individuals who were allegedly using stolen prescription pads to obtain tens of thousands of pain pills to sell on the street.

To give you an idea of the profit margin here, a single Oxycodone pill can command $30 on the street, which means a full bottle of 180 pills could generate a $3,000 profit for the person selling.

In addition to arresting those involved in the street sales, agents also arrested four of those who worked at the Palm Beach County pain management facility, which dissolved last year after failure to file annual state reports.

While conducting the sweep in the early morning hours, detectives also reportedly found $7,000 in cash at one location, along with two kilograms of cocaine and an AK-47 assault rifle.

Although such actions can result in federal drug trafficking charges, those arrested in the course of this investigation will be prosecuted at the state level.

But make no mistake: state charges aren’t any less serious. Florida Statute 893.135 holds that any person who intentionally and illegally sells, buys, manufactures, delivers into the state or is in possession of more than 30 grams of controlled prescription drugs, such as Oxycodone, Hydrocodone, opium or morphine is guilty of drug trafficking, which is a first-degree felony, punishable by between 15 to 25 years in prison. If a person subsequently overdoses and dies as a result of that act, it’s considered a capital felony.

In this case, officials say they consider this “a good start,” and intend to continue searching for the remaining suspects. Unfortunately, those arrested on charges connected to prescription drug abuse may fail to take the charges seriously. Often, these defendants have little experience with the criminal justice system. Failure to consult with an experienced criminal defense attorney in Broward can have significant consequences.

If you’re arrested for illegal possession or trafficking of prescription drugs, don’t take any chances with your future. Immediately contact an experienced criminal defense firm. You have a number of effective defense strategies to consider.
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January 20, 2013

Broward Criminal Defense: Avoid “Consensual Encounters” With Police

By The Law Offices of Richard Ansara, P.A.

Late last year in the Florida Panhandle city of Escambia, a man was sentenced to five years in prison for third-degree felony cocaine possession as a habitual offender.

Our Fort Lauderdale criminal defense lawyers know on the surface, this case is fairly common and not likely to garner much attention – but for the fact of how his arrest was initiated.

It started with something called a “consensual encounter.” These are situations when police are allowed to approach you, without probable cause, and engage you in a voluntary conversation about anything. The problem is most people don’t realize the difference between a “consensual encounter” and a stop made with reasonable suspicion. But the fact is, there is a major difference in terms of your rights.

The Florida Supreme Court has classified police encounters in three distinct categories: consensual, investigatory and arrest. With a consensual encounter, it can be initiated by either party for any reason and can be terminated by any party for any reason without any consequence. However, you are not free to go if the encounter is investigatory or you are under arrest. But here’s the key: investigatory encounters and arrests can’t be initiated by police officers absent a well-founded and articulable suspicion of criminal activity. Countless criminal cases have been tossed because the officer did not have that reasonable suspicion prior to conducting a search or interrogation.

But if an officer argues it was simply a consensual encounter, as opposed to an investigatory encounter, he or she doesn’t have to prove any reasonable suspicion. And that’s what happened in this case in northern Florida.

The officer stopped the defendant, who was riding his bicycle along the roadside. The officer conceded he had no reason to stop the man, other than that he hadn’t met him before and wanted to make his acquaintance. When the man stopped, he appeared nervous and started to fidget. He had a pocket knife on him. The officer then conducted a search, where he found the cocaine in the man’s shirt pocket. He was subsequently arrested, convicted and sentenced to five years in prison.

Upon appeal, the defendant’s lawyers argued that conviction should be tossed, as the stop wasn’t valid in the first place. However, the appellate court upheld the conviction on the basis that the encounter the officer initiated was a consensual one.

The problem is that even if a police officer is extremely polite, many people don’t feel they have any choice but to stop and speak with him or her. Officers have guns. They have handcuffs. They have cruisers that you can’t open from the inside and they can call back-up at any moment. It can be incredibly intimidated and lead people to believe they don’t have a choice but to talk. And an officer will probably not tell you outright that the encounter is “consensual.”

So how can you avoid getting caught up in such an encounter and potentially incriminating yourself?

The key is to be as clear and explicit as possible. You have to be assertive with regard to your rights. If a police officer stops you for a conversation, you need to politely but firmly make it clear that you have no interest in talking – about anything. In many cases where the encounter is consensual, the officer will simply move on. If, however, he or she proceeds to detain you, the case will eventually end up in court and your defense attorney will have strong grounds on which to challenge the arrest. If the officer had no reason to stop you and you have made it clear that you don’t wish to speak to him, the evidence obtained during that stop legally can’t be used against you.
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January 3, 2013

Broward DUI Watch: Florida Breathalyzer Machines Challenged Again

By The Law Offices of Richard Ansara, P.A.

Florida breathalyzer machines are coming under fire yet again.

However, as Fort Lauderdale DUI defense lawyers understand, this one has more to do with the state’s responsibility to test the devices, as opposed to the inherent accuracy or inaccuracy of the devices themselves. (Both are major legal issues).

If successful, this challenge could lay the ground work for thousands of DUI cases across the state to be scrapped entirely.

To understand the challenge, we first have to explain the device. In the state of Florida, there is only one device that is approved by state officials for use by local law enforcement agencies for DUI breath testing. This is the Intoxilyzer 8000. State and local authorities insist on its reliability, even though it has proven in countless individual cases to have spit out inaccurate results – not just in Florida, but across the country.

Still, it continues to be used.

But as with any machine, it has the potential to fail. In order to bolster their cases with claims of accuracy, state officials require that the devices be regularly tested and calibrated, to ensure each Intoxilyzer device is in proper working order.

This is where one Florida attorney, representing some 185 DUI defendants, is making his point. In a petition filed late last month with an administrative court in Tallahassee, the Florida Department of Law Enforcement is accused of skirting its own rules for testing the device. In particular, it’s alleged one of the key sensors was not appropriately tested by the agency. Further, it’s alleged that the FDLE never sought re-approval of the device after the Kentucky-based manufacturer made a number of significant changes to the product design.

Back in 2002, federal regulators approved about 16 changes to the devices. One of those included drilling a hole into one of the primary valves that is responsible for sensory detection of alcohol. This challenge doesn’t touch on whether the subsequent results are true or not. Instead, the issue is that after those changes were approved by the federal government, state regulators failed to re-approve it for their own purposes – despite rules saying that such steps must be taken.

This could be damning for the FDLE, and subsequently a host of local prosecutors, because if the state can’t show that it did in fact conduct proper testing, it will have to admit that it bypassed its own rules and procedures or that those rules and procedures are somehow unimportant. Either way, it doesn’t look good for them, and such a revelation may prompt judges across the state to toss breathalyzer results in pending DUI cases.

For a lot of defendants, breathalyzers represent an important piece of evidence against them. While prosecutors could still theoretically press forward based on more subjective evidence (i.e., officer observations or field sobriety tests), the case would be substantially weakened, sometimes fatally so.

The FDLE reported that in 2011, police throughout the state tested some 41,000 people with the Intoxilyzer 8000 device. This includes both motorists and those operating marine vessels.

Police agencies say that officers at individual departments run their own calibration on the devices both before and after each use. Additionally, they say, the FDLE conducts an annual inspection of the devices.

Still, if the court finds the state didn’t follow proper protocol with regard to testing, it would open a window of opportunity for DUI defense lawyers across the state.
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January 1, 2013

Spouse Filed Florida Protection Order? Seek Lawyer Immediately.

By The Law Offices of Richard Ansara, P.A.

If your spouse has obtained a restraining order against you, it’s critical that you contact an experienced Fort Lauderdale domestic violence defense lawyer as soon as possible – even if you haven’t yet been arrested.

The holidays can be a stressful time. Sometimes, a domestic incident –or accusations of one — can result in legal trouble. Allegations made in these requests may be completely unsubstantiated. But failure to contest them can result in a forfeiture of your rights. Additionally, these orders may result in interference with child custody or visitation, your ability to possess weapons and could block you from attending certain important functions or events.

A prominent pastor out of Orlando is currently battling such allegations made in a petition that was granted by his wife and mother of his three children recently, following the revelation that he had recently had an affair with a church administrator – the day before the couple’s 13th wedding anniversary.

According to the Orlando Sentinel, the pastor, whose father heads a mega-church and is a spiritual adviser to President Barack Obama, resigned from his church late last months after the affair was revealed. Less than a week later, his wife came forward alleging extreme violence, erratic behavior and alcohol abuse.

His wife now alleges that after several happy years together, the abuse began early last year.

She included photographs of bruises on her arms that she contends were inflicted during an argument with he husband the day before Valentine’s Day last year. She alleged that her husband kicked her and then pinned her down on the bed by her arms while screaming and cursing at her.

A month later, she says, the couple was staying at a friend’s home and her husband began drinking heavily. At one point, he reportedly lamented that he had no way out of the marriage, a statement that prompted her to sleep in a locked bedroom with her cellphone nearby in case she needed to call for help.

Then last summer, she said, she called an associate pastor to their home after her husband allegedly threatened and insulted her after he had been drinking heavily.

Then recently, she said she returned home from a day trip she had taken with her daughters to find her husband passed out from intoxication and their 5-year-old son unattended. The pair argued, and her husband reportedly left the home with two weapons in his possession. When family members came to the home that night, they reportedly discovered syringes, “vials of liquids” and pills throughout his possessions.

She also alleged he typically drinks two bottles of whiskey every night. She referenced a suicide note she discovered last spring that gave instructions on what to do if he died, expressing grief that he had become a burden on those he loves.

Based on this, the judge granted her a temporary restraining order and scheduled a follow-up hearing to determine whether it should be made permanent.

A day after those allegations were made public, the pastor and his attorney responded, saying that none of it was true and he had never physically harmed her or the children and had never threatened to do so either.

Given the timing of the affair discovery, the immediate filing of a domestic violence restraining order in this case seems suspect.

Sometimes, these orders are filed just after an arrest. Sometimes, they can end up leading to an arrest. Whatever your situation, contact an attorney as soon as possible.
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December 27, 2012

Florida New Year’s DUI Can be Challenged

By The Law Offices of Richard Ansara, P.A.

There are probably no sweeter words to a defendant facing DUI charges than, “Case Dismissed.”

But unless you have hired a skilled Fort Lauderdale criminal defense lawyer, you’re unlikely to hear those words. This is not a reality you want to face entering a New Year. It should be a clean slate, and that’s exactly what we strive to offer our clients.

New Year’s Eve has the unfortunate title of being the worst day in the year for DUI arrests and fatalities. The Insurance Institute for Highway Safety reports that half the fatal crashes that occur on New Year’s Eve and New Year’s Day involve alcohol. It’s the single deadliest day on our roads.

Florida Attorney General has announced that December is Drunk and Drugged Driving (3D) Prevention Month, following a resolution signed by Gov. Rick Scott, Agriculture Commissioner Adam Putnam and Chief Financial Officer Jeff Atwater. This means officers are out in full force – in aggressive roving patrols and sobriety checkpoints – to nab as many suspected drunk drivers as possible.

Definitions and penalties for driving under the influence are spelled out in FL Statute 316.193. Essentially, anyone caught driving with a blood alcohol content of 0.08 percent or more can be arrested.

This seems fairly straightforward, but there are a number of ways attorneys can challenge the charge. The first of which is the circumstances under which you were stopped. If it was during a routine stop, we will research to find out what probable cause the officer had to stop you. If the stop was during a sobriety checkpoint, we analyze each step of the process to ensure that the meticulous legal steps were followed to the letter. These include making sure cars are pulled over at random, making sure there is enough probable cause for the officers to further question you and checking to see if a supervisor was present at all times.

The next thing we will look at is the method used to obtain the 0.08 percent reading. In some cases, this will be a breathalyzer test. Problems with these machines have been well-documented. So one of the first things we’ll look at is whether the machine was properly calibrated. We will also look to see whether there may have been improper handling of the device by the officers. Additionally, there are a number of dietary factors and medical conditions that can have an impact on the test.

The other way law enforcement will determine your blood alcohol content is through a blood test. These might seem full-proof. However, these results can be challenged as well, based on the way they were collected, stored and analyzed. The protocol for conducting these tests is very specific; one misstep, and the results could be suppressed.

Then of course there are other procedural elements, such as seeing whether the officer read you your Miranda rights, that their reports are 100 percent accurate and that their courtroom testimony is truthful. Training of the officer conducting field sobriety examinations is another important element. These may seem simple enough, but when officers are quickly moving from stop to stop, it can be fairly easy to slip up somewhere.

Of course, we ultimately want you to have a safe and happy New Year’s Eve celebration. If you can avoid getting behind the wheel while intoxicated, that is best. However, if you are arrested, don’t allow it to cast a cloud over the new year. Call us today to see how we can help.
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December 20, 2012

Florida Supreme Court to Hear DUI Breath Machine Appeal Next Year

By The Law Offices of Richard Ansara, P.A.

The Florida Supreme Court has delayed a hearing until early next year on the issue of whether the maker of the only state-approved breathalyzer machine must turn over evidence showing how it works.

Fort Lauderdale DUI attorneys know this ruling could impact the future of a huge number of DUI cases – both past and pending.

The Intoxilyzer 8000 is a machine that is used by law enforcement to test the blood alcohol content level of a suspected drunk driver. It purports to measure this amount through breath samples.

But problems with calibration method of the Intoxilyzer 8000 have been known for years. However, lower courts have typically ruled that defense attorneys could not compel the out-of-state manufacturer, CMI Inc., to hand over the software showing exactly how it comes up with the figures it does.

If defense analysts had access to this software, they would no doubt find inherent problems with its process, leading to a potential suppression of all blood alcohol content measurements in DUI cases where the machine was used. That is a huge number of cases.

Just consider some of the problems that have already cropped up with the machine: In 2010, an estimated 40 percent of the Intoxilyzer 8000 results tested by the state were discovered to be incorrectly measuring breath volumes. The machines were recording volumes of breath in the range of 10 to 15 liters. Problem is, the maximum human lung capacity is five liters.

One analyst who examined the machine in the course of a DUI case in Venice found that in addition to recording breath volumes that are impossibly high, the machine also was recording unrealistically high blood-alcohol numbers – to the point where scores of defendants were blowing BACs that surpassed three times the legal limit of 0.08 percent.

The one being considered by the state supreme court is Meinken v. State of Florida et al. It’s a case out of Daytona Beach, and three other similar cases out of the same area with the same issue are being lumped in to the hearing that will take place before the high court. The hearing was originally scheduled for this month, but has now been pushed back to February.

All of these cases challenge the accuracy of the test. But specifically, they say that a ruling by the 5th District Court of Appeals barring the defense from obtaining the machine software is incorrect because it conflicts with earlier rulings compelling other out-of-state companies to comply with such requests. A trial judge had previously granted the defense request, only to have the appellate court quash that order.

A ruling in favor of the defense in this case could mean even more DUI arrests will be successfully challenged on the basis of inaccurate BAC readings. Already, the 12th Circuit state attorney’s office, which covers the Sarasota area, decided not to use the results from the Intoxilyzer in about 100 cases last year.

The Florida Department of Law Enforcement had even admitted back in 2010 that some of the machines had problems, but said those have been pulled from use, fixed and are now back in circulation and being used with reliable accuracy.

We wouldn’t count on it. And neither should you. This is just one more reason why simply pleading guilty should not be an option.
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December 10, 2012

Broward DUI Lawyers Take a Closer Look at Checkpoints

By The Law Offices of Richard Ansara, P.A.

December is one of the busiest months for law enforcement officials, with many agencies gearing up to host a large number of DUI checkpoints.

The Florida Highway Patrol recently announced that with the holidays, officers would be conducting a series of checkpoints, as well as saturated patrols, known as “wolf packs.”

Fort Lauderdale DUI attorneys know that despite all the work that goes into preparing a checkpoint, arrests made during the course of these operations can often be easier to fight. That’s because the rules about what constitutes an appropriate checkpoint are so strict.

Too often, many people assume they have no choice after a checkpoint arrest but to simply plead guilty and accept whatever deal the government decides to dole out. This is incorrect, and failing to fight the charges with the help of an experienced attorney can end up costing you a great amount of time, money and headaches in the long-run.

First, we have to tell you that in Florida, checkpoints are in fact legal. This is the case in the majority of states, though there are 12 that do not conduct them.

Florida, unfortunately, is one of the states known for conducting them the most frequently. While other states may have checkpoints weekly or every other week, Florida has anywhere from 15 to 20 every single month. Many of those take place in South Florida.

December is a prime month for these operations because of the increase in travelers and the abundance of holiday parties and celebrations.The day before Thanksgiving (sometimes referred to as “Black Wednesday) has become synonymous with wild parties, and from then through New Year’s Eve, police agencies are on the prowl for suspected drunk drivers.

But even if you were drinking before you got behind the wheel, there are ways that your attorney can call into question the validity of the checkpoint, and therefore the evidence obtained. This often results in a dismissal of the case or a favorable plea deal that involves a reduction in charges.

For example, in Guy v. State, decided by the Florida District Court of Appeals in 2008, the defendant was stopped in a DUI checkpoint. His license was suspended and he was already on probation for a Felony DUI. He wasn’t drinking in the latest stop, but given his past history, he was facing jail time. However, the Court of Appeals panel sided with the defendant in finding that the written DUI checkpoint guidelines as they existed gave officers too much discretion in determining which vehicles would be stopped. Essentially, this amounted to an illegal arrest under the Fourth Amendment.

This is just one example of how DUI cases can crumble under more intense scrutiny.

Just recently in Pasco County, a number of DUI arrests were dismissed after it was proven that the officers, after saying ahead of time that they planned to stop every third vehicle, in fact broke that rule and were pulling over four cars at a time.

Other rules that govern how sobriety checkpoints in Florida must be carried out include:

1. They have to be part of an ongoing program to deter drunk driving.
2. Drivers have to be sufficiently warned that they are about to enter a checkpoint.
3. The selection of where a checkpoint will be held can’t be random – there has be a specific objective in the interest of public safety.
4. Any change in the original planning of the checkpoint has to be well-documented.
5. Detection and investigation techniques have to be standardized and well-planned.