Florida Driver’s License Suspension Hearings. First of all, here is the Bureau of Administrative Reviews located in Clearwater, Florida. Most noteworthy, the office handles license suspension hearings for Pinellas, Pasco, and Hernando Counties. Florida suspends licenses for a number of reasons. Furthermore, drivers regain driving privileges here after being charged with a DUI in Clearwater. Also, drivers can also obtain a Business Purposes Only license here. Finally, is your License Suspended? Call Casey at (813) 222-2220.
Mandatory Field Sobriety Testing Imposed in Clearwater, Florida
Before 2014, the attending officer had discretion in giving the roadside field sobriety tests (FST). Furthermore, these FST are usually “failed.” Early on January 23, 2014, two Clearwater DUI cops found the DUI driver was a fellow officer. They decided to give him a ride home with no FST. The public found out on April 29, 2014, when the Tampa Bay Times reported it. As a result, Clearwater police Chief Tony Holloway created a policy so this won’t happen again. Now almost everyone, not just suspects with a hint of alcohol on their breath can expect a run-around that almost always ends in DUI in Clearwater.
It seems like a minor punishment that these cops received 1-5 days of work suspension. But this is a major punishment for citizens. Now, most will “fail” these roadside “tests.” Later, they pass a breath test or are not guilty. Finally, here are some of the names mentioned: Seargent Sean Allaster, Officer Nicholas Capogna, and Seargent David Young. Thank you all for your service.
Clearwater Police FST Policy
The Clearwater Police Department requires EVERY officer to conduct roadside field sobriety tests EVERY time they suspect an intoxicated driver. If you need a lawyer’s help, call (813} 222-2220.
Lawyer Reports on Clearwater Police Department DUI Unit
Clearwater DUI Attorney reports that the Clearwater Police Department DUI Team is using “slick top”, video-equipped, mostly Ford Crown Victoria, marked police cruisers. Since the cars have no visible overhead emergency lights, they are harder to spot as cop cars. Also, the police primarily patrol high volume roads throughout the city for aggressive and impaired drivers. Due to the high number of DUI in Clearwater charged, all five (5) of the officers on the team have been recognized by Mothers Against Drunk Driving for their aggressive enforcement of drunk driving laws. W.F. ”Casey Ebsary, Jr., a Board Certified Criminal Trial Lawyer from Tampa is available at 877-793-9290 to assist in defending against aggressive enforcement of traffic laws.
Clearwater Sobriety Checkpoint
Police held a DUI Checkpoint on Fri Dec 22, 2017 in Clearwater, FL in the area of Ulmerton Rd & Starkey Rd
We Have Previously Reported:
Pinellas DUI Attorney notes a Clearwater Sobriety Checkpoint Friday, October 19, 10 pm to Saturday, October 20, 3 am, at the National Aviation Academy, 6225 Ulmerton Road in Clearwater. Also, this is the first time we have seen this location used to look for DUI in Clearwater.
Pinellas DUI Checkpoint 3655 Tampa Road Oldsmar, Florida | Sep 28, 2012
Largo DUI Checkpoint | Jul 29, 2012
Pinellas Deputies and Largo Police To Conduct a Sobriety Checkpoint In Pinellas County in Largo. Deputies will conduct a DUI checkpoint tonight. Also, the Pinellas County Sheriff’s Office has zero-tolerance for driving intoxicated from drinking or drugs.
Pinellas DUI Checkpoint | Feb 19, 2012
Since there is a DUI checkpoint there will be many people charged with DUI. Also, there will be arrests driving without a valid license and driving with a suspended or revoked license.
Pinellas Holiday DUI Checkpoint | Dec 07, 2011
In an effort to reduce DUI related injuries and save lives this Holiday season, Pinellas County deputies will conduct four DUI checkpoints over the next two weekends. The sobriety checkpoints will be conducted at multiple locations.
Below is video from inside a jail. There a cop is administering Florida’s Implied Consent warning, This warning is given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.
Breath Test Refusal Update
What do police officers do when arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?
In the past ten years, this topic is of interest to many of our viewers. The breath test is voluntary if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for a hardship license if he submitted to a breath test. The cop also told him he would not be eligible if he refused the test.
Due to misinformation, it could not be proven that suspect’s decision to submit to the test was not influenced by misinformation; the state has failed to prove that submission to test was voluntary. Tthe test results were not allowed in the proceeding. Source: FLW Supp 1703Perd
Refusal of a Breath Test
One DUI defense may come from the implied consent law. The implied consent law says that by driving you have agreed to chemical tests to determine alcohol or drug content. Sometimes police don’t give suspects their options properly. In Florida law, refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let’s go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.
Florida Law Requires. “The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible as evidence in any criminal proceeding.” 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)