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Reducing Impaired Driving Recidivism – Established DUI Diversion

DUI Diversion Program

Established DUI Diversion Programs
Established DUI Diversion Programs in 8th, 9th, 11th, 13th Circuit Courts

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. We will look at some of Florida’s already established DUI diversion programs for a driver’s first DUI charge. The Offices of the State Attorneys of the 8th, 9th, 11th & 15th Circuit Courts all currently use DUI Diversion Programs for a driver’s first DUI charge. Each Circuit Court has different admission rules and distinct program requirements.

Admission Requirements Are Confusing

In the table below, it is easy to see how confusing this process can be. You need to Call (813) 222-2220. In Orange County and Osceola County, you cannot be a part of the DUI Diversion Program (PTD, or Pre-Trial Diversion) if you are not a legal U.S. resident. That means tourist from another country here to spend their vacation could never be in the PTD program in the Ninth Circuit Court. In Miami-Dade County, if your BAC is over 0.220% then you are still able to be in the DUI Diversion Program (Back on Track BOT). That same county is the only county that requires that you sign a statement of guilt before entering the DUI Diversion Program. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission into the DUI Diversion Program if a child or animal was riding with you when you were charged. Only the 8th Circuit Court will use your drunken aggression towards the arresting officer as a reason to keep you out of the DUI Diversion Program.

Admission Qualifiers

8th Circuit 9th Circuit 11th Circuit 15th Circuit
8th Circuit; Alachua, Baker, Bradford, Gilchrist, Levy, Union 9th Circuit; Orange, Osceola 11th Circuit; Miami-Dade 15th Circuit; Palm Beach
Approval by the Office of the State Attorney X
Defendant’s administrative DMV Suspension not affected  X
Each case will be evaluated on a case-by-case basis X
Legal residence in the United States X
Must have a Valid Driver’s License at the time of arrest X
Accident may invalidate eligibility X X X
Child or animal in vehicle may invalidate eligibility X X X
Prior alcohol-related driving offenses may invalidate eligibility X X X X
No Blood Alcohol Level of .20 (,220 for 9th) or over X  X  X
No in vehicle controlled substances X X
No inappropriate behavior such as belligerence to law enforcement X
Prior misdemeanor may invalidate eligibility X X
No motions filing, demanding discovery or demanding a jury trial X X
No prior felony sentences X X X
Plea must be entered at arraignment X
Request for DUI Diversion within 30 days of arrest X
Sign an admission of guilt X
Prior traffic citations may invalidate eligibility X
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Reducing Impaired Driving Recidivism – RIDR

Reducing Impaired Driving Recidivism - RIDR
RIDR A New Hillsborough County DUI Initiative

We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”

Reducing Impaired Driving Recidivism – RIDR

Program To Help Reduce Repeat DUI Offenders

This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.

This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.

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Florida Drug Recognition Experts DRE Video

DRE Florida Drug Recognition Experts
Florida Drug Recognition Experts DRE

Using Drug Recognition Experts (DRE), in Florida DUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.

We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?

What is the History and Origin of the Drug Recognition Expert (DRE}?

The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
Florida Drug Recognition DRE Experts
7 Days to a Better You (DRE)

What is done during DRE training?

A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program:  Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.

Who does the Drug Recognition Experts (DRE) training?

The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).

What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?

None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.

Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard? 

No. In July 2013,  Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.
Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .”  In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).
Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .

Standardized 12-Step Drug Recognition Experts Protocol

The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.
1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.
Sources: http://www.wsp.wa.gov/breathtest/dredocs.php 
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DUI Attorney Tampa Videos

Tampa Traffic Stop DUI Videos

“an inside look at criminal traffic stops for DUI”

Florida DUI Criminal Defense Attorney presents Traffic Stop DUI videos from inside a patrol car. In this series of DUI videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr, gives you an inside look at criminal traffic stops for DUI in Tampa, Hillsborough County, Florida. Casey is a Criminal Trial Lawyer, former Prosecutor, and a Defense Attorney, defending DUI charges for over 10 years.

Tampa Attorney Checkpoint DUI Videos

“we decided to send our team out to take a look”

Hillsborough County Sheriffs Office in Tampa, Florida decided to have a DUI Checkpoint, so we decided to send our team out to take a look DUI videos. They pulled over every fifth car. We witnessed Zero arrests. Tell Us Your Story Toll-Free 1-877-793-9290.

DUI Videos Refusal Of Breath Test

“video of Refusal of a Breath Test after an arrest for DUI”

Tampa DUI Criminal Defense Attorney shows videos of Refusal of a Breath Test after an arrest for DUI, in this 2-minute video. A Hillsborough County Florida Sheriff’s Deputy administers a Breath Test Warning / Request in a Florida DUI case.

Tampa Florida DUI videos Field Sobriety Tests

“an inside look at field sobriety tests for DUI” 

Florida DUI Criminal Defense Attorney presents Field Sobriety Exercises videos. This production is one of a series of videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr and gives you an inside look at field sobriety tests for DUI in Tampa, Hillsborough County, Florida. Casey is a Criminal Trial Lawyer and a former Prosecutor, defending DUI charges for over 20 years
Arrest Contest, DUI Arrest, Florida DUI Arrest

Florida DUI Arrest Contest Costs $1,720,000

Give away $18,000
Cost citizens nearly $2,000,000.
9500 percent ROI. 
As a Georgia DUI Lawyer noted, when contests and quotas are in play, some police agencies keep their eyes on the prize. In that case , there is a civil rights lawsuit attacking quotas for DUI Arrests.

Florida DUI Arrest Contest – True Costs

Meanwhile, back in Florida, one small Florida town became the best losers by finishing second in the DUI Arrest Contest that is an ongoing competition to see who can make the most arrests and win cash and prizes. They won $18,000 for 86 arrests. 
Let’s do the math (show your work) and find the actual cost to some Americans – $1,720,000. 

86 Arrests x $5,000.00 Legal Fees =   $  430,000
86 Arrests x $2,500.00 Fines =          $   215,000
86 Arrests x $12,500 Insurance =       $1,075,000


Total Estimated Costs to Citizens =                  $1,720,000

Great return on investment. Give away $18,000 and cost citizens nearly $2,000,000. This is a 9500 percent return on investment ( ROI ). 
By the way, the headline read, “Village police win $18,000 for DUI safety equipment.” The police in this town also train cops in the faux science of Drug Symptom Recognition. The chief of police sends his”Drug Recognition Enforcement (DRE) program officers to attend numerous DUI checkpoints and training to gain valuable experience.”  We have covered the fake science associated with Drug Recognition Experts and their creation by the DUI Industrial Complex here.
Read the complete DUI Arrest Contest Winners story here: 

Previous Florida DUI Arrest Contest Coverage


  • Florida DUI Arrest Contest Winners? | Tampa DUI Lawyer 

    www.dui2go.com/2014/04/florida-dui-arrest-contest-winners.html

     Rating: 4.9 – ‎Review by Google+

    DUI Arrest Contests, Driving under the influence ( DUI ), Arrest Contest … contestswere, but it appears that citizens’ arrests are prizes in this despicable contest.

  • Pasco DUI Cop | Arrest Contest Winner | Tampa DUI Lawyer 

    www.dui2go.com/2011/04/pasco-dui-cop-arrest-contest-winner.html

     Rating: 4.9 – ‎Review by Google+

    DUI Defense Attorney notes that Pasco DUI cops are continuing their efforts to win DUI arrest contests. Florida Highway Patrol spokesman for the highway …

  • Florida Drivers are Targets in Law Enforcement Contests 

    www.dui2go.com/2014/07/florida-dui-arrest-contest.html

     Rating: 4.9 – ‎Review by Google+

    These valuable items were on the line during a sponsored contest to see who was the best in the business in traffic law enforcement. Tampa DUI Attorney …

  • DUI Arrest Contest Rules and Prizes | DUI Lawyer On Call 

    www.dui2go.com/2011/12/dui-arrest-contest-rules-and-prizes.html

     Rating: 4.9 – ‎Review by Google+

    DUI Attorney on Florida’s West Coast just uncovered the “rules” for a recent DUI ArrestContest. The awards are characterized as DUI enforcement equipment, …

  • www.dui2go.com/2011/02/more-dui-arrest-contest-news.html

     Rating: 4.9 – ‎Review by Google+

    More DUI Arrest Contest News. DUI Defense Attorney Observes: As we continue to tally the awards given to police officers who arrest drivers, we felt this …