If you believe your Florida DUI arrest was influenced by an officer’s participation in an arrest contest or incentive program, you’re likely feeling confused and violated. To help you understand your rights and potential defenses after a Florida DUI arrest, here are some common questions we hear from clients in similar situations, along with expert answers from DUI Attorney Casey the Lawyer at (813-222-2220)
Florida DUI Arrest Contests: Your Rights & Legal Questions
Florida DUI Arrest Contest
Unfortunately, this is a common complaint in cases where arrest quotas or contests are suspected. An officer driven by such incentives may prioritize quick arrests over thorough investigation, leading to an aggressive demeanor. If you felt this way, it is vital to document specific behaviors and statements.
Direct mentions are rare. However, subtle cues, like excessive focus on arrest procedures or a lack of concern for your explanations, can be red flags. We can analyze the officer’s behavior and statements to build a case against them.
Deviations from standard procedures are crucial. If the officer rushed the field sobriety tests, skipped steps, or failed to properly calibrate the breathalyzer, it could invalidate the evidence. We need to examine the police report and any available video.
Your right to counsel is fundamental. If you were denied this right, it’s a serious violation. We can file motions to suppress evidence and potentially get the charges dismissed. Document any instances of denied access.
That’s the core issue with these alleged contests. When officers are incentivized to make arrests, public safety can take a backseat. We will build a case to show the officers motivations, and defend your rights.
Video and audio evidence is critical. We’ll get all available recordings to analyze the officer’s actions and statements. If there is video, it can be very helpful to your case.
Improperly conducted field sobriety tests are a common issue. We’ll challenge the validity of these tests, especially if you were not given clear instructions or if the testing environment was unsuitable.
If there’s evidence of a contest or incentive program, it strengthens your case. We’ll investigate the officer’s arrest history and any internal communications.
The consequences of a DUI arrest can be severe. We’ll work to minimize the damage to your license, reputation, and finances.
We’ll investigate any patterns of misconduct or similar complaints against the officer or department. Shared experiences can strengthen your case.
If you felt unfairly treated, we’ll fight to ensure your rights are protected. We’ll challenge the arrest and hold the officer accountable.
Florida DUI Arrest Contest: The Dark Side of DUI Enforcement
DUI Defense Attorney’s Observation
As we continue to tally the Florida DUI Arrest awards given to police officers who arrest drivers in contests, we felt this a newsletter that has since been deleted from the Tampa Police Department would continue to establish that enforcement of DUI has become a contest, where the prizes are awarded to the cops, and the criminal record is given to the drivers. We have yet to receive an answer to these questions: “Do they have to give the award back when someone is cleared of the charges after one of these arrests?” and “Who paid for the trip, hotel rooms, and travel expenses?”
Have you been a pawn in this game? Call Me Toll-Free to Discuss 1-877-793-9290.
Let us help you 813.222.2220
DUI Arrest Contest News
“[T]he State of Florida MADD Chapter hosted the 8th Annual MADD Awards in Tallahassee. Six members of the DUI Unit attended the banquet and accepted the awards. Officers were recognized for making over 100 individual DUI arrests. Sixteen members, past and present, were presented this award: Sgt. Doug Groves, Cpl. Edwin Bodamer, MPOs Kenny Setser, Steve Wilson, John Vallejo, Steve Buchanan, Brian Reschke, Dean Uno, Officers Ferdinand Barbosa, James Blanchard, Anthony Portman, Steven Cragg, Peter Bucher, Kristie Borgo, Joseph Sustek, and Juan Melo.
MADD also presented a “Century Achievers Award” for officers who have exceeded 1000 individual DUI arrests. Seven members of the DUI Unit were presented this award: MPOs Kenny Setser, Steve Wilson, John Vallejo Steve Buchanan, Officers James Blanchard, Anthony Portman and Juan Melo.
Only 39 officers in Florida have achieved this milestone award. Cpl. Edwin Bodamer and MPO John Vallejo were given an award for the Zero Tolerance (underage drinking) citations issued in 2007. The Tampa DUI Unit continues to lead the DUI efforts in Florida and being recognized on this level by MADD.”
Arrest Contest Rules
Introduction
The Florida DUI Sustained Enforcement Program supports the goal of promoting high visibility DUI enforcement operations. The program, administered by the FDOT Safety Office, offers an incentive program with four participation levels, allowing law enforcement agencies to choose a level that aligns with their manpower availability.
Participation and Equipment Catalog
The Law Enforcement Liaison Program collects monthly reports from participating agencies, assesses their participation level at the end of the calendar year, and provides access to an online equipment catalog. Agencies can select DUI enforcement equipment based on earned participation points directly from the catalog.
Saturation Patrol
A saturation patrol involves assigning several officers to DUI enforcement duties in a defined high-crash area of the agency’s jurisdiction. Minimum staffing guidelines vary based on agency size, and patrols must operate for a minimum of four hours between 7 pm to 4 am. Press releases are required to promote public awareness, and agencies receive credit for one saturation patrol per day.
DUI Checkpoint
A DUI checkpoint is a roadblock where motorists are stopped and checked for signs of impairment. Agencies must develop a detailed operational plan, hold a pre-checkpoint briefing, and send a press release at least two days prior to meet legal requirements. Checkpoints must be conducted between 7 pm to 4 am on Fridays, Saturdays, or Sundays, with waivers available for special events during the week.
Modified Sustained Enforcement Program (2009)
The program has four levels of participation, with points earned for specific DUI enforcement activities. Points determine the level of participation, and participating agencies can earn equipment compensation based on their achieved level. Award levels are Platinum ($15,000), Gold ($10,000), Silver ($5,000), and Bronze ($2,500).
Random Drawing Incentives
Agencies qualifying at the Bronze or Silver levels are eligible for a random drawing for a laser speed measuring device. Agencies at the Platinum or Gold levels qualify for a random drawing for additional incentives.
Source: Florida DUI Sustained Enforcement Program
DUI Enforcement Activity Points
| Activity | Points Earned |
|---|---|
| Conduct/Host DUI Checkpoint | 100 |
| Saturation Patrol | 20 |
| Attend Checkpoint hosted by other agency | 10 |
Award Levels
| Level | DUI Enforcement Activity Points Earned |
|---|---|
| Platinum | 6000 |
| Gold | 4000 |
| Silver | 2000 |
| Bronze | 1000 |
Florida DUI Arrest Contest Winners | DUI Tampa Driving Under the Influence
Challenging Assumptions
Before you believe that officers do not have an incentive to arrest for Florida DUI in the Tampa Bay area, DUI Attorney W.F. ‘Casey’ Ebsary, Jr. noted there was a recent DUI Award Banquet Honoring Florida Highway Patrol Officers with Over 100 DUI Arrests, according to MADD.
Award Recognition
They used to post these awards online until we started asking award winners about these contests in court – here was the old link http://www.madd.org/chapter/1200_2981.
Outstanding Achievements
Also awarded were officers with over a 1000 arrests.
Contest Winners
There were 13 contest winners at the Hillsborough County Sheriff’s Office (HSCO). There were 16 contest winners at the Tampa Police Department (TPD). These were just the officers who got over a hundred in the year. There are others with less.
Hillsborough County Sheriff’s Office
Deputy Jackie Brock Hillsborough County Sheriff’s Office
Deputy Beau Dobson Hillsborough County Sheriff’s Office
Deputy James Glover Hillsborough County Sheriff’s Office
Deputy Carolyn Jolly Hillsborough County Sheriff’s Office
Deputy Carl McCalla Hillsborough County Sheriff’s Office
Deputy Jimmy McDowell Hillsborough County Sheriff’s Office
Deputy Matthew McMurphy Hillsborough County Sheriff’s Office
Deputy Felix Moret Hillsborough County Sheriff’s Office
Deputy Lawrence Morrell Hillsborough County Sheriff’s Office
Deputy Shawn Morrey Hillsborough County Sheriff’s Office
Deputy Kevin Stabins Hillsborough County Sheriff’s Office
Deputy Candace Steinmeir Hillsborough County Sheriff’s Office
Deputy Anthony Watson Hillsborough County Sheriff’s Office
Tampa Police Department
Officer Ferdinand Barbosa Tampa Police Department
Officer James Blanchard Tampa Police Department
Corporal Edwin Bodamer Tampa Police Department
Officer Kristie Borgo Tampa Police Department
Master Patrol Officer Steven Buchanan Tampa Police Department
Officer Peter Bucher Tampa Police Department
Officer Steven Cragg Tampa Police Department
Corporal Douglas Groves Tampa Police Department
Officer Juan Melo Tampa Police Department
Officer Anthony Portman Tampa Police Department
Master Patrol Officer Brian Reschke Tampa Police Department
Master Patrol Officer Kenneth Setser Tampa Police Department
Officer Joseph Sustek Tampa Police Department
Master Patrol Officer Dean Uno Tampa Police Department
Master Patrol Officer John Vallejo Tampa Police Department
Master Patrol Officer Steven Wilson Tampa Police Department
1000+ DUI Awards
Deputy Jackie Brock Hillsborough County Sheriff’s Office
Deputy Lloyd Hyder Hillsborough County Sheriff’s Office
Deputy Felix Moret Hillsborough County Sheriff’s Office
Deputy Lawrence Morrell Hillsborough County Sheriff’s Office
Deputy Paul Shute Hillsborough County Sheriff’s Office
Deputy Gregory Williams Hillsborough County Sheriff’s Office
Officer James Blanchard Tampa Police Department Office
Master Patrol Officer Steven Buchanan Tampa Police Department
Officer Juan Melo Tampa Police Department Office
Officer Anthony Portman Tampa Police Department Office
Master Patrol Officer Kenneth Setser Tampa Police Department Office
Master Patrol Officer John Vallejo Tampa Police Department Office
Master Patrol Officer Steven Wilson Tampa Police Department Office
Florida DUI 100 Arrest Contest Winners
DUI Defense Attorney Observes: The increasing number of awards bestowed upon police officers for DUI arrests has turned law enforcement into a competition, as highlighted in this newsletter excerpt from the Tampa Police Department. The prizes go to the officers, while the drivers face the consequences of a criminal record. Unanswered questions persist: “Must the awarded accolades be returned if the charges are later dropped?” and “Who foots the bill for the officers’ trips, accommodations, and related expenses?”
Have you found yourself caught in this contest? Call me toll-free to discuss at 1-877-793-9290.
Let us help you 813.222.2220
In Tallahassee, the State of Florida MADD Chapter recently held the 8th Annual MADD Awards, where members of the DUI Unit were acknowledged for their achievements. However, the event appeared to prioritize the quantity of DUI arrests rather than the broader safety concerns of our community. Sixteen members, both current and former, received recognition, and MADD presented a “Century Achievers Award” to officers with over 1000 individual DUI arrests. Notably, seven members of the DUI Unit received this distinction, a feat achieved by only 39 officers in Florida.
The event also highlighted officers, including Sgt. Doug Groves, Cpl. Edwin Bodamer, MPOs Kenny Setser, Steve Wilson, John Vallejo, Steve Buchanan, Brian Reschke, Dean Uno, Officers Ferdinand Barbosa, James Blanchard, Anthony Portman, Steven Cragg, Peter Bucher, Kristie Borgo, Joseph Sustek, and Juan Melo, who were honored for surpassing 100 individual DUI arrests. Additionally, Cpl. Edwin Bodamer and MPO John Vallejo were recognized for their efforts in issuing Zero Tolerance (underage drinking) citations in 2007.
While acknowledging the accomplishments of law enforcement, it is crucial to question the emphasis on arrest numbers and consider whether this aligns with the broader goals of community safety. The commitment of the Tampa DUI Unit to lead DUI enforcement in Florida is acknowledged, but the event raises concerns about the overall approach to public safety and the well-being of citizens.
If you have questions or concerns about DUI arrests or law enforcement practices, I encourage you to reach out. Call Casey Ebsary, the Lawyer, for a discussion on how we can advocate for a fair and just approach to community safety.
Observations by DUI Defense Attorney
The increasing number of awards bestowed upon police officers for DUI arrests has turned law enforcement into a competition, as highlighted in this newsletter excerpt from the Tampa Police Department. The prizes go to the officers, while the drivers face the consequences of a criminal record. Unanswered questions persist: “Must the awarded accolades be returned if the charges are later dropped?” and “Who foots the bill for the officers’ trips, accommodations, and related expenses?”
Concerns about Traffic Enforcement Initiative
A Harley Davidson Road King patrol motorcycle has been awarded to the traffic enforcement division of the sheriff’s office in a Florida county.
The sheriff prioritized traffic enforcement upon taking office, resulting in the program being recognized as one of the state’s top initiatives. The Florida Department of Transportation’s Motor Unit Challenge randomly selected this county as the grand prize winner, securing a fully equipped $30,000 Harley.
Implications for Drivers
For drivers navigating the roads, this development raises questions. The sheriff’s emphasis on traffic enforcement, while commendable, brings about concerns regarding potential increased scrutiny on motorists. The acquisition of a new motorcycle may symbolize recognition, but it also signals heightened vigilance on the roads, potentially impacting drivers who may feel unfairly targeted.
Evaluation of Traffic Enforcement Practices
According to a law enforcement liaison in the region, being the best in Florida’s traffic enforcement goes beyond issuing tickets. A comprehensive scoring system evaluates each participating department based on factors such as citations, reductions in traffic crashes, increased seat belt usage, education, and training.
Officers from recognized programs had the opportunity to compete for the Harley in Orlando. The winning officer emerged after trying their luck with the key.
The newly acquired Harley now belongs to a deputy in the traffic division.
Source: NorthEscambia.com
Have you found yourself caught in this contest? Call me toll-free to discuss at 1-877-793-9290.
Let us help you 813.222.2220
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