Pinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. Competent substantial evidence is evidence ”sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.” See Department of Highway Safety and Motor Vehicles v. Trimble, 821 So.2d 1084, 1087 (Fla. 1st DCA 2002) (citing DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957)).
The Pinellas DUI checkpoint plan stated that it was to begin at 12:30 a.m. and end at 3:30 a.m.. The Police reports completed by the Deputy, stated that the defendant was placed under arrest at 12:35 a.m. after failing the field sobriety tests. The Deputy was not called to testify and there is no other evidence to refute the time of arrest. The court found that such an exchange would necessarily take longer than 5 minutes. Hence, the Court finds that the defendant was stopped before 12:30 a.m. in violation of the Plan.
The opinion is available as a free download here.
Pinellas DUI Checkpoint Invalid
Driving under the influence (DUI) is a serious crime in Florida, and law enforcement takes it very seriously. One of the ways they try to catch drunk drivers is through the use of DUI checkpoints. While these checkpoints can be controversial, they are legal in Florida and have been shown to be effective in reducing the number of drunk driving incidents.
What are DUI checkpoints?
DUI checkpoints, also known as sobriety checkpoints, are temporary roadblocks set up by law enforcement officers to check for drivers who may be under the influence of drugs or alcohol. At a checkpoint, officers will stop drivers and conduct a brief investigation to determine if they are impaired.
Are DUI checkpoints legal in Florida?
Yes, DUI checkpoints are legal in Florida. The state Supreme Court has ruled that they are constitutional as long as they meet certain guidelines, such as being conducted in a systematic and non-discriminatory manner.
How effective are DUI checkpoints?
Studies have shown that DUI checkpoints can be effective in reducing the number of drunk driving incidents. In one study conducted in California, researchers found that checkpoints led to a 20% reduction in alcohol-related crashes. Another study conducted in Florida found that checkpoints led to a 9% reduction in alcohol-related crashes.
What should you do if you encounter a DUI checkpoint?
If you encounter a DUI checkpoint while driving, it is important to remain calm and cooperate with law enforcement officers. Follow these tips to make the process go smoothly:
- Slow down and follow instructions from officers
- Have your driver’s license, registration, and proof of insurance ready
- Roll down your window and be prepared to answer questions about where you are coming from and where you are going
- If officers suspect you may be under the influence, they may ask you to perform field sobriety tests or take a breathalyzer test. You have the right to refuse these tests, but doing so may result in your arrest.
Why are DUI checkpoints controversial?
While DUI checkpoints are legal and have been shown to be effective, they are also controversial. Some people believe that they are a violation of their Fourth Amendment rights against unreasonable searches and seizures. Others argue that they are discriminatory, as they may disproportionately target certain groups of people, such as racial minorities.
Despite these concerns, DUI checkpoints remain an important tool in the fight against drunk driving in Florida. By following the guidelines set forth by the state Supreme Court, law enforcement officers can conduct these checkpoints in a way that is legal, effective, and fair.
Sources:
Florida Department of Highway Safety and Motor Vehicles. (n.d.). DUI checkpoints. Retrieved from https://www.flhsmv.gov/safety-center/driving-safety/dui/enforcement/
National Highway Traffic Safety Administration. (n.d.). Sobriety checkpoints. Retrieved from https://www.nhtsa.gov/risky-driving/sobriety-checkpoints
Voas, R. B., Fell, J. C., & Lacey, J. H. (2000). The effectiveness of sobriety checkpoints for reducing alcohol-involved crashes. Traffic Injury Prevention, 1(1), 43-53.
Wilson, R. J., & Sutton, T. E. (2003). The effects of sobriety checkpoints on alcohol-related crashes in Florida. Accident Analysis & Prevention, 35(4), 537-545.
Here’s some more information about DUI checkpoints in Pinellas County, Florida:
- Pinellas County conducts DUI checkpoints periodically
Pinellas County law enforcement agencies conduct DUI checkpoints periodically throughout the year, typically during holiday weekends and other high-risk periods. The checkpoints are usually set up in areas where drunk driving incidents are more common, such as near bars or in areas with high traffic volumes.
- Checkpoints are conducted by various law enforcement agencies
DUI checkpoints in Pinellas County are conducted by various law enforcement agencies, including the Pinellas County Sheriff’s Office, local police departments, and the Florida Highway Patrol. Each agency follows the guidelines set forth by the state Supreme Court when conducting checkpoints to ensure that they are conducted lawfully.
- Checkpoints are publicized in advance
Before conducting a DUI checkpoint, law enforcement officers in Pinellas County must give advance notice to the public about the time and location of the checkpoint. This is usually done through local media outlets, such as newspapers and television stations, as well as social media.
- Drivers who are stopped at a checkpoint must provide their license and registration
When drivers are stopped at a DUI checkpoint in Pinellas County, they are required to provide their driver’s license, vehicle registration, and proof of insurance. They may also be asked to answer questions about where they are coming from and where they are going.
- Field sobriety tests and breathalyzer tests may be conducted
If law enforcement officers suspect that a driver is under the influence of drugs or alcohol, they may ask the driver to perform field sobriety tests or take a breathalyzer test. Refusing to take these tests may result in the driver’s arrest.
- Pinellas County takes drunk driving seriously
Pinellas County takes drunk driving very seriously, and law enforcement agencies are committed to reducing the number of drunk driving incidents on the county’s roads. In addition to conducting DUI checkpoints, law enforcement officers in Pinellas County also patrol the roads and conduct targeted enforcement operations to catch drunk drivers.
In conclusion, DUI checkpoints in Pinellas County are conducted periodically by various law enforcement agencies in order to reduce the number of drunk driving incidents on the county’s roads. By following the guidelines set forth by the state Supreme Court, officers are able to conduct checkpoints lawfully and fairly, while catching drunk drivers and holding them accountable for their actions.
