|We have the
complete report here
Police reports should be more thorough.
DUI Incident Report Forms should be updated
Field sobriety tests should be expanded
Video recordings should be expanded to all phases of the investigation
Update the policy on urine testing
Update the Tampa Police DUI investigation guide
TPD should be in Regular communication with the State Attorney’s office.
Tampa DUI Lawyers DUI Scandal Update:
Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI cases. The subjects of the investigation – the cases involving two Officers: Ray Fernandez, Tim McGinnis. We have suspected that DUI cops were watching people and places for reasons they often would not admit. To his credit, the officer in the video below tells us they watch parking lots, act on tips received by phone and other types of electronics messages. We have protected the identity of one officer and give him credit for testifying so candidly. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures he says, “I get all kinds of stuff.”
In early August, I met with an investigative reporter with a major media outlet in Tampa Bay and shared what we had already uncovered in our review of DUI case procedures. Video Below:
http://WFLA.images.worldnow.com/interface/js/WNVideo.js?rnd=767347;hostDomain=www.wfla.com;playerWidth=500;playerHeight=355;isShowIcon=true;clipId=9176209;flvUri=;partnerclipid=;adTag=News;advertisingZone=;enableAds=true;landingPage=;islandingPageoverride=false;playerType=STANDARD_EMBEDDEDscript;controlsType=overlayWFLA-TV News Channel 8
Tampa DUI Charges Dropped after this cop testified and the DUI prosecutors investigated. Here is the video and the Tampa Bay DUI report. Tampa Bay DUI Officers Watch Bar Parking Lots. We recently got some interesting video of testimony from a top DUI Sargeant in Tampa Bay DUI law enforcement. He candidly admits the obvious – cops sit on bar parking lots. We have the complete report here: http://duifla.com/TampaDUIDismissed.pdf
To sum it all up, the major admissible evidence to potentially prove DUI would be:
an arguably illegal lane change
odor of alcohol
refusal to take a breathalyzer
The likely evidence the defense would present:
eyewitnesses who would say Campbell was not impaired
prevented from doing FST’s
The above evidence would be insufficient to sustain a conviction even if there was no evidence of a set up. However, there would be no legal vehicle to limit the defense in presenting evidence regarding the behavior of Personius, et al. Sgt. Fernandez’s and Ofc. McGinnis’ credibility would become a significant issue which would be exploited by the defense.
Although it would have been preferable for Campbell to have taken the breathalyzer, it could be reasonably argued that once Ofc. McGinnis refused to allow Campbell to do FST’s that there was no interest in proving Campbell guilty of DUI, but, rather, the goal was to arrest Campbell to benefit Sgt. Fernandez’s friend, Filthaut, and the A & D law firm in a pending civil trial.
The public relations mantra from A & D has been that they vere only helping get a drunk driver – off the streets. This rings hollow when you consider the time, effort and subterfuge used by them to get Campbell on the streets. Besides the abovementioned proof problems, to prosecute Campbell would require us to adopt the worrisome behavior of all involved. Based upon all of the above, we should file a Nolle Prosse.