Two undercover Tampa Police Department officers were fired today for hanging out and drinking in a strip club while on duty. Officer Ortega and Officer Madsen were in a strip club drinking. When it was time to go to work, the officers logged into work remotely from a computer. The were on the Rapid Offender Control...
Read MoreBlog
2nd District Court of Appeals rules police holding driver's license is a seizure
Last week, the Second District Court of Appeals overturned a Defendant's conviction for possession of a controlled substance (carisoprodol). The rulings by the 2nd District Court of Appeal are binding on the county and circuit court's of Polk County. That means the felony or misdemeanor judge in Polk County must follow the appellate court's rulings...
Read MoreFlorida bans texting while driving
Starting October 1, 2013, “texting while driving” will be banned in throughout Florida. It will be a civil offense to read or send a text, email or instant message on a smartphone while driving. In order to cite a driver for this violation, the person must be stopped for some other lawful reason. That means...
Read MoreIntoxilyzer 8000 seminar Provided by Forensic Alcohol Consulting & Training completed by Polk County DUI Lawyer
On Friday, I attended a seminar specifically dealing with the Intoxilyzer 8000, the official Breath Test machine used in Florida. Prosecutors like to call the machine a breath test instrument, but we all know it's a machine with many problems and short comings. By attending these seminars, it allows me to keep up to date...
Read MoreOff duty Lakeland Police officer charged with battery after alleged road rage incident
An off duty police officer was charged with battery after an alleged road rage incident today. Part of the incident was captured on a surveillance camera. Allegedly, there was an incident on the road where the off-duty Lakeland Police Officer felt that the other driver cut him off. As with most road rage type incidents,...
Read MorePolk County Criminal Defense Attorney Jury Trial for Improper Exhibition of a Firearm
My client was charged with Improper Exhibition of a Firearm. We demanded speedy trial in this case and the charge was dismissed by the court at trial. My client was accused of waving a fireman at an elderly lady arising out of an alleged road rage incident. This incident was allegedly witnessed by an off-duty...
Read MoreNTSB porposes lowering the legal limit in DUI cases to 0.05 from 0.08
Last week, the NTSB proposed lowering the legal limit for Driving Under the Influence cases from 0.08 to 0.05. In Florida, the legal limit is 0.08. Also in Florida, a driver with a breath alcohol under 0.05 is presumed to not be impaired. The NTSB feels that lowering the limit would help cut down on...
Read MoreRefusing to submit to a breath test can be a separate criminal offense in Florida
Many Floridians do not realize that refusing to take a breathalyzer test is considered a separate criminal offense. It is not a DUI defense. It may come as a shock to Florida drivers who are stopped for suspicion of driving while under the influence (DUI), but if they refuse to give a breath sample, the...
Read MoreAnother Polk County Backpage solicitation for lewdness and prostitution sting
Polk County law enforcement agencies ran another prostitution sting this week. This appears to be similar to the prostitution stings recently done this past January and last August. The prostitution law increased the "civil penalty" for "johns" from $500.00 to $5,250.00 on January 1, 2013. I am the only Polk County criminal defense attorney who has challenged the...
Read More