After the controversy surrounding the arrest of an elderly Cape Coral resident on DUI suspicions, the Cape Coral Police Department is now under the microscope of public opinion. Recently, 72-year old Vincent Tallo entered a DUI checkpoint and submitted to both breath and urine tests. Both tests came back clean and free of alcohol or drugs. However, the Cape Coral Police arrested the elderly driver anyway.
The charges against Tallo have since been dropped, but there has been public outcry on how DUI checkpoints are administered. The Cape Coral Police Department has stated that checkpoints are generally held at the request of the State’s Attorney Office and/or pressure from the community. Depending on the type of checkpoint that is being held will determine who is pulled over. In the case of Vincent Tallo, officers asked every driver for their license, registration and proof of insurance. Florida State law does not require that the checkpoints be made public; however, the Cape will normally advertise the event in an effort for drivers to contemplate the consequences of drinking and driving.
There are more and more cases in the media where arrestees have been taken into custody when no laws have been broken by the alleged offender. Drivers are in fear of officers abusing their positions and unjustly violating the public’s constitutional rights. The Cape Coral Police Department is adamant that their officers have no such intention. Under normal circumstances if a driver appears impaired and passes a blood alcohol content test, a Drug Recognition Expert will be brought into the investigation to determine if further intoxication testing is necessary.
So much of an officer’s position is based on discretion. However, the authorities can come to inaccurate conclusions when acting in good faith. If you or a loved one has been charged with DUI, contact a knowledgeable attorney for assistance with your case. You are considered innocent until proven guilty in a Court of law.
Archive for September, 2009
Cape Coral Police Under Microscope for DUI Arrest of Elderly Man
Saturday, September 19th, 2009Marion County Officers Arrest Nude Motorcyclist for DUI
Wednesday, September 16th, 2009Officers witnessed a motorcyclist traveling in the buff on State Road 200 in Marion County. Officers initiated a traffic stop on the defendant, 45-year old Dante Krauss, who could not remember where he came from but knew he was heading to Hooters. He admitted to drinking and offered up no explanation as to why he decided to travel in the nude.
Officers provided Krauss with a shirt and he covered his bottom half with a shawl from inside his motorcycle. The arresting report stated that the defendant failed field sobriety testing and did provide a breath sample. He possessed a blood alcohol content of .178 and .162. This is double the Florida legal blood alcohol content limit of .08.
Krauss is no stranger to DUI arrests. He has had four prior DUI convictions resulting in ten years of license revocation beginning in 2001. Officers arrested the naked motorcyclist on his fifth charge of DUI. The authorities booked and processed Krauss inside the Marion County Jail.
Minnesota DWI Lawyer
Saturday, September 12th, 2009DUIAttorney.com LLC is pleased to announce the availability of the Minnesota DWI attorney section.
Lee County Results from Over the Limit Under Arrest Campaign
Thursday, September 10th, 2009Law enforcement agencies from across the U.S. participated in the national Over the Limit under Arrest campaign over the Labor Day holiday weekend. The goal of this national undertaking is to inform the public about the dangers of driving drunk, create public awareness, deter would be drunk drivers and remove intoxicated offenders from our roadways. The government, partnered with local law enforcement agencies, wants to continue to repress the ever growing number of traffic fatalities and injuries on our streets.
The Lee County Sheriff’s Office in the area of Fort Myers, Florida, also participated in this campaign to curb driving under the influence. The sheriff’s office saturated the area of Ben Hill Griffin Parkway, Alico Road, Corkscrew Road and Three Oaks Parkway with patrol officers and sobriety checkpoints. Lee County organized this saturation effort to take place from 9 p.m. to 3 a.m. Friday and Saturday, September 4 and 5. The campaign held by the Lee County Sheriff’s Office resulted in 6 DUI arrests, 1 arrest for driving on a suspended license, I arrest for no valid driver’s license, 5 arrests for possession of a controlled substance, misdemeanor warrant arrest, 61 traffic citations and 38 traffic warnings.
If you or a loved one faces alcohol related charges, contact a knowledgeable Florida DUI attorney for assistance with your case. The circumstances surrounding each drunk driving arrest is different. An experienced attorney will provide you with the information and guidance you need to expeditiously resolve your case.
Atlantic Beach Defendant Arrested Four Times for DUI without Conviction
Monday, September 7th, 2009The Atlantic Beach Police Department has arrested a driver associated with hitting a bicyclist. The 77 year old victim is listed in critical condition at Shands Jacksonville Hospital. The driver, 41 year old William Scott Adams, is accused of being under the influence of alcohol at the time of the accident.
Officers charged the defendant, 41 year old William Scott Adams, with DUI causing serious bodily injury and driving on a suspended or revoked license. This is not Adams’ first run in with police over alcohol related offenses. This is the defendant’s fourth arrest on driving under the influence charges; however he has never been convicted of this crime.
In 2001, Adams faced charges of DUI and pled no contest to reckless driving. The authorities arrested the defendant again in August 2008 for drunk driving. This resulted in the State dropping the charges in exchange for a no contest plea to a speeding charge. In March of this year Adams received his third DUI arrest. He has pleaded not guilty and the charges are still pending.
Pursuant to Florida Statute 316.193(2),(3)F.S., the crime of DUI resulting in serious bodily injury is considered a third degree felony. A convicted offender could receive a maximum penalty of five years in prison and a fine of up to $5,000. Even though defendant Adams has never been convicted of DUI despite his four arrests, only time will tell if the Court will be agreeable to his history of repeat offenses.
