Crocilla said that he had been up all night drinking wine and then drank half a bottle of mouthwash to mask the smell of alcohol. He had arrived at work at 11:00 am.

Crocilla, 29, reportedly stumbled while exiting the mail truck and was unable to complete a field sobriety test because he couldn’t keep his eyes open or his head straight. He blew .264% and .258% BAC during two breath tests. The legal limit is .08%. Crocilla said he was delivering one piece of mail to each person, and he then passed out.

A spokesperson with the United States Postal Service has not commented on the FL DUI incident.

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Brenda Dulcos was reportedly on her way to pick up an older child from school when she passed out. When her mother failed to arrive, the daughter walked to an uncle's house. The uncle then contacted the Sheriff's department. In the mean time, the two toddlers were found, barefoot, by a good Samaritan while they were about to cross a busy road and also called authorities. They said they were trying to find their older sister.

When found by police around 6:00 pm, Dulcos refused to submit to a breath test to check blood alcohol content. While not actually driving the gold Ford Windstar, police arrested her for Florida DUI because she was in physical control of the vehicle. She was also charged with child neglect.

Brenda Dulcos wept while being charged with driving under the influence in FL. It is her first alcohol related offense. She was told she would not be allowed to drink when released, or drive with children in the vehicle. Broward County Florida judge John Hurley said the drunk driving incident was a danger to the children, and liken it to having a loaded gun with the kids around. He vowed to personally call the Florida Department of Children and Families to make them aware of Dulcos' actions.

Dulcos, 44, was being held in the North Broward jail on $4,500 bail. The children are in the custody of their father.

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A sheriff's department spokesperson said that an officer can initiate an arrest for DUI in Florida even if the motorist has a BAC below .08%, when impairment is suspected. That said, she doubted the charges would stick, stating, "What the state does with it after this is up to them."

Ave Maria University officials are standing behind Dentino. In an email, the school president said “Please remember that a police charge is not a conviction; Dan is entitled to a presumption of innocence.” He went on to describe Dentino's FL DUI arrest as "an overzealous police intervention."

Dentino, 34, has been with the university for eight years. He serves as Vice President of Student Affairs and Adjunct Professor of Theology. He is a graduate of the Franciscan University and holds a Master's in religious studies and a Doctorate in systematic theology.

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Tallo requested a breath test and he registered a .000% BAC. The elderly man was then taken to a portable toilet and asked to provide a urine sample. A preliminary result, which tests for 12 drug classifications, revealed something that the police did not like and they proceeded with the arrest for DUI in FL. The official result from the state lab will take some time. Debenedetta told the police that Tallo is a health-nut and doesn't even take Advil. The Cape Coral police say that they are convinced there was enough indication of impairment to initiate the arrest.

Tallo's vehicle was impounded, and he and Debenedetta, 62, were forced to walk two miles to her house after midnight. A police sergeant explained that the couple just didn't ask officers for a ride.

The couple is fighting the charges, and Debenedetta said "I want other people to not go through this ever."

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Perez, 23, who performs under the name 'Liviana', is a Tampa model was signed with the WWE a few months ago. Her duties have included being a ring girl and managing Sweet Papi Sanchez. She also recently began wrestling.

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Balkman, 25, was a first round pick for the New York Knicks but has not lived up to his billing. He was traded to Denver, where he averaged 5 points and 3.8 rebounds during his first season for the Nuggets. A team executive said he was aware of Balkman's arrest but declined comment "out of respect for the legal process."

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Deputy Tex Thomas joined the Polk County Sheriff's Office last year and made 124 arrests for suspicion of DUI in FL. In a court deposition for a drunk driving case, Thomas admitted to clearing just the top portion of an arrest report and reusing words from a previous arrest. The use of such a template, rather than writing specific details and observations unique to an arrest, is a violation of procedure. In one case, he inadvertently left in the name of the previous suspect's last name. Thomas also admitted to not properly observing a 20 minute period of direct observation before conducting a breath test to ensure that the suspect did not belch, vomit or ingest something that could affect the accuracy of the test. He would include the drive time from the point of the traffic stop to the testing facility as part of the intended face-to-face window of observation.

Prosecutors felt the shortcuts jeopardized the DUI cases and they elected not to file official charges against 50 defendants and dropped four other charges. Those arrests were made between October 2008 and early July 2009.

Thomas, 27, has not been disciplined though there is an ongoing internal investigation. While he has been reassigned from targeted DUI enforcement to general patrol, he is still able to initiate traffic stops for suspected Florida DUI.

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The officer who caused the accident, Joel Francisco, collaborated with Sgt. Dewey Pressley in fabricating a story of how Alexandra Torrensvilas was driving with a large gray cat on her lap and that the cat jumped out the window, causing Torrensvilas to swerve and stop unexpectedly. Torrensvilas was subsequently charged with suspicion of drunk driving in Broward County Florida and for an improper lane change. While coordinating their stories, Pressley is heard saying, "We'll do a little Walt Disney to protect the cop because it wouldn't have mattered because she is drunk anyway." He was also heard saying that he didn't want to make things up but was willing to "bend it a little bit to protect a cop." The person photographing the scene was instructed to deliberately take images from certain angles to make it look as though Torrensvilas swerved in front of the officer. The officers acknowledged that they knew what they are doing is illegal, obviously unaware that they were being recorded.

As a result of the audio, four veteran police officers and a crime scene technician have been placed on administrative duty with pay until an internal affairs investigation is completed and the Broward States Attorney’s office can review the findings. The Broward County Chief Public Defender has asked state investigators and the FBI to become involved.

The Florida DUI case against Torrensvilas has been dropped. Other cases the officers have been involved with may also be jeopardized, as they are now on record falsifying testimony.

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State law requires equipment issued to law enforcement agencies be approved by the US Department of Transportation. Unauthorized changes in the equipment after the rigorous review process would void that approval. Florida DUI laws further stipulate that an officer can only request a breath test using approved equipment.

Florida DUI defense attorneys have long questioned both the authorization of the Intoxilyzer 8000 and its accuracy. The recent ruling gives them a stronger challenge in court.

Because of the court order, motorists stopped for suspicion of drunk driving in Manatee County Florida are not required to submit to a breath test. Testing can only be done on an approved machine. Previously, those refusing to submit to a breath test were subject to suspension of their driver’s licenses.

CMI of Kentucky, Inc, manufacturer of the Intoxilyzer 8000, has been in court battles across the country regarding the computer source code used in its equipment and changes to the software without state approval. Minnesota recently ruled that the company must make the source code available to DUI defense attorneys. In June, Sarasota judges found discrepancies in the specifications of the machines used by local law enforcement.

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In the first incident, Grady stopped an exotic dancer shortly after she had left the strip club where she worked for suspicion of driving under the influence in Florida. The second involved a 20-year old Coral Springs woman who filed a complaint with the Fort Lauderdale police. Dozens of other Florida DUI arrests initiated by Grady have been compromised, leading to reduction or dismissal of those cases.

Grady, 39, was a twelve year veteran with the force when he was suspended from duty last December. Both of the charges filed against him are punishable by up to a year in jail.

The patrols were conducted as a combined effort of the Atlantic Beach Enhanced DUI Enforcement Initiative and the Florida DUI Sustained Enforcement Campaign. The goal was to apprehend all suspected impaired drivers and to send a message that those who plan on drinking need to use public transportation or taxis, or assign a designated driver.

Statewide statistics show that during 2006 16,319 people were injured and 1,099 were killed in automobile accidents involving alcohol.

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The attorneys' motion claims that the Intoxilyzer 8000, used to test blood alcohol content during Florida DUI arrests, contains different parts than those approved by the state. Further, the machine has parts that do not match the Conforming Products List of Evidential Breath Measurement Devices issued by the US Department of Transportation in 2004. Florida statute says that every motorist issued a driver's license gives consent to submit an 'approved' chemical test. If the Intoxilyzer is using unapproved components, the resulting evidence may be inadmissible in court.

The pending hearing continues the legal challenges mounting against the Intoxilyzer 8000. Florida DUI defense lawyers have repeatedly argued that the manufacturer of the equipment has changed the software used to establish a driver's BAC without state's approval and that the method of computing the result cannot be independently verified for accuracy. The issue of due process has led several counties to dismiss breath test results in cases of drunk driving in Florida. Prosecutors are then required to prove intoxication with other evidence, such as officer testimony, field sobriety test results and video.

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]]> http://www.dui.com/dui-library/florida/news/deputys-conduct-jeopardizes-florida-dui-cases Battery charges filed against Sheriff's deputy. Monica Fri, 03 Apr 2009 10:05:17 -0500 A Broward County sheriff's deputy has been charged with misdemeanor battery after two women filed complaints that he had touched them inappropriately. Charles E. Grady is accused of touching the women during traffic stops. His actions have lead prosecutors to reduce or drop charges in dozens of cases in which Grady was involved, including cases of driving under the influence in Florida.

The sheriff's office said that Grady engaged in 'inappropriate contact' with two women. In one case he was involved with testing a female suspected of drunk driving in Broward County. The woman's defense attorney said that Grady touched her in a way that was "not within the parameters of his job." A second incident involved a 20-year old woman who reported Grady's touching to Fort Lauderdale police, who began an investigation. The contact was described as "deliberate and unwelcome."

Grady, 39, had been with the BSO for 12 years and served on the Florida DUI task force for a period of time. He arrested 303 motorists on suspicion of DUI in Broward County in 2007, earning him special recognition. Since the filing of the battery charges, Grady has resigned from the force. An internal investigation is still being conducted and Grady is scheduled to be arraigned on May 13.

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The law requires specific plans be in place that limit the discretion of deputies at DUI checkpoints in order to protect motorists from unlawful searches and seizures. An officer cannot select motorists based on unlawful acts, such as racial profiling. The Sarasota Sheriff’s Department plan allows the supervisor of the checkpoints to make any change to the operation at any time. The sheriff’s department needs to simply reword its plan and then follow it. The Sheriff’s office however has said it will not do so until it hears from prosecutors about plans to appeal the ruling.

The recent ruling could lead to the filing of more appeals by Florida DUI defense lawyers, as the sheriff’s department used the same, illegal plan throughout 2008. A judge in Manatee County used the same position to throw out evidence in three cases of drunk driving in Florida. The Manatee Sheriff’s department has subsequently modified its plan.

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They found Leon Young, an officer with the Fort Myers Police Department, had bloodshot eyes and talked with a “thick tongue”. The officers noticed alcohol on his breath and a green leafy substance on his shirt that they suspected was marijuana. Canine deputies arrived on the scene and detected narcotics in the air, but no marijuana was found in the vehicle. Young refused to submit to a field sobriety test and just asked to be taken to jail. He later agreed to perform field sobriety tests and was subsequently placed under arrest for suspicion of Florida DUI.

When asked to take a breath test to check blood alcohol content, Young declared that the arresting officer was a member of the Klu Klux Klan, the arresting deputy’s father was a member of the KKK and that he would not take a breath test.

A spokesperson with the Fort Myers Police Department expressed disappointment, adding that it was not the type of conduct expected from its officers. Young has been placed on administrative leave pending a criminal investigation and an internal affairs investigation.

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