Evidence Tossed in Florida DUI Cases

Judges challenge operating plans for DUI checkpoints in Sarasota County.

Two Sarasota County judges tossed out evidence in 13 cases of suspected driving under the influence in Florida. The ruling finds that the sheriff’s department’s plans for sobriety checkpoints gave deputies too much power. As a consequence, prosecutors cannot present the result of breath-tests and field sobriety tests nor the arresting officer’s observations during arrests made at DUI checkpoints. Sarasota Florida DUI lawyer Darren Finebloom, whose firm represented seven of the defendants, said there is subsequently “no case” and he anticipates dismissal or reduction of the DUI charges.

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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