DUI Checkpoints in Florida

DUI checkpoints in Florida are used by police officers to enforce DUI laws against drinking and driving. DUI checkpoints are legal in the state of Florida, unlike in some states where sobriety stations are considered illegal under their state DUI law. These checkpoints are used by the police regularly in Florida.

At a DUI checkpoint, police officers stop each vehicle or a specific number of drivers to check for signs of impairment. Such checkpoints are used to inform the public about the risks of driving under the influence of alcohol or drugs and, of course, to arrest drivers who are driving under such influence. These checkpoints are usually scheduled during holidays or on weekends when there is a great volume of vehicles on the road and drivers who are likely to drink.

Many states in the US have questioned the constitutionality and the DUI arrest rates made at these stations. These are the reasons why few states have made these stations illegal under their law. These states cite the Fourth Amendment’s protection against search and seizure that take place without probable cause.

In 1990, however, the Supreme Court ruled that the encroachment on the Fourth Amendment is overshadowed by the need of the public to be informed of the risks of drunk driving. The high court added that these checkpoints should follow specific guidelines for them to be considered legal.

• Decisions should be made by supervisors, not arresting officers
• A predetermined formula should determine the number of vehicles on the road to be stopped for check
• The safety of the public and officer are the most important
• Policymakers determine the location of these checkpoints based on drunk driving statistics
• There should be clear visible warning lights and signs informing drivers of the checkpoint
• Duration should be limited by issues of effectiveness as well as intrusiveness
• Drivers should be detained for the minimum period of time possible
• The location of the DUI checkpoint should be made known to the public through advance publication to increase its deterrent effect and lessen intrusiveness

So, what should you do to when you encounter a DUI checkpoint in Florida? Here some simple tips you can follow.

• First is do not panic. Slow down and drive normally until you are actually stopped by a police officer. Do not ever try to pull a U-turn and drive away as you might draw attention to your car.
• Second is to proceed normally. Chances are, your car won’t even be stopped because of the predetermined formula.
• Third is to follow what the officer tells you. Be prepared as the officer might ask for your license or registration.
• Fourth is to not say too much to the officer. Federal law states that checkpoints should minimize the period of time they detain a driver. On this note, it is better to avoid talking much to the officer as they might only ask you to step out of the vehicle and go through a sobriety test in case you show signs of being under the influence.
• Fifth is to be cooperative. Step out of your car if they ask you to do.

Timothy Nies, a proud military veteran of the Army's elite 75th Ranger Regiment, leads Van Riper and Nies Attorneys P.A.'s personal injury, maritime injury, and civil litigation practice groups. He has handled complex personal injury cases, such as truck accidents, motor vehicle crashes, premises liability, assault and battery, and maritime injury claims. If you you are looking for Stuart Criminal Lawyer, you can talk to our reliable Stuart Florida attorneys at the Law Offices of Van Riper and Nies Attorneys today! 

Martin County Florida Dangerous Dog and Public Nuisance Dog Ordinances

Van Riper and Nies Attorneys represent dog owners charged with violation of Martin County dog ordinances. Below is a summary of Martin County’s dangerous dog and public nuisance dog ordinances.

Animal Biting or Attacking Incidents

According to Ordinance No. 557 of Martin County, Florida, the owner of an animal should ensure that is pet does not attack or maliciously bite other animal or human. The pet owner should also ensure that the animal does not bite other animal or human in such a way that the biting results in severe injury or death.

In any event that a dog bites another animal or human or the dog attacks but the attack does not lead to severe injury or death, the Animal Care and Control Division of Martin County or simply referred to as the “Division” in this article will investigate the event. The Division is also authorized to impose reasonable restrictions on any dog involved in such biting or attacking incident.

Definition of Dangerous Dogs

In compliance with the provisions of Section 767.12, Florida Statutes, the Animal Care and Control Division of Martin County shall do the investigation into reported incidents of any dog that may be classified as dangerous.  The Division shall also interview the owner and require a sworn affidavit from any person who wants to have a dog categorized as dangerous.

A dog shall not be classified as dangerous if the threat, injury, or damaged incurred to a person took place when that person was unlawfully on the property, or even while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. In addition, no dog is classified as dangerous if the dog was protecting or defending a human being from an unjustified attack or assault.

The Animal Care and Control Division of Martin County shall, after the investigation, make an initial determination whether there is a sufficient cause to classify the dog as dangerous. Furthermore, according to Florida Statutes, Section 762.12:

(c)After the investigation, the Animal Care and Control Division of Martin County  shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The Division shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph.

(d) Once a dog is classified as a dangerous dog, the Animal Care and Control Division of Martin Countyshall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph.

(2) Within 14 days after a dog has been classified as dangerous by the Animal Care and Control Division of Martin Countyor a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the Division serving the area in which he or she resides, and the certificate shall be renewed annually. The Division is authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the Division sufficient evidence of:

(a) A current certificate of rabies vaccination for the dog.

(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property.

(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

The Animal Care and Control Division of Martin Countyis also authorized to impose a yearly fee for the issuance of certificates of registration stipulated by this specific section, as established by the resolution of the Board and a related late fee, in case the yearly fee is not paid on time.

The owner of a dog classified as dangerous shall also immediately notify theAnimal Care and Control Division of Martin Countyin case the dog is loose or unconfined, has bitten or attack a human being or another animal, is sold, given away or dies, and is moved to another address. The pet owner shall also give the contact information to the Division of the new owner of the dog, in case the dog is sold or given away. The new owner is required to comply with Florida Statutes, Section 767.12 even though the dog is relocated to another local jurisdiction within Florida.

The owner of a dangerous dog shall also ensure that the dog is restrained by a substantial chain or lease and is under control of a competent person if the dog is outside its proper enclosure. In case the dog is to be transported, it must be safely and securely restrained within a vehicle.

Hunting dogs are not classified as dangerous if they are engaged in any legal hunt or training procedure. Further, dogs engaged in training or exhibition in legal sports are exempt from the provisions provided that they are engaged in any legal procedures. Dogs determined to be dangerous shall not be used for hunting purposes. Dogs used by law enforcement officials for their work are exempt from this section.

Public Nuisance Dogs

Martin County has also promulgated an ordinance on dogs engaged in public nuisance. Dogs creating unreasonable annoyance or discomfort or sanitary nuisance shall be punished as provided for by law. Alleged violation shall be investigated as stipulated in Section 4 – 51:

(B) An animal care and control office shall investigate an alleged violation of this section only upon the receipt of three (3) sworn affidavits of complaint from three (3) individuals residing at different addresses in the vicinity of the animal(s) allegedly creating a nuisance. Such affidavits shall specific the address where the alleged offending animal(s) is(are) kept; the nature of the alleged act(s); the time(s) and date(s) of the alleged act(s); the name of the owner of the animal(s), if known; and a description of the animal(s).

(C)Upon the receipt of three (3) sworn affidavits of complaint as provided for in section 4-51 (B) and further investigation providing the animal care and control officer with probable cause to believe a violation of this section exists, an animal care and control officer shall issue the appropriate citation(s) to the owner of the animal(s) alleged to be causing the violation(s). At the reasonable discretion of the Division administrator, based upon the unusual location of a particular property, or circumstance, where an alleged nuisance-creating animal is kept, an animal care and control officer may rely upon only one or two sworn affidavits of complaint in conducting an investigation to determine whether probable cause exists for the officer to believe that a violation of this section has (have) occurred.

Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart Criminal Lawyer, talk to Stuart FL criminal lawyers at Law Offices of Van Riper and Nies Attorneys today!