Romero Britto v. Ofc. Soccarras - Same Police Report For Every DUI Stop?

Miami Beach Brazilian-born artist Romero Britto whose pervasive paintings and sculptures embellish the walls from Metrorail stations to malls, has been arrested on a DUI charge.

Britto an accomplished artist rose to acclaim in South Florida due to his paintings of figures and animals in bold and vibrant colors, outlined in thick black. His style often combines neo-pop and cubism, which engage in numerous mediums, to include serigraphs, and acrylic on canvas sculptures. He has been accredited for creating images for Pepsi-Cola, Absolut Vodka, the Smithsonian Institution, St. Jude's Hospital and St. Christopher's Children's Hospital.

Miami Beach Police stated that Britto's black 2001 Bentley crossed into the left lane on more than one occasion, that he had almost struck another vehicle while driving in the 500 Block of Washington Avenue. Officer P. Soccarras the arresting officer administered on the scene breathalyzer tests which recorded that Britto was twice the legal limit. Soccarras also noted that he described Britto as having "a flushed face, bloodshot watery eyes, slurred speech, and a strong odor of an alcoholic beverage on his breath." Furthermore "he did not perform the standards" during the roadside sobriety check.

A roadside sobriety check consists of challenges relative to the driver's physical coordination, mental alertness, and the ability to follow instruction. It is believed that if a driver has a blood alcohol concentration of about .08% then he/she will not be able to pass the test, and the presence of too much alcohol or drugs in the body significantly impairs a driver's mental and physical abilities. These tests are conducted on the side of the road or highway by where the driver was pulled over.

If you or someone you know has been charged with a DUI in Florida, you should know your rights and retain an experienced and skilled defense lawyer to evaluate your case. The penalties for Driving Under the Influence of alcohol and/or drugs are extremely severe which can include jail time, costly fines, and a lengthy driver's license suspension. When you are granted the privilege of having your driver's license reinstated, you could end up paying an astronomical amount in insurance premiums.

Contact KUVIN Law before exposing yourself to unyielding penalties. Lowell Kuvin is an aggressive and experienced Florida DUI Criminal Attorney who knows how the system works and how to build a felicitous defense for you.

Broward judge rules Breathalyzer results invalid in bellwether DUI case

FORT LAUDERDALE - Because a state inspector was fired for monkeying with breath-testing machines, a Broward County judge ruled Friday that results from one of the devices cannot be used as evidence in a drunk-driving case before him.

Defense attorneys say County Judge Lee Jay Seidman's ruling is a bellwether that will likely be followed in an estimated 500 to 1,000 other pending DUI cases in Broward County. That could mean reduced charges, and possible acquittals, in many instances.

Concerned that drivers who drink too much might not be held to account, and that more road accidents, injuries and deaths will result, the Broward State Attorney's Office said it would appeal Seidman's ruling.

The breath-machine fiasco came to light with the Florida Department of Law Enforcement's firing of Sandra Veiga last October.

While local law-enforcement agencies perform their own monthly inspections of the devices, FDLE is responsible for conducting annual inspections to certify their accuracy.

For about two years, Veiga was the FDLE employee in charge of annual inspections for all Broward County breath-testing machines. She also tested machines for Miami-Dade and Monroe counties.

She admitted that she turned off power to machines that looked like they were going to fail inspection. A failure could have indicated a malfunction.

Veiga's actions, defense attorneys say, cast grave doubt on the machines' reliability -- and mean any reading they gave indicating a driver had consumed too much alcohol --- is worthless as evidence.

At a Tuesday hearing before Seidman, defense attorney Carlos Canet led the charge to throw out breath-alcohol tests performed on drivers in Broward County during Veiga's tenure with FDLE. He acted on behalf of his client, Richard Medina, and 32 other attorneys representing more than 150 clients facing prosecution for drunk driving.

In Seidman's ruling, the judge ruled that the integrity of the machines under Veiga's care and control had been "fatally compromised" and "evidence gathered under such troubling circumstances" could not be presented to a jury.

Ron Ishoy, spokesman for the Broward State Attorney's Office, said the machines are "extremely accurate," have never been proven to be otherwise, and that the office would file an appeal.

"The ultimate effect could be that numerous impaired drivers may not be held accountable for their actions and end up killing or hurting innocent people," Ishoy said.

He said prosecutors could not approximate how many cases could be affected, adding that some of the prosecutions could be pursued with evidence other than breath-testing results, such as testimony from police and video of field-sobriety tests.

FDLE spokeswoman Heather Smith said the agency takes its responsibility to conduct and document inspections of the breath-testing machines "very seriously."

"We are confident that no breath tests used in DUI cases in Broward County were affected by the actions of Ms. Veiga," Smith said. "All of the Breathalyzers in Ms. Veiga's coverage area were independently tested and verified to be functioning correctly."

Mindy Solomon, the chief assistant in charge of county court for the Broward Public Defender's Office, said her office has 45 clients whose cases could be dismissed. Seven of those cases are pending before Seidman.

Seidman's ruling will apply to similar DUI cases pending before him, Solomon said.

"Now every other judge has to rule," she said.

County Judge Kathleen Ireland is expected to be the next judge to weigh in on the controversy Aug. 28.

Troopers plan sobriety checkpoint Friday in Oakland Park

By TOLUSE OLORUNNIPA
tolorunnipa@MiamiHerald.com

The Florida Highway Patrol will set up a roadside sobriety safety checkpoint Friday in Oakland Park.

Troopers stationed at Oakland Park Boulevard and Northeast 17th Avenue will check for alcohol- and drug-impaired drivers and enforce equipment violations, driver's license and registration laws, FHP spokesman Sgt. Mark Wysocky said.

Wysocky urged motorists to use caution when approaching the checkpoint because Oakland Park Boulevard is a busy road.

DUI Cases Might Be Thrown Out

Broward defense lawyers declare Breathalyzer results invalid in DUI cases
State inspector fired after she foiled routine tests to ensure devices' accuracy

By Lisa J. Huriash

South Florida Sun Sentinel

6:33 PM EDT, August 18, 2009

FORT LAUDERDALE

Scores of pending drunken driving charges and past convictions are at stake in Broward County as defense lawyers try to get results of breath-alcohol tests thrown out.

At a court hearing Tuesday, defense attorney Carlos Canet said Breathalyzer machines had been handled improperly and therefore, the results they obtained were not admissible as evidence.

But state prosecutors and law enforcement officials said there was nothing wrong with the devices, just with the one person, a state inspector, who had been handling them. And she has been fired, they said.

Last October, the Florida Department of Law Enforcement, which is responsible for certifying the accuracy of the testing devices, fired employee Sandra Veiga for turning off power to three breath-testing machines in Miami-Dade County when it looked like they were going to fail inspection.

That failure may have indicated a malfunction, Canet said. And because Veiga was in charge of 79 Breathalyzers used in Broward, Miami-Dade and Monroe counties, results from all of them are suspect, he said.

"She just did it three times?" Canet said. "Who are they trying to kid?"

Mindy Solomon, chief assistant in charge of county court for the Public Defender's Office, also voiced concerns in an interview.

"If the machine did not pass their monthly maintenance inspection, that means the argument would be the machine didn't work right," Solomon said. "If the machine didn't work right, the Breathalyzer test is invalid."

But Heather Smith, an FDLE spokeswoman, said no DUI tests performed on actual drivers were affected.

"There were no concerns with the Breathalyzer itself. This was a concern with an operator not following procedures properly," Smith said.

Broward Circuit Judge Lee Jay Seidman is expected to rule within days in the case of Canet's client, who is charged with DUI. But a consortium of defense attorneys videotaped Tuesday's hearing so other judges can view the testimony and make their own decisions for upcoming cases. Canet said he was acting on behalf of 30 other private defense attorneys representing 125 clients facing prosecution for drunken driving.

As well, he said, some older cases that have already led to convictions should be reopened and scrutinized.

Lisa J. Huriash can be reached at lhuriash@sunsentinel.com or 954-572-2008.

Copyright © 2009, South Florida Sun-Sentinel

Miami DUI Trial Update - NOT GUILTY

We recently tried a DUI case which originated from the Miami Beach police department. In this case the officer testified that he witnessed our client swerving and driving erratically at 3:30 am on Washington and 17th Street. The officer was deposed prior to trial (our office filled a motion for a deposition which the court granted) and testified that the traffic was light the evening of the incident.

However, through our pre-trial interview with our client and subsequent investigation we were able to prove at trial that the officer was not exactly truthful. It seems that the night of the incident, the Winter Music Conference was taking place on Miami Beach and the traffic was bumper to bumper.

After the trial I was able to speak with the jury foreman who shared with me that once it was shown in cross examination that the officer was not being honest about the reason for the initial stop everything else he testified to was dismissed as untruthful by the jurors.

Contact our office so we can help you too.

Lowell J. Kuvin, ESQ

Tel: 305.358.6800

22 NE 1st Street Suite 201
Miami Florida 33132

Attorney accuses suspended Hollywood police officer of lying in DUI case

HOLLYWOOD - An attorney says a Hollywood police officer who was suspended recently amid allegations he was involved in a crash cover-up lied during a deposition in his client's DUI case.

Miami attorney Robert Reiff is fighting to have the charges against his client, Steven Berglund, dropped because of the issue.

Reiff says Hollywood Police Officer Dewey Pressley gave sworn testimony that his traffic stop of Berglund on Aug. 26, 2008, was not recorded on his police car's dashboard camera when, in fact, it was.

"The officer stated that he did not record the investigation or Mr. Berglund on his in-car video camera because the camera equipment was broken. ... However, having previously requested and obtaining a copy of the video, counsel knew this to be incorrect," Reiff wrote in court documents filed Wednesday.

Reiff also wrote that had his client been aware of the cover-up allegations against Pressley, he would not have accepted a plea deal from prosecutors on July 9.

Berglund, 43, pleaded no contest to the charges against him in exchange for a reduced sentence that includes three years' probation, 30 days in the county jail and a 10-year suspension of his driver's license.

He had been charged with damaging property while driving under the influence, driving without a valid license, failing to yield the right of way, lacking personal injury insurance and failing to display a valid vehicle registration.

The cover-up allegations against Pressley stem from a DUI arrest that happened in February, but they first became public two weeks ago.

Broward Chief Public Defender Howard Finkelstein leaked a copy of the police dash-cam video that recorded officers discussing how they were going to falsify a crash report to protect a police officer involved in a rear-end collision.

That night, Hollywood Police Officer Joel Francisco hit Alexandra Torrens-Vilas' vehicle on Sheridan Street with his patrol car. Neither Francisco nor Torrens-Vilas was seriously injured in the collision.

Police estimated the damage to the police car at $3,000, according to a crash report.

Prosecutors dropped DUI charges against Torrens-Vilas, whose breath-alcohol test readings were about .15 -- nearly twice Florida's legal limit for motorists -- days after the police video become public.

Prosecutors said the video presented potential problems with the police version of events.

Police Chief Chad Wagner has launched an internal investigation into the matter and suspended Pressley, Francisco, Sgt. Andrew Diaz, Community Service Officer Karim Thomas and Crime Scene Technician Andrea Tomassi.

Prosecutors and public defenders, as well as private attorneys, have been reviewing their pending and past cases in which the police employees were involved to see whether any cases should be dropped.

So far, prosecutors have dropped charges against two juveniles because of Diaz's role in the cases and the current questions about his credibility, officials said. The specifics of those juvenile court cases are not public.

Miami DUI Lawyer Simple Tips!

It's starting now. Police agencies all over South Florida are setting up roadblocks, and putting officers on overtime, to make as many DUI arrests as possible. Hopefully, the tips below will come in handy for you.
1. If you drive in South Florida at anytime during the year, and you plan on having a cocktail or two, make sure you know where your license, registration and proof of insurance are. South Florida Police DUI officers historically write in their DUI reports (putting only facts that harm you in them) that the suspect "fumbled for his wallet" and couldn't find his registration. They use this to try to show you were impaired. Be prepared.
2. When you get signaled by the police officer to pull over for a DUI assessment, do so immediately and safely. Roll down your window and put your hands on the steering wheel.
3. If a police officer asks you if you know why you are being pulled over, remember you don't have to answer. What a dumb question! He knows why he is pulling you over. He is pulling you over to assess you for drunk driving, and he's using the fact that you might have committed some minor vehicle code violations as an excuse. Don't make any admissions to him. So, you can just ask him, "no, why?"
4. The next question the police officer is likely to ask is, "Have you had anything to drink tonight." Remember your rights? You are not required to speak to officers. I know, I know, you think, "But if I don't talk to the officer, he will be mad." Let him be. You are not at a social gathering; he is not invited to your next birthday party. So don't worry about how he feels. He is collecting evidence against you. Don't give him any. It is best to say, "Officer, I appreciate what you do for a living, but I don't wish to answer any of your questions." You do NOT have to answer. The less from you he gets, the better for you in the long run. He is gathering evidence. But, you say, maybe he will let me go if he knows I'm being honest with him. NO. Most people who are pulled over and have alcohol on their breath get arrested. It's just a fact of life. Don't give him anything to put in that report that he can use against you later.
5. He may then say, "I'd like you to complete a series of tests for me." Again, let him know that you do not wish to participate in any tests. You are not required to comply. South Florida DUI officers try to give a series of field tests to determine if you are impaired. I have NEVER known any officer to do these as per the standardized protocol. Cops learn how to do these tests, and then promptly forget them, making up their own "tests." Do not do them. Do NOT let the officer collect more false "evidence" against you. Just reiterate that you do not wish to perform and tests. It's your right.
6. The South Florida investigation officer may then tell you he wants you to take an infield breath, hand held, breath test. Do not take this "test." It is unreliable, and regularly exhibits blood alcohol numbers higher than what you really are. The cop really, really wants you to do this now, because you have made no statements, and you have refused his field "tests." He wants this badly. He NEEDS some evidence. Do not do it. You are NOT required to blow into the little hand held machine.
7. The officer will most likely arrest you, cuff and take you downtown. You will then be informed that you must take a breathalyzer test or your license will be suspended for a full year. The officer will read you your Miranda rights and ask you to sign the form. If you signature looks anything like mine normally does, it will be used against in you in court as an example (albeit, arguably false) of your intoxication.
You will have a bond hearing the next morning or if you have someone who can bail you out that night (bail is usually set anywhere from $500 to $1500) you can get out sooner. Upon your release you, or your lawyer, must call the Department of Motor Vehicle within ten days of the arrest to secure a hearing to determine whether or not the DMV will take your license. Do not miss this deadline or you will be suspended automatically.
So, be careful. Don't drink and drive if you can help it. Drive safely. Don't talk to cops. Be polite, but do not let them gather inculpatory evidence against you. And when you get home call this Miami DUI Defense lawyer.