Z Law Firm

On December 11, 2015, an Orlando man was arrested for a felony charge of Possession of Methamphetamine .   The resulted from a traffic stop as the Orlando man was exiting an Orlando area 7-11.   Orlando police officers claimed that they had stopped the man’s vehicle for failing to come to complete stop as he was exiting the convenience store parking lot. According to the arrest affidavit, Orlando Police Officer Shelby Riggs-Hopkins wrote that she “observed in plain view a rock like substance on the floor board where his feet were.”   When questioned about what was found, the man advised that what she was looking at was sugar from a Krispy Kreme donut.   This eleven-year veteran of the Orlando Police Department retrieved the observed substance and conducted a field test.   The substance produced a positive result for amphetamines.   When questioned further about the substance, the 64-year old man advised Officer Riggs-Hopkins that the substance was...

The Winter Springs Police Department is currently being investigated for a program where Officers were rewarded for meeting and/or exceeding citations issued and arrests made during a week in September.  During the weekend of September 10th, more than 100 citations, warnings, and arrests were made.  A discovered internal handwritten memo titled, "Delta Shift Weekend Competition" offered points to the officers for cases ranging from a traffic ticket to a DUI arrest.  The winner of the contest would be able to "float" for a pay period and would get a surprise. On July 1, 2015, Florida Governor Rick Scott signed a law that forbids local governments from having traffic ticket quote programs.  Many believe that this law ensures transparency in government and prevents the exploitation of motorists.  This investigation into the Winter Springs Police Department being conducted by WFTV News 9 could create issues for the agency. If you were issued a civil traffic infr...

Florida Senate Bill 228 was drafted as an act relating to mandatory minimum sentences.  On October 1, 2016, it was enacted into law by amending Florida Statute 775.087.  The amendment deleted aggravated assault from the list of convictions which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a firearm or destructive device.  It also deleted the term aggravated assault from the list of convicts which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a semiautomatic firearm.

The Florida Legislature has enacted an act making it a crime to threaten terror or acts of violence towards public officials.  Senate Bill 436 was signed into law and created Florida Statute 836.12.  This statute defines the terms "family member" and "law enforcement officer."  Senate Bill 436 also amends Florida Statutes 790.163 and 790.164 by creating the crime of falsely reporting the use of firearms in a violent manner against a person or persons.

Claudio J. Poillot was serving a 48-month prison sentence for a felony conviction.   While in state custody and being housed at the Kissimmee Community Center, Poillot began employment with a construction company, JS & Son Construction Services through the work release program.   The work release program permitted Poillot to work outside of the correctional facility from 6:00 a.m. to 6:00 p.m., Monday through Saturday.   On July 29, 2014, he left the Kissimmee Community Work Release Center and timely reported to work at JS & Son Construction.   Shortly thereafter, Poillot left his place of employment without permission and was unaccounted for until he timely returned to the work release center before 6:00 p.m.   Upon his return, Poillot was arrested and charged with escape pursuant to Florida Statute §944.40.   Subsequently, the trial court granted Poillot’s Motion to Dismiss and the State appealed. The Fifth District Court of Appeals reversed...

A Florida DUI case was reversed following the Second District Court of Appeals conclusion that the circuit court had applied the wrong standard of review. A Sarasota man was arrested and charged with DUI .   Law enforcement made the arrest for DUI based on their assessment of the man’s level of intoxication during the traffic stop.   The officer testified that the defendant smelled of alcohol, was slurring his words, and had bloodshot and glassy eyes.   The defendant admitted to have been drinking, but advised that he had only one beer and one shot. A Motion to Suppress was filed on the basis that law enforcement did not have probable cause to make the arrest for DUI .   The key piece of evidence was a dash camera that recorded the encounter.   The county court judge agreed that the video contained no indication that the defendant had slurred speech or was impaired and granted the motion.   The State appealed to the circuit court which rev...

DUI laws in the State of Florida and across the country were shaken upon following the United State’s Supreme Court’s ruling in Birchfield v. North Dakota .   The issue that was presented was whether in the absence of a warrant, may a state statute criminalize an individual’s refusal to submit to a blood alcohol test. In the State of Florida, refusal to submit to a breath, urine or blood test can be considered a criminal misdemeanor according to Florida Statute §316.1939.   Pursuant to section 316.1939: Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932 , and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and: (a) Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic ...