A botched DUI arrest last month exposed that the agencies had conflicting policies about some patrol zones on the busy six-lane road. University, formerly known as county line road, has long been believed to be the county line, but actually weaves back and forth between the two counties.

The DUI case was dropped by a judge after a defense attorney pointed out that a Manatee deputy had improperly arrested the driver in Sarasota County.

So this month, the top brass at the two sheriff’s offices compared aerial photographs of University with the official county line superimposed on it, fine-tuning where each county’s deputies can make arrests and stop motorists.

Afterward, Manatee County changed its administrative orders to jibe with Sarasota County’s version of where each county’s deputies have jurisdiction.

“Apparently, they had not updated theirs when the highway was widened,” Sarasota County sheriff’s office Col. Steve Burns said.

This is actually a very common thing to look at in a DUI case. Was the arresting deputy in his or here jurisdiction. As you can see, if the answer is no the charges must be dropped.

If you’ve recently been charged with DUI in Sarasota, it’s time you talked with a defense attorney about your legal defense. Contact a Sarasota DUI defense attorney at Musca Law today for a free phone consultation.

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Eventually the driver, Janet L., is arrested for DUI. She is very familiar with the process as the deputy finds out on the computer screen. Janet has been caught driving under the influence 10 times in the past.

When Janet took a breathalyzer test on the Intoxilyzer 8000 machine she blew a .119, above the legal .08 limit. Now, a three judge panel in Hillsborough is evidence that the machine is not reliable. Experts say the machine has tested people who gave two samples, but the machine only reported just one result. The experts also found blood alcohol levels were reported without breath volume being recorded.

DUI expert witness Stephen Daniels says they have noticed hundreds of tests where people submitted breath samples and the machine gave a blood alcohol concentration with no breath volume. Daniels asks how the machine can show a result if nobody blew into the machine.

And while the breathalyzer the sheriff’s office uses has the same name as the one which was approved by the state in 2004, the software has been vastly different. In addition, there have been problems with the machine. Also, somehow the manufacturer has destroyed the original software, leading defense attorneys to say someone who is under the legal limit could actually be convicted of a DUI.

Daniels says it’s a little disturbing when you look into it and it appears to be one cover up after another.

Daniels says the state is working with the manufacturer to cover up the fact the machine being used is not on the DOT conforming product list. He says for a machine to be used by the state of Florida it has to be on the conforming product list.

And while Hillsborough judges are deciding if the machine is valid, a Sarasota judge is already convinced. Despite Janet’s 10 prior convictions, he tossed out her case, saying the state can’t prove the machine is accurate.

We contacted both the manufacturer of the machine and the Hillsborough Sheriff’s Office, but neither returned our calls.

This is really big news for anyone who’s been charged with DUI in Sarasota due to failing a breathalyzer. If the evidence can’t be used in court, then it’s like it never happened. If you’re interested in fighting your Sarasota DUI charge, contact our Sarasota DUI defense attorneys today for a free legal consultation.

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Yet, they are now investigators nonetheless.

They process an endless flood of information from deputies, citizens, confidential informants and other law enforcement agencies to look for common denominators that might help solve crimes.

Sheriff Tom Knight initiated the program — known as intelligence-led policing, or ILP — shortly after taking office more than two years ago, making his agency one of the scattered few in the United States to use it. European countries have already embraced the effort to more swiftly and effectively use data to crack crimes.

With conventional police work, “we focused on gun-toting, badge-carrying cops,” said Ernie Scott, a criminology professor at the University of South Florida.

Traditionally, police agencies tended to be “information silos,” frequently guarding their turf and not always cooperating or sharing tips, said Scott, a retired investigator with the Orange County Sheriff’s Office.

The 9/11 terrorist attacks abruptly altered that mindset, initially among federal agencies and then among local law enforcement.

The basic approach, Knight said, is to make better use of the efforts of deputies and detectives by having analysts go through every scrap of information to give officers viable leads.

“It’s just pure information sharing,” Knight said.

Members of the team sift the useful information from the insignificant to provide intelligence that deputies and detectives can use to not just identify and track down suspects, but also keep a close eye on prolific offenders and possibly anticipate and block their next move. Studies have repeatedly shown that, in a typical community, roughly 6 percent of the people commit 60 percent of the crime.

“It’s common sense,” said Lt. Charlie Thorpe of the sheriff’s investigations bureau. “But it’s having the time and the people to do it.”

‘Working smarter’

Jerry Ratcliffe, a criminology professor at Temple University and a former London police officer, spent two days at the Sheriff’s Office to advise Knight about getting the concept started.

“It’s about working smarter, not just harder,” Ratcliffe said. “It’s about focusing resources. In the end, there are only so many police officers.”

Law enforcement can tap into massive amounts of information from public and confidential sources, Ratcliffe said. “But you need analysts to sift through all that noise.”

Before ILP, administrators with other responsibilities gathered information and statistics. Yet by the time they summarized and shared it in a printed report, it could be weeks old.

“It was stale information,” Jarrett said.

Jarrett’s aim is to get the most up-to-date and useful information out as soon as possible throughout the agency, from the deputy on the beat to the courthouse bailiff to the jail guard snapping mug shots.

About eight months ago, deputies started reading and contributing to an ongoing blog on their desk computers or the laptop computers in patrolcars.

With that blog, which can include photos, and through frequent email bulletins to employees and other agencies, the analysts share what they call “actionable intelligence.”

For example, a corrections officer at the South County jail recently linked a suspect being booked on another charge to an armed robbery in Sarasota. The deputy noticed that the inmate’s tattoo matched what he saw that morning on the blog, a video surveillance photo showing the robbery suspect’s tattooed initials.

The analysts try to make deputies and other agencies aware of where previous offenders reside and what could be their next target or modus operandi.

What may seem to be a worthless tip for now could prove valuable later, Jarrett noted. “There’s all this information that we have to fit into the puzzle. It may not fit now but we hang on to it because it may fit later.”

Proactive policing

The goal is to recognize trends, anticipate crimes and more quickly capture suspects — not just respond after a crime occurs or a complaint is filed.

“It’s being proactive instead of reactive,” Wendy Rose, the department’s media spokeswoman, said.

Precisely what results can be attributed to intelligence-led policing is difficult to ascertain since other factors can help crack a case as well.

“Since this is a fairly new initiative, it would be premature to say ILP has caused crime to go down — but it has led to a number of arrests and the identification of prolific offenders,” Rose said.

For a combination of reasons, crime rates are down throughout the region.

For 2010, the Sarasota Sheriff’s Office reported a decline that was better than most, 7.4 percent. The previous year the office reported that crime in the unincorporated area declined 4.4 percent.

The Hillsborough and Pasco sheriff’s offices are now committed to intelligence-led policing, too.

“The Sarasota Sheriff’s Office was definitely on the forefront when they started this,” Ratcliffe said.

If you’ve been accused of DUI in Sarasota, contact a Sarasota DUI attorney at our firm today for a free legal consultation.

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Hoffman, tapped two weeks ago by the County Commission, announced his decision Wednesday morning, blaming difficulties with the state’s retirement system that were drawing out the confirmation process.

“I worked in the bureaucracy but it seems like the bureaucracy swallowed me up this time,” Hoffman said. “In fairness to the county, we should let them get on with their situation.”

Hoffman had been expected to be confirmed this morning once he and the county attorney worked out his salary and other details. County Commissioners offered him the temporary job after the resignation of Jim Ley over two weeks ago amid an ongoing scandal in the way the county awards contracts.

Deputy County Administrator Dave Bullock has been in charge of administrative duties for the past couple of weeks and will continue to do so until another interim administrator is chosen.

Most commissioners indicated they would prefer someone from the outside to manage the 2,000-employee county government to restore public confidence and implement fixes to county purchasing.

Candidates floated by commissioners on Wednesday include Terry Lewis, former North Port police chief, former Sarasota County Administrator John Wesley White, and current County Attorney Stephen DeMarsh.

Commissioner Joe Barbetta suggested Lewis. Commissioner Jon Thaxton said he is considering White and Lewis, and Commissioner Nora Patterson suggested DeMarsh, as well as Bullock.

Commissioners are scheduled to discuss the issue this afternoon, though they appear to be split on whether to make a decision today or to wait a couple of weeks to make up their minds.

Hoffman said he was disappointed that he could not work out the issues with the state’s retirement system. He said he had planned on examining the problems with several contracts, including one for canal clearing that the Herald-Tribune reported on earlier this week.

The state wanted to move him into a retirement bracket that would earn him less benefits, Hoffman said, and if the Sheriff’s Office were to make up the difference he would be put in a higher tax bracket. The back-and-forth with the state to resolve the issue was dragging on too long, Hoffman said.

Commissioner Christine Robinson, a personal friend of Hoffman, blasted the state retirement system for holding up the process, calling them “bureaucratic obstructionists.”

“Instead of trying to find solutions, they started out with the mentality of “no” and then decided to punish the Sheriff’s Office for offering Maj. Hoffman’s help,” she said.

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The woman, Kellie G., was one of two Southwest Florida women killed Saturday while riding bicycles. Earlier, a 46-year-old woman died along the Sanibel Causeway when she was knocked off the bridge by a truck and into the water.

Kellie was traveling south on the shoulder when she veered into the right-turn lane and into the path of a 1997 Jeep Cherokee driven by Rachel R., 22, according to the Florida Highway Patrol.

Rachel was cited for driving with a suspended license, according to an FHP report.

Kellie had a rather extensive criminal history.

She was charged with felony DUI in Sarasota County in 2008 for a third DUI offense in 10 years.

Her arrest record also included charges of aggravated battery, grand theft, and possession of narcotics equipment in Lee County and Albuquerque, N.M.

Kellie was the second female cyclist to die on Lee County roads Saturday.

Fitness instructor and runner Tracey K., 46, was riding a bicycle on the Sanibel Causeway toward the island with her husband, Gordon, when she was struck by a 2002 GMC truck driven by a Bokeelia woman.

The driver was headed away from Sanibel Island when she drifted into the southbound lane and onto the paved shoulder at about 10:40 a.m.

Tracey was thrown over the guardrail and into San Carlos Bay, where boaters retrieved her and brought her to shore.

Medical crews pronounced her dead at the scene, according to an FHP report.

RIP – Sarasota DUI attorney

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The commissioners previously appointed Elmer Berkel as chairman of the Independent Police Advisory Panel, which will review department policies and make suggestions. Berkel and City Manager Bob Bartolotta recommend eight nominees for the four remaining positions on the panel:

– Wayne Genther

– Kelvin Lumpkin

- Andrew Dorr

- Gregory Orenec

- Eileen Walsh Normile

- Debra Anderson

- Sandreanna Everett

- William Fuller III

The commissioners previously appointed Ron Riffel as chairman of the Complaints Committee, which will review how the department handles grievances filed against officers. Riffel and Bartolotta are asking the commission to consider the following eight nominees for the remaining four seats on that committee:

- Frank Brenner

- Fred Doery

- Hal McDuffie

- Jerry Meketon

- John Rivers

- Dedra Anderson

- Sandreanna Everett

- William Fuller III

The commissioners decided to establish the boards after an officer was accused of using excessive force on a suspect at the county jail and the previous police chief resigned.

Are you seeking the services of a Sarasota DUI lawyer? If so, call 941-916-3627 to schedule your free and confidential consultation with a defense attorney at Musca Law now.

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But today, Sarasota will begin installing high tech parking meters to charge for about 460 spots in the downtown core. By mid-May, most will charge $1 per hour Monday through Saturday, payable by cash and credit card.

Those who do not pay will be slapped with a $25 fine, which parking enforcement, armed with new technology, promises to rigorously collect.

For those willing to stretch their legs, there will remain cheaper long-term parking in several downtown lots and more than 650 free spaces blocks from Main Street.

The installment marks an end to a parking fight merchants waged two years ago against city officials, who say that charging for parking will clear up the downtown bottleneck and keep commerce flowing.

Still, downtown leaders have their fingers crossed as Sarasota seeks the paid parking sweet spot: A revolving door of money spenders and a couple vacant spots on every block.

It is economics 101. Keep the supply of spots near demand, determine what people are willing to pay and let the market keep the parking, and spending, moving.

If the equation is not right, city officials say they will adjust by 50 cents up or down next year.

While some downtown leaders are fearful that parking fees could strangle Sarasota’s fragile economy, the research suggests Sarasota will be just fine.

What do you think?

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In reality, the $26 million does not reflect the true cost, because other city departments support the SPD. These include costs for human resources, payroll, some legal fees and purchasing, which are absorbed by other departments. Conversely other city departments make money off the SPD. The department pays $200 to the public works department for an oil change on a cruiser, for example. Determining the true cost of the department is virtually impossible.

The city finance department estimates the actual cost for the SPD is a figure of approximately $31 million, or nearly twice the amount of money raised by property taxes.

This $31 million figure does not include amortization of the new $50 million police headquarters on Adams Lane.

If the building lasts 50 years, you can add an additional $1 million per year (to simplify things) to the annual cost of the SPD.

How are similar municipalities doing?

This is tricky. An oranges-to-oranges comparison is nearly impossible. The Bradenton Police Department, for example, has one K-9 unit. Sarasota has four. Fort Myers has one police boat; Sarasota has two, but only one maritime officer. Does the Bradenton PD budget include purchasing and human resources? Does Fort Myers have a bomb-squad robot? City police departments are not identical.

But some basis of comparison is possible. At the request of the Police Review Panel, the city’s finance department studied other jurisdictions – overall population, number of sworn police officers, overall police budgets, crime rates and calls for service – in fiscal years 2009 and 2010. It tried to winnow their budgets down to a common denominator.

The cities of Bradenton, Delray Beach, Ft. Myers, North Miami, North Port and Pensacola were studied, among others. Populations ranged from Sarasota’s 53,160 up to Ft. Myers 68,819. Most are coastal communities.

Sarasota’s crime rate was the second highest of the cities evaluated (77.0), while Bradenton’s was 52.9. Pensacola was 58.2 and Ft. Myers was 60.3. Only North Miami was higher at 77.8. Bradenton Mayor Wayne Poston was recently heard boasting that for the first time, his city had a lower crime rate than Sarasota.

Most telling was the number of sworn officers per 1,000 in population. Sarasota was at the top with 3.3, Bradenton was 2.2 and Ft. Myers was 2.6. North Miami was 2.19. In other words, Sarasota is fielding half-again as many officers per capita than similar sized and situated Florida cities.

The trickiest issue is cost. City police budgets vary wildly, depending on what’s included (who changes the oil?). The Sarasota City Finance Department tried to answer that question, cutting to the core services only. It is an admittedly rough estimation of costs, but the only one attempting an apples-to-apples comparison.

Their analysis showed Bradenton PD’s budget is $11.9 million, and Sarasota’s is $25.5 million – more than twice as much. The two cities are virtually identical in area and population. In the cost per person, Bradenton citizens pay $220.30 each for their police; Sarasota citizens pay $480.18.

North Miami, with the highest crime rate of the cities surveyed, pays $393.11 per person. Ft. Myers has a $29 million police budget, with 48,819 citizens, for $422.78 each.

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On many levels the cities of Sarasota and Bradenton are rivals. Similar in geographic size and population, the two vie to top each other. But for decades, Sarasota’s claim to the lowest crime rate was unchallenged. Until last year, when Bradenton Mayor Wayne Poston began bragging his crime rate – for the first time in memory – was lower than Sarasota’s.

An analysis by the City of Sarasota’s Finance Department backs Poston up. In an analysis for the city’s Police Review Panel, the department compared eleven Florida cities of comparable population of a variety of benchmarks, including the crime rate per 1,000 people. Using figures from the Florida Department of Law Enforcement (FDLE), it showed Bradenton’s crime rate at 52.7 and Sarasota’s at 77.0. In fact, Sarasota was the second highest of the cities surveyed, coming only below North Miami’s 77.8.

Part One of this series saw arrests and jail admissions fall in the City of Sarasota by sizeable fractions year over year. The SPD’s own figures detailed a 23.8 percent decline between 2009 and 2010 for total arrests. An analysis of jail admission figures by Sarasota Patch found a 26 percent decline in the same period.

“Yes, arrests are down,” said Police Chief Mikel Holloway. “But we don’t necessarily look at that as a bad thing. I would like to think we’re doing a fine job.”

Holloway was joined by three captains in an interview at a sixth-floor conference room of the brand new Sarasota Police Headquarters overlooking Payne Park. Capt. Paul Sutton, head of the administrative division said, “There’s never been a problem we could arrest our way out of.”

In years past the Sarasota County jail was filled with repeat offenders, mostly alcohol and drug abusers. Sutton said a number of rehabilitation programs with surprising success rates and beginning to slow the revolving jail door. “The fact that arrests are down isn’t necessarily bad news,” he said. “If they are not doing that anymore, it’s a great improvement in the community.”

He produced an analysis showing Sarasota City Police officers outperform other agencies. Using sheriff’s department data, Sutton said each officer in 2010 was responsible for 16.7 jail admissions, compared to 12.8 for sheriff’s deputies and 10.5 for the Venice Police Department.

Sutton used 2009 FDLE statistics to compare Sarasota with Bradenton, with the SPD making 26.2 arrests per officer while Bradenton Police made 20.7 arrests per officer. Sarasota County Sheriff’s deputies averaged 17.8 arrests. “We out-produce those other agencies,” said Holloway. “It ain’t bragging if you can back it up.”

Sutton said comparing Sarasota to Bradenton is an artificial assessment. “We have 30,000 part-time residents in this city. We have thousands of tourists, while Bradenton is not a tourist town, and we have thousands of county residents who come to Sarasota every day to work,” he said. “Unlike Bradenton, we have a lot more people to take care of than just the census population.”

Holloway’s force is 13 officers smaller following two years of force reductions. “These guys are working really hard,” said Holloway. Patrol Captain Lucias Bonner said, “Our philosophy under Chief Holloway has changed. It’s now community policing. And I’ve seen some changes already.”

Holloway is a Sarasota native and a near-30-year veteran of the force. He is the city’s latest police chief, replacing Peter Abbott last year following a widely publicized prisoner-abuse scandal.

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At least four of the five commissioners must be in favor of each selection.

The following have applied to be chairperson of the Independent Police Advisory Board:

- William Fuller III

- Andrew Dorr

- Elmer Berkel

- Jerry Meketon

- Kelvin Lumpkin

- Gerald Elden

- Debra Anderson

- David Ferdinand

The advisory board will review crime data and broad issues, such as homelessness. It is not to interfere with daily operations.

The following have applied to be chairman of the Police Complaints Committee:

- William Fuller III

- Billy Phillips

- Michael Shelton

- Debra Anderson

- Ronald Riffel

- David Ferdinand

Applicants who are not chosen as chairpersons will be considered for four vacant seats on each of the respective panels in April. The new chairpersons and City Manager Bob Bartolotta will review their information and make recommendations to the commission.

Last summer, video showing an officer’s mistreatment of a Latino man under arrest sparked concerns about how city police treat minorities.

A citizens committee suggested the commission create the two panels to improve the department’s image and its relationships with the community.

The City Commission convenes at 2:30 p.m. at City Hall, 1565 First St.

Content brought to you by the Sarasota DUI lawyers at Musca Law. If you have been charged with DUI in Sarasota or a surrounding area and wish to fight the charge, call 941-916-3627 for a free and confidential consultation. We have over 100 years of collective experience defending people like you.

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