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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

State v. L.; Judge: Gregory P. Holder; William Fuente

FACTS: The defendant was charged with his third DUI charge within a ten-year time span. This aggravates the charge from a misdemeanor to a felony with a possible maximum sentence of 5 years in the Florida State Prison System. The defendant was witnessed driving his vehicle toward the Dale Mabry entrance of Macdill Airforce Base. He approached at a high rate of speed, and swerved abrupty before he reached the gate. After he stopped at the gate he asked the Military Police Officers (MP) whether this was "the way to Gainesville". The military police officer claimed that he could smell a distinct odor of an alcoholic beverage on the client's breath. He also observed that our client's eyes looked watery and bloodshot, and his speech was very slurred. The MP then ordered the client to turn off the vehicle and hand him the keys. After he received the keys the MP placed spike strips behind the client's vehicle. A few moments later the client jumped from the driver's seat to the passenger's seat, and claimed that someone else had been driving. Pursuant to Florida Statute 901.15(10) the military police officer called the tampa police department, and filled out an affidavit describing his observations. A tampa police officer arrived on scene and arrested the defendant after he refused to perform all sobriety tests.

DEFENSE: There have always been discussions among attorneys in the tampa area about the legality of stops made by the military police at MacDill Airforce Base. Many believe that the military police can stop suspects pursuant to Florida Statute 901.15(10). However, 901.15(10) requires that the military police officer make his observations "on federal military property".

Initially, we filed a Motion to Dismiss the charge claiming that the initial detention of the client was unlawful because the stop occurred on federal property. What made this property special was the fact that it had been deeded to the federal government by the State of Florida in 1950. The federal government retains exclusive jurisdiction over any crimes that occur on property transferred in this way. In response to the Motion to Dismiss the State Attorney in his traverse, swore under oath that the Dale Mabry guard gate sits on municipal property owned by the city of Tampa. Our office in turn filed a second motion to suppress the stop of our client because Florida Statute 901.15(10) requires that the military police officer witness our client on "federal military property". Hillsborough County Circuit Judge William Fuente ruled on our Motion to Suppress. In deying the Motion for Re-hearing the Court stated that the military police officers had discretion to defer the investigation to civilian authorities, "regardless of the status of the property at the gate, be it city property or federal property". Subsequent to the Court's ruling we entered further negotiaitions with the State Attorney's Office. Ultimately, the State agreed to reduce the FELONY DUI charge to a MISDEMEANOR in exchange for a waiver of our right to appeal the jurisdictional issues involved in the above motions.

RESULT: The felony dui charge was reduced to a misdemeanor DUI occurring outside of a five year time span. As a connsequence, our client avoided not only a possible State Prison Sentence, but also a mandatory Hillsborough County Jail sentence. In our opinion all stops made by miilitary police officers at the Dale Mabry guard gate pursuant to 901.15(10) are unlawful, and should be challenged in the future.

If you want to learn more about DUI visit our website at tampadefenseattorney.com, or tampadefenseattorneys.com or call us at 813-228-7095.