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DUI Ignition Interlock in Florida, All about DUI’s?

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“Make no mistake there is always money attached to legislation that moves toward expanding or developing or implementing any device”, says Don Pumphrey, Jr., Owner and Founder of the Pumphrey Law Firm located in Florida’s Capital City, Tallahassee. This is a campaign that’s being pushed for mere safety?  One random company touts preventing over 4 million “illegal” starts since 1992 yet in the same paragraph give a disclaimer that nothing is 100%.

“Here is the straight.  The ignition interlock is a deterrent or a safety device?  Most persons who are required to use the ignition interlock device have been driving for days, weeks, months without the ignition interlock device, only to have it statutorily mandated as punishment?  These DUI ignition interlock laws and devices have been around for quite some time, where is the new research?    If it truly has the backing of safety and not monetary gain, I am all for anything that benefits each of us in society.”

Why isn’t there a marketing campaign pushing these devices on the largest group of our society that is immature, has a drivers license (or ability to apply for one) and is at highest risk?  This group would be persons ages 16-28 or the new “Uber Generation.”  “Who in the DUI world does the interlock truly benefit?  Show me the numbers. Show me it is about reducing drinking related traffic incidence.  I’m all ears.” adds Pumphrey, Jr. “Maybe we should look to current experts in the areas of human factors and look for your information from www.nhtsa.org  even better yet, request an opinion from an expert like Don Fournier, a licensed engineer and expert in reconstruction with Forensic Engineering Technologies. Reach out to someone like Dr. Justin Morgan at F.E.T. and see if they can point you to an opinion as to whether this is indeed a reliable safety device given any empirical research provided.”

The ignition interlock in Florida is a measure for money not for safety.  There may be collateral safety attached sufficiently to shoot the locks off the wallet of the legislature, but the real reason for the device is financial. In the end, it is my humble opinion is that the manufacturer is pushing a product to make money on DUI’s, not preventing DUI’s.

Penalties for DUI in Florida

Whether people were celebrating victories or wallowing in bitter defeats of College Football, socializing with friends, or simply grabbing a drink after work, arrests for alleged drunk driving  can turn fun into months of incredible stress. Convictions can result in serious penalties, even if it is your first criminal offense.To avoid costly fines, having your driving privileges suspended, and the possibility of time incarcerated, you need the assistance of an experienced Tallahassee criminal defense attorney with experience litigating DUI offenses on behalf of clients throughout various areas of Florida, including Leon County and Jefferson County.

Resources

https://www.google.com/?gws_rd=ssl#q=ignition+interlock+site:nhtsa.gov&*&spf=612

Studies About the Ignition Interlock: https://www.google.com/?gws_rd=ssl#q=ignition+interlock+site:nhtsa.gov&*&spf=612

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The Day The President Said My Client Wouldn’t Die In Prison

Tuesday, January 17, 2017

Brian Tannebaum attorney

Attorney Brian Tannebaum


In my estimation, there are five things that are icing on the cake for any lawyer who practices criminal defense. 1. An acquittal in a death penalty case; 2. A reversal of a death sentence on appeal; 3. An invitation to argue before the United States Supreme Court; 4. A declaration of the client’s innocence after conviction; and 5. A Pardon or Clemency from either a Governor or President of the United States.

All five are rare occurrences, and a lawyer can go through their entire career, never doing any of the five, and have the reputation as one of the best.

President Obama wanted to review the sentences of federal prisoners who were given lengthy sentences for non-violent offenses, mainly drug offenses. (No, I’m not interested in a debate over whether drug possession or sale is a violent offense.) As a result, Clemency Project 2014 was created.

This was an “all hands on deck” operation. In the end, 16,000 petitions for Clemency were reviewed by the Pardon Attorney, and as of today, a little over 1300 have been granted. Clemency is not always a Pardon, in fact in most cases it is a commutation, meaning a reduction in sentence. The conviction remains, it’s just that someone sentenced to life, may instead serve 15 or 20 years. Under President Obama’s grants, some had to enter drug rehabilitation.

Although it’s a fear-mongering argument made by the ignorant, clemency is not about letting violent criminals back on the street. President Obama’s Clemency Project 2014 had strict parameters including: the offense for which the defendant is in prison can not be a violent offense, there can be no prior significant violent offenses, the defendant must have served at least 10 years, and must have good behavior in prison.

I’m not going to name my client here, but he is on the list of 209 commutations granted today, January 17, 2017. I just want to tell the story of my participation in the Clemency Project.

In August of 2015 I was asked if I would take on “one of these” Clemency Project 2014 cases. I was told it was a matter of obtaining the client’s Pre-sentence Investigation Report, filling out a form, preparing an “Executive Summary” and gathering whatever information I could about the client’s family and conduct in prison. I would have to watch some videos and certify that I had been “trained.” Seemed fairly organized and cookie cutter.

I had to get the client to agree to allow me to represent him, which took no effort. I didn’t imagine someone serving life in prison, sentenced to die in a cage, would have any issue if a lawyer, for free, was going to try and get him out.

That was the last easy part of the representation.

The Government is not big on handing out Pre-sentence Investigation Reports, and so that took some “higher-up” conversations. Once I got it, I realized there were issues that required documents from old files. There were questions to be asked of the client (made easy due to email access to federal prisoners).

While I worked on the Petition, in came pictures of the client’s family, and letters attesting to his good conduct in prison. After realizing there was a mistake in his prior convictions that had been corrected by a gracious state court judge, I had to make sure this was explained in the Executive Summary, basically a closing argument of why the client deserved Clemency.

What made this case more difficult, was understanding the odds. My client qualified for Clemency. He had served 10 years of a life sentence, was a model prisoner, had no violent past – on paper, he was perfect. But the odds. The President was getting thousands of these, why would he grant my client a second chance at life, outside prison?

As required, I submitted my Petition, and everything else to the Clemency Project.

Due to a technical issue, after completing my work, I could not get the Clemency Project to accept my Petition. The process was that the Project would review the Petition and supporting materials and forward it to the Office of the Pardon Attorney.

Fearful I would not get the stamp of approval of the Clemency Project, I contacted the National Association of Criminal Defense Lawyers (NACDL), another partner in the Project.

I was blessed to be able to reach the Executive Director, Norman Reimer. My hope was that Norman would put me in touch with someone at the Clemency Project to review my submission and propose edits. Instead, Norman said “I’m going to work on this with you.” Norman made corrections, suggested edits and more work, and after a few days of work with Norman, my Petition was submitted to the Clemency Project.

It then went to the Pardon Attorney.

A couple times while the Petition was pending, my client emailed me and asked if I “heard anything.” Of course there were only two things to hear, and I had heard neither. The Office of the Pardon Attorney has a website where they list every Clemency grant, and denial. Every time President Obama granted a bunch of Petitions, my heart sank. That meant there would be denials.

I kept checking, I kept searching lists by last name – occasionally finding the last name of my client on the denial lists, but..whew… a different first name.

I was told a few days ago that there were some recent denials, on January 13. I checked the list. He had to be on that list.

Nothing.

I knew I was going to get an answer this week, and before Friday when we inaugurate our next President. I was only told one thing – that the Office of the Pardon Attorney calls with the news.

Today I was out of town, having lunch with a long-time public defender friend, telling him that I hoped President Obama would decide today on his last grantings of Clemency, as I was nervous about the decision coming too close to the inauguration. That was at 1:30 p.m.

At 2:50 I received an email from my office. Attorney Sarah Black from The Office of the Pardon Attorney called and my client was granted a commutation. I was to call her back ASAP.

I called her back….and got voicemail.

A few minutes later she called me back, not knowing that I got the news, and so she told me as if I didn’t know. She was happy. I was in complete shock. She asked me if I could inform my client. I said “of course, you want me to email him?” And in a first-class move, she said “well actually, we’ve arranged for you to be able to call your client at 3:30 today and tell him. We have a number that he will be waiting at for your call. Is that a good time for you?”

Considering I had never had a client given an Order of Commutation from the President of the United States, I told her that “yes, I can call him at 3:30 p.m.” She said something to the effect of “I know this is a great day for you and your client, thank you for your work, and please call me if you need anything else.”

I’m not used to having these types of conversations with lawyers from the federal government.

What was I going to say to my client? I had just called my wife and could barely get through the conversation with her, now I was going to tell him he wasn’t going to die in prison because of Barack Obama? This was way too much for me.

So like Luca Brazi, I practiced. “I’m calling to tell you that President Obama….” “I have been advised….” No. “I have good news for you.” No.

The clock said 3:29. Was it 3:30 at the prison and they were taking him back to his cell because “your lawyer didn’t call on time?”

Then it was 3:30. I dialed, got the recording. The call disconnected. Oh no.

Two more times, recording, disconnected.

Third time, recording, dialed extension… “This is Delores.”

“Hi Delores, this is Brian Tannebaum, I am…” “Oh yes, how are you Mr. Tannebaum?” Not a typical greeting from someone at a federal prison.

With a little chuckle I said “I’m doing great.” “I bet you are,” she said, “let me get your client, he’s right here.”

“Hi, It’s Brian Tannebaum.”

“Hi Brian, how are you doing today, how is everything?”

Such an odd, typical question. More odd than typical because I was about to tell him that he wasn’t going to die in prison.

“I’m fine, I have some news for you.”

“President Obama has ordered your sentence commuted.”

He dropped the phone.

Delores came back on and I could hear her saying “get up, get over here, you have to talk to him.”

He came back on and expressed the type of emotion you can only imagine from someone who was just told that the President of the United States has given him a second chance.

Can you imagine? Me neither.

Tonight I imagine he has told his family that he will be coming home sooner than at his death.

I have received many congratulatory messages this afternoon, and I appreciate all of them. But I have to tell you that nothing is more meaningful to me than the fact that my client was the benefit of the grace of the leader of the free world.

Yes, I filled out some paperwork, put a package together, became the messenger. But my client will be free because the Federal Defender of the Southern District of Florida, Michael Caruso, thought to ask me to take this case, because Norman Reimer at NACDL helped me, because the Office of the Pardon Attorney recommended my client be freed, and because President Obama nodded his head “yes.”

If I never again have an experience like this in my career, (and statistically I won’t), I can feel a great sense that someone is freed from the chains and cages of a federal prison, when he spent the last 11 years there thinking he would die there, because some stellar members of the Bar thought to assist me in asking the President to set him free.

Located in Miami, Florida, Brian Tannebaum practices Ethics and Criminal Defense. He is the author of The Practice

Pumphrey Law Firm

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Pumphrey Law Scholarship: Spring 2017 Winning Essay

Pumphrey Law Scholarship Essay

Lauren Sumners Pumphrey Law Scholarship Spring 2017 Essay Winner Tallahassee Florida Criminal Defense Florida State University

Lauren Sumners and Don Pumphrey, Jr.

One of my professors at Florida State University ends every class by pleading his students to do just one thing –“Please, do not drink and drive. Be safe.” This professor has taught thousands of students and boasts an impressive and long career. Every time I hear him say these words, I can’t help but imagine the things he must have seen throughout his many years of teaching. Has he had to deal with the loss of students due to drunk driving? Has he had to deal with grieving parents? Has he had to deal with a loss in his own family? I do not know the story behind his plea (or if there is one at all), but I do know his efforts stem from a sincere concern for his students’ safety and well-being. As a professor, he desires success for his students above all else. As his students, we have learned how to think critically in the classroom and are well aware of how our academic choices can alter our futures. I imagine this is his small way of encouraging his students to think critically outside of the classroom as well and understand that those choices are just as important. Through his simple words, he challenges his students to be proactive and choose responsibility in order to ensure a life after college.

Choosing to drive while drunk is a selfish act. It is entirely devoid of all responsibility and consideration. Not only does drunk driving endanger oneself, it endangers the lives of so many others including friends, loved ones, and complete strangers. While the majority of students are well aware of the consequences of drunk driving, many choose to ignore them. Due to the nature of the party scene, especially in college, it is easy for students to be tempted into making bad choices, such as thinking they can drive when they should not. It does not take much convincing by one’s friends or even oneself to think, “I’m probably fine” and get behind the wheel after drinking. In those moments, intoxicated and without the familiarity of their own home, many students do not choose responsibility; they choose selfishness. As a young woman living on a college campus, I am very aware of this temptation to act irresponsibly; I see students make the choice to act dangerously all of the time. It is not uncommon to see a drunken student stumbling along the street or getting rowdy at a bar only to then get in their car and swerve out of sight. Because of this, I am always on alert when driving, especially at night. Not only is the life of the drunk driver at risk when on the road, but so is mine and those around me. While I wish all students would act responsibly and understand how truly selfish it is so drive when drunk, I understand that this is not reality. These students who carelessly drink and drive are ignoring the negative impact it has on their lives and on the lives of others. They are ignoring the hard work of their families to provide and secure for them an education. They are ignoring the hopes of other students who are pursuing their futures and academic careers at Florida State. They are even ignoring the sanctity and dignity of their own lives.

Simply put, drunk driving destroys. Aside from destroying lives, it destroys families, friendships, academic careers, and futures. For those who have been impacted by the dangers of drunk driving, they have felt the acute pain of loss and know all too well just how far its sobering effect spreads. As a student who has valued the opportunity to receive a good education throughout my life and understands what a sacrifice it is financially for my family to send their children off to college to receive higher education, I made a pledge to myself at a young age to never take that for granted. Though I have failed at times, I have always tried to pursue my education with passion and dedication in an effort to respect what a gift it truly is. If I were to choose not to act responsibly when drinking, I would be turning my back on the sacrifices my loved ones have made for me. Unfortunately, I do not have a surefire solution to prevent drunk driving. I cannot control the actions of those around me nor can I make them understand the selfish nature of their choice to drink irresponsibly. However, I can set an example. I do not believe any one person is too insignificant or too powerless to make a difference. The positive, responsible actions and choices of each individual contribute to the well-being of their community in ways far greater than they may ever understand. By choosing not to drink and drive, I honor my family, friends, and community who love and value me. By choosing not to drink and drive, I uphold my university and acknowledge what has been given up in order to give me an education. By choosing not to drink and drive, I protect the shared opportunity to learn and work toward achieving academic goals with my peers, signifying that I believe my own selfishness is never enough to threaten or take that opportunity away from anyone.

 

Author: Lauren Sumners

Florida State University

Lesumners152@gmail.com

 

www.pumphreylawfirm.com

http://www.pumphreylawfirm.com/resources/pumphrey-law-scholarship/ 

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Pumphrey Law Offers Scholarship for Florida Students

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Pumphrey Law is proud to offer a $1,500 scholarship to an accredited college or university. The scholarship is open to high school students accepted to college and current university students of all classifications. To qualify for the scholarship, the applicants must write an 800-1,000 word essay on the dangers of drunk driving and the impact it can have on a student and academic career.

Don Pumphrey, Jr., owner and partner of Pumphrey Law, started the scholarship because he believes the youth need investment. When asked about the Annual Pumphrey Law Scholarship Don said the following:

“Florida has some of the brightest and most innovative minds in the country. We, at Pumphrey Law, want to invest in current college students and college-bound students and help them achieve their dreams. “

The scholarship is open to current college and university students, as well as students who have been accepted to an accredited college or university. Applicants must be Florida residents; however, funds from the scholarship can be used to cover tuition and educational costs at any accredited university or college in the United States.

The Annual Pumphrey Law Scholarship is awarded once in the fall semester and once in the spring semester each year. Access the following link to apply for the Annual Pumphrey Law Scholarship.

For more information about the Annual Pumphrey Law Scholarship contact Taylor Kutz, Digital Marketing Specialist of Pumphrey Law, at Taylor@donpumphrey.com.

About Pumphrey Law

Pumphrey Law is a Tallahassee-based criminal defense firm. The team of attorneys at Pumphrey Law strongly defend individuals charged criminal offenses in Florida, including drunk driving (DUI), domestic violence, drug crimes, and marijuana offenses.

In addition to defending clients in Florida criminal courts, the attorneys of Pumphrey Law have years of experience representing students in university disciplinary hearings.

With attorneys on call 24/7, Pumphrey Law is always there to proudly serve the needs of individuals throughout Florida, including Leon, Bay, Jefferson, Wakulla, Gadsden, Gulf, Liberty, Calhoun, Washington, Jackson, and Franklin Counties.

Contact Pumphrey Law at (850) 681-7777 or toll-free at (888) 384-3661 for a confidential case review.

 

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Attorney Don Pumphrey, Jr.

Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.

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