Arrest by Haines City Police Department

More than 50 sworn officers with the police department in Haines City, FL. These officers patrol the 20 square miles of total land area.

Officers with the Haines City PD also work closely with the Polk County Sheriff’s Office and the police departments in Auburndale, Bartow, Dundee, Lake Alfred, Lakeland, Mulberry, and Winter Haven.

The Chief of Police for the Haines City Police Department is Chief James Elensky. As a CALEA-accredited agency, the department enforces state statutes and city ordinance violations within the city limits.

The non-emergency phone number to the Haines City Police Department is 863-421-3636. The physical address of the police department is 35400 Highway 27, Haines City, FL, 33844.

Criminal Defense Attorney in Haines City, FL

If you were arrested by an officer with the Haines City Police Department, then contact one of the four attorneys at Sammis Law Firm to discuss your case. We also represent clients who are under investigation or have an outstanding arrest warrant.

We understand the standard operating procedures used by this law enforcement agency when making an arrest, gathering evidence, or conducting an investigation.

Our criminal defense attorneys for Polk County, FL, can help you understand the charges pending against you and the best way to fight the case that originated in Haines City, FL.

Call 813-250-0500.

Big Problems with DUI Cases in Haines City, FL

If you were arrested for DUI in Haines City, FL, you should be aware of problems with the alcohol testing program. It recently came to light that an agency inspector did not complete the required continuing education requirements necessary to maintain a valid breath test operator permit.

This problem should result in the court throwing out any breath tests in Instrument Serial Number 80-001151 maintained by the Haines City Police Department.

According to the Department Inspector Field Notes, Cpl. Ray M. Webber contacted the Department Inspector because of problems with the agency inspector permit status. After discussing the continuing education requirements with him, the FDLE Department Inspector determined that his AI permit is currently expired.

Cpl. Ray M. Webber was told by the Florida Department of Law Enforcement NOT to perform any more agency inspections until he completed the full AI class. The FDLE Department Inspector spoke with Deputy Chief Jerry Connolly, the second in command at the Haines City PD.

Deputy Chief Connolly told the FDLE Department Inspector that another agency inspector named Sgt. Kevin M. Hager performed agency inspectors for the month of June of 2019. Sgt. Kevin Hager is also the Traffic Unit Supervisor at the Haines City PD.

The monthly inspections performed by Sgt. Kevin M. Hagar on June 11, 2019, is also suspect because FDLE was not advised on the problem immediately. Furthermore, a department inspection was not conducted after this problem was discovered.

After Kevin M. Hager began doing the monthly inspections, an error or exception message was noted on July 24, 2019, because a control test on the .20 g/210L test was noted. The way the problem was resolved and the reason for repeating part of the inspection was not properly documented.

The FDLE Department Inspector compiled a list of Agency Inspections and breath tests that were impacted by the permit issue. Letters were issued to both the Haines City PD and the State Attorney’s Office to explain the problem.

The FDLE Department Inspector reviewed all of the Agency Inspections performed on this machine between 7/8/20198 and 6/5/2019.

Standard Operating Procedures for DUI in Haines City, FL

The Haines City Police Department has created standard operating procedures known as “Traffic Law Enforcement General Order 62.1” which became effective on June 1, 2011, and was last amended on December 04, 2017. The order provides:

h. Driving Under the Influence (DUI) Enforcement: The heightened concern of the public and the need for more precise enforcement and investigative techniques requires a set of concise operational procedures for the enforcement of DUI statutes. The agency utilizes the efforts of officers on patrol in alcohol enforcement countermeasures and as resources permit, concentrates efforts aimed exclusively at identifying impaired drivers and taking enforcement action. By fielding units that are specially trained and equipped to apprehend and process alcohol or drug-impaired drivers, a reduction in alcohol and/or drug-related traffic offenses can be realized. [CALEA 61.1.9]

1) As time and resources permit, those officers specifically trained in DUI enforcement shall perform tactical surveillance on roadways on which there has been an unusual incidence of drinking-driving crashes. Tactical roadway checks for deterrence purposes shall be conducted in conjunction with surveillance activities.

2) Tactical enforcement countermeasures can be accomplished by concentrated enforcement of existing DUI laws. These countermeasures include enforcement of the State of Florida open container law.

a) Statutory Provisions: Statutory provisions are delineated in Sections 316.193; 316.1932; 316.1933; 316.1934; and 316.1936, F.S. [CALEA 61.1.9]

b) DUI Traffic Stops: [CALEA 61.1.5 a]

(1) When an officer observes erratic or illegal driving and suspects that the driver may be intoxicated, the officer should note the actions of the driver and initiate a traffic stop.

(2) When the officer suspects that the driver’s ability to operate a motor vehicle is impaired, the driver shall be asked to move to an area a safe distance from the traffic-way and on a firm, level surface, free of debris or loose gravel, if possible. The officer shall request the driver to submit to a field sobriety test. [CALEA 61.1.10]

(3) The officer shall complete a DUI Report packet based on the results of the field sobriety tests and information obtained from the driver.

c) Effecting the Arrest: [CALEA 61.1.5, 61.1.10]

(1) When the officer is satisfied that probable cause exists to charge the driver with DUI, the driver shall be arrested using the Florida DUI Uniform Traffic Citation as the charging instrument.

(2) The arrestee’s vehicle shall be released, impounded, or secured and left at the scene as may be appropriate.

(3) After placing the driver under arrest, every effort should be made to transport the driver to the appropriate facility for administration of the Blood Alcohol Content (BAC) tests as soon as practical. If the arrestee’s vehicle is to be impounded, the arresting officer shall request another officer respond to the scene to stand by for the towing service, if possible.

4) Blood Alcohol Content (BAC) Test: [CALEA 61.1.5, 61.1.10]

a) The arresting officer shall request subjects arrested for DUI to submit to a breath test or, if deemed necessary, a urine or blood test. The officer shall inform the subject of the consequences of administrative suspension for refusal to submit to testing. The following implied consent warning shall be given to the arrestee:

“If you refuse to take this ___Breath test, ___Urine test, your privilege of operating a motor vehicle will be suspended for a period of one (1) year, or eighteen (18) months if your driving privilege has been previously suspended for refusing to submit to a test or tests as required by law.

Your refusal to submit to this ___Breath test, ___Urine test, can be used against you in court. Additionally, you are committing a misdemeanor if you refuse to submit to a lawful test of your breath, urine, or blood and your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, urine, or blood.”

b) On arrival at the appropriate facility, the arresting officer may conduct a sobriety test of the arrestee which shall be videotaped, if the facilities have equipment for such. The officer shall formally request that the operator submit to a breath test.

c) If the arrestee submits to a breath test, the operator shall complete the necessary forms and forward them to the Florida DHSMV. If a blood or urine specimen is taken, the arresting officer shall send it to the nearest appropriate laboratory for analysis.

d) An arrestee’s refusal to submit to a breath, blood, or urine test must be made in the presence of the arresting officer. Once a subject refuses testing, the Affidavit of Refusal (DHSMV Form 72054) shall be prepared and signed by the requesting officer. Copies shall be forwarded to detention facility booking members and to HCPD Records. The Clerk’s Office copy shall be attached to the citation.

e) If the arrestee is physically incapable of taking a breath test, arrangements shall be made to transport the subject to a hospital or clinic where a blood sample may be taken for a blood alcohol test. If the subject refuses to submit to a blood test, an Affidavit of Refusal shall be completed. If serious bodily harm has resulted from the subject’s driving, a blood sample shall be drawn, with or without consent.

f) Officers shall attach the driver’s license to the Offense Report. The report shall be submitted to their supervisor prior to going off duty.

5) Juvenile DUI Arrest Procedure: The same procedure shall be followed for a juvenile arrestee as for an adult with the following exception: The arresting officer shall have the juvenile’s parents or legal guardians notified of the arrest and request that they meet the officer at the Juvenile Assessment Center in Bartow where the juvenile shall be released to them once the BAC test has been administered. [CALEA 61.1.3 b, 61.1.5]

Additional Resources

Haines City Police Department on Twitter – Learn more about the history of the Haines City PD which was founded in 1914. The agency’s Twitter account also provides information on upcoming events. community outreach projects, and traffic alerts about crashes and accidents.

Haines City Police Department on Facebook –  Find out more about police news, accidents, and “Family Fun Night” events happening in Haines City, FL, on the Facebook page for the police department.

This article was last updated on Tuesday, August 10, 2021.