BRADENTON – In response to a driving under the influence (DUI) arrest in 2023, local developer Shawn Kaleta has entered into a Driver Enhanced Treatment Education Rehabilitation (DETER) program contract that requires him to enter a plea to reckless driving with alcohol as a significant factor.
According to the 12th Judicial Circuit State Attorney’s Office, “DETER seeks to aggressively target first time, non-aggravated DUI offenders to reduce impaired driving by imposing enhanced educational and rehabilitative sanctions including ignition interlock devices, alcohol monitoring devices, work offender sanctions and enhanced victim impact education.”
The DETER contract was agreed to during a Nov. 21 court hearing at the Manatee County Judicial Center in Bradenton, with 12th Judicial Circuit Court Judge Heather Doyle presiding. The hearing was originally scheduled to consider a motion to suppress “all evidence obtained from the vehicle stop and subsequent arrest,” requested by Kaleta’s legal team on June 14. Instead, Kaleta agreed to enter into the DETER contract and pending plea agreement. A follow-up case status conference is scheduled for March 20 before Judge Jacqueline Blanton Steele.
The arrest
A series of incidents that occurred in Holmes Beach on June 15, 2023 resulted in Kaleta being arrested and charged with driving under the influence (DUI) and resisting, obstructing or opposing an officer without violence.
According to the initial probable cause affidavit (PCA) filed by Holmes Beach Police officers Andrew Adkins and Alex Hurt, Kaleta’s vehicle rapidly accelerated after turning off East Bay Drive and onto eastbound Manatee Avenue.
“When vehicle had to slow down due to traffic, it began to weave within its lane. The vehicle then veered onto the eastbound shoulder, almost struck a construction sign but swerved away from it and avoided a collision,” according to the PCA. “Driver stated he left a friend’s house and is going to visit his mom in the hospital.”
According to the PCA, Kaleta discontinued the first stimulus test the officer attempted and declined to participate in additional roadside sobriety tests or a Breathalyzer test.
“After I explained to the defendant that he was under arrest for DUI, I walked behind the defendant and began to place his hands behind his back,” according to the arresting officer’s police report. “The defendant bent down to push me away and tried to pull his arms away from me. I was able to grab a hold of the defendant but he kept trying to pull away and push me away. Due to this, I had to take the defendant to the ground and forcefully place him in handcuffs. The defendant was given verbal commands but did not comply. Due to this, I also charged the defendant with resisting an officer without violence. I then conducted a search of his persona and located a wine bottle cork in his shorts’ pockets.”
At his request, Kaleta was transported to a hospital and examined for dehydration before being transported to the Manatee County Jail.
DETER requirements
On Nov. 21, Kaleta agreed to the DETER enrollment contract sanctions. Upon completing the program, he will enter a plea to reckless driving with alcohol as a significant factor. He also waived his right to a speedy trial and requested the continuance of his case in order to complete his pre-plea sanctions.
The DETER contract requires the following sanctions to be completed within 60 days:
- Remain crime and alcohol-free;
- Stay compliant with any conditions of bond or supervised release;
- Complete in-person DUI school with a licensed provider and begin recommended treatment;
- Compete the Mothers Against Drunk Drivers (MADD) online victim impact program;
- Complete 60 hours of community service; and
- Provide proof of installation of an ignition interlock alcohol monitoring device or continuous alcohol monitoring without the consumption of alcohol.
Upon completion of the above sanctions, Kaleta will be offered a plea of reckless driving with alcohol as a significant factor, with the following sanctions:
- 12 months of probation without automatic early termination;
- $500 fine;
- 10 days of vehicle immobilization;
- Successfully complete in-person DUI school and any recommended treatment;
- Complete a MADD Live Victim Impact Panel;
- 50 hours of public service; and
- Complete six months of mobile data transfer module-equipped ignition interlock alcohol monitoring, or continuous alcohol monitoring without consumption of alcohol.
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