DUI- Florida - Intoxilyzer 8000 (tm) Breath Test Machine

Intoxilyzer 8000 (tm) breath Machines are the exclusive breath testing machine used in Tampa, Florida, DUI cases. This 2 minute tour views the machine from the inside out, covers numerous software revisions and documents leaking tubing inside of a machine recently evaluated.

Florida DUI Breath Testing inside video of Intoxilyzer 8000 (tm) breath testing machine. This production is one of a series of videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr and gives you an inside look at breath testing procedures used for DUI in Tampa, Hillsborough County, Florida. Casey is a Trial Lawyer and a former Prosecutor, defending DUI charges for over 10 years. Video Courtesy of www.DUIFla.com .

Intoxilyzer(tm) is a registered trademark of CMI .

Florida Lifetime DUI Suspension

Florida Supreme Court Rules that the Amendment to section 322.271(4), Florida Statutes, that eliminated hardship driver's licenses effective July 1, 2003, did not violate the prohibition against ex post facto laws. Even for persons who could have applied for hardship license before the amendment became effective. Constitutional Prohibition against ex post facto laws applied to criminal or penal provisions, and elimination of hardship licenses for drivers with four DUI convictions was a civil regulatory scheme for protection of the public. Driving is a privilege not a right.

Source: 33 Fla. L. Weekly S434a

Tampa Defense Attorney Answers Questions on DUI

Here are a few frequently asked questions by people who are concerned about recent DUI charges:

How do I save my license? Were you arrested within the last 10 days? Then you can apply for an administrative hearing and get a 30 - 45 day permit.

Will my car have an interlock? Second DUI - Yes. Over .15 Maybe.

Will I go to jail? Second DUI Within 5 years - Yes 10 days. 3d DUI within 10 years? Yes 30 days.

Will my boss find out? If the DHSMV hearing is won, it is kept of the publicly recorded driving record and the chances are greatly reduced.

Should I fight the case? You will certainly lose if you plead guilty. If there are problems with the case, we will find them and you may avoid a DUI Coviction.

Will my out-of-state license be suspended for a Florida DUI? Probably - as soon as the State of Florida transmits the computer data regarding the refusal to take a breath test or blowing over a .08 the home state usually will honor what the State of Florida has done.

Will my car be impounded? Only if you are convicted.

Do I have to attend the DUI School? You must enroll, but not necessarily complete, if you lose you Administrative Suspension hearing before the case is resolved. The DUI School enrollment is a pre-condition to getting a Business Purposes Only license. If convicted of DUI, then DUI School is mandatory.

Tampa DUI Attorney - Another Satisfied Client

William F ''Casey'' Ebsary Jr.

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"Casey" was like a savior to me. I had no idea what was going to happen after I got arrested for DUI - I knew it would not be good and might involve jail time. My primary concern was whether or not I would lose my license and for how long.

The level of professionalism I experienced with Mr. Ebsary was unsurpassed! He listened to the whole story, reviewed all the documentation and consulted with his colleges in the States Attorney's office. Because a few very minor errors were made in processing me that night I was able to keep my driver’s license the whole time!

He explained everything that was going to happen and the options I had. He told me about the statistical chances that certain things might happen, but never promised or guaranteed any particular outcome. Casey seemed to take a personal interest in my case and in the welfare of my family and I felt comfortable that my case is the best hands that it could be in.

Ultimately, the charges were reduced to "reckless" and after taking a 2 day class and paying the associated court ordered fees - it was all over! What I imagined would be a nightmare that would haunt me forever was completely resolved in less than 10 months.

I cannot give Mr. W.F. "Casey" Ebsary a strong enough recommendation! He has become a valuable asset to my family by providing counsel to us in various legal aspects through the years. He may have started out strictly as my lawyer, but over time I have come to regard him as a friend as well.

Anyone who chooses Mr. W.F. "Casey" Ebsary to represent them in legal matters will undoubtedly come to feel the same way! He is a skilled attorney and a wonderful caring person and I count myself among the "lucky" to know him."

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William F ''Casey'' Ebsary Jr.

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Disclaimer:

Not all clients have provided testimonials, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the testimonials are provided.

Hillsborough Criminal Defense Attorney Pay Fines Penalties

Hillsborough County Criminal Defense Attorney W.F. ''Casey'' Ebsary, Jr. reports that there is a new program for people to pay court imposed fines from the Hillsborough County Clerk of Court. In C-Pay You are given 30 days from the offense date to pay your fine. If you need more time to pay your fine, you may ask for an additional 30 day extension from the Traffic Department at (813)-276-8200. If you do not pay your fine by that date, a request to suspend your Driver’s License will be transmitted to the Department of Motor Vehicles. If you were assessed court costs, your payment due dates was given in court and is shown on the abstract. The abstract is the court record of activity in the courtroom kept by the Clerk of Court in the court file.

The C-Pay Office sets up payment plans for any type of fines, including Court costs. They need only the information regarding the money owed. If an individual wants to pay the full amount, he must go to the appropriate Clerk’s Office.

Here is a Quick Q & A on the Program: Tampa Criminal Defense Lawyer - Fines Court Costs

Contact:

Clerk of Circuit Court
Room 101, Windows 11 & 12
Edgecomb Courthouse
Tampa, FL 33602
276-8100 Ext 3896


Collections & Ticket Payments (Will not take cash)

276-8100 Ext 3896

DUI and HGN Case Overturned Florida Attorney Lawyer

Court ruled it was error for arresting officer to give opinion testimony about Horizontal Gaze Nystagmus HGN test results. Appeals court ruled that testimony about HGN test required a qualified expert witness. The Court decided that the Prosecutor made the HGN a feature of its opening statement and closing argument, the Prosecutor did not prove defendant's blood alcohol level or offer any other scientific evidence that defendant was under influence of alcohol at time of accident to extent that his normal faculties were impaired.

Source: 33 Fla. L. Weekly D1430a

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Florida DUI Video Version 2 - Questions to Ask When Charged with DUI

Florida DUI Attorney W F Casey Ebsary Jr Criminal Trial Lawyer outlines questions to ask when charged with a DUI. Video Courtesy of http://DUIFla.com

Florida DUI Field Sobriety Tests Valid?

Prosecutors dropped a DUI charge against a man afflicted with muscular dystrophy after the man's chemical urine test came back negative for any illegal substances. There ought to be some training in place so not everyone who suffers from a disability gets arrested for DUI.

A report from the Pinellas County Forensic Laboratory showed no presence of 10 specific drugs. The cops stand by the arrest. Cops will now try to have the guy's license revoked anyway.

Rated 10 Out of 10 by Avvo.com

William F ''Casey'' Ebsary Jr.

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Top Five Percent - Another Award

W. F. "Casey" Ebsary, Jr.

Seriously Outstanding

Only 5% selected each year

Florida DUI Breath Test Affidavit Inadmissible

The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U.S. Supreme Court's holding in Crawford v. Washington. The Court found that since the Breath Test affidavit is testimonial in nature and was created by technician solely for purpose of proving a critical element in defendant's DUI prosecution, the general rule that records kept in ordinary course of business are generally admissible does not apply when record is being prepared at specific request of law enforcement agency and is not simply a record that is normally generated by that business under circumstances that do not involve law enforcement.

In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a

Florida DUI Attorney Lawyer Intoxilyzer 8000

Florida DUI Checkpoint Alert

Florida DUI Lawyer notes that the Manatee County Sheriff's Office and other agencies will be conducting a DUI checkpoint this weekend on a major roadway in southern Manatee County. The checkpoint will be in effect from 10:30 p.m. Friday to 4 a.m. Saturday. Assisting the sheriff's office with the checkpoint will be the Florida Highway Patrol; and the Bradenton, Bradenton Beach, Holmes Beach, Longboat Key and Palmetto police departments. Curiously, also assisting will be the Manasota Chapter of M.A.D.D. Mothers Against Drunk Driving and the Salvation Army.

Since neither of the last two are law enforcement, Florida DUI Lawyer wonders why they are involved in arresting citizens.

Manatee Florida DUI Lawyer

DUI Cannot Be Used to Enhance Federal Sentence

Florida DUI lawyer reports that a lengthy federal sentence was overturned. The Act 18 U. S. C. section 924(e)(1), defined ''violent felony'' as, a crime punishable by more than one year's imprisonment that ''is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.'' section 924(e)(2)(B)(ii) (clause (ii)). After petitioner pleaded guilty to felony possession of a firearm, his presentence report revealed he had 12 New Mexico convictions for driving under the influence of alcohol(DUI). He received an harsh enhanced sentence.

The United States Supreme Court Held: New Mexico's felony DUI crime falls outside the scope of the Act's clause (ii) ''violent felony'' definition. Even assuming that DUI involves conduct that ''presents a serious potential risk of physical injury to another'' under clause (ii), the crime falls outside the clause's scope because it is simply too unlike clause (ii)'s example crimes to indicate that Congress intended that provision to cover it.

Florida DUI Attorney Lawyer Hillsborough

Florida DUI 100 Arrest Contest Winners

The following officers won the DUI arresting championship for 2007 . The losers were the poor citizens who made up the pawns in this cruel game. MADD, a Political Action Committee who lobbies for ever more draconian criminal laws, gave free trips to the award ceremonies to Florida Highway Patrol Trooper Terry Goswick, assigned to Troop C in the Tampa area, the arresting machine won the department's 2007 Hurd-Smith Award for arresting the most DUI offenders last year -- 190. No statistics on how many were actually convicted.

13 other troopers were among the 175 Florida law enforcement officers honored by Mothers Against Drunk Driving (MADD) for their efforts in DUI enforcement by making at least 100 arrests.

Other Tampa Bay Players were:

Adam M. Morris (Tampa)
Ben F. Miller (Tampa)
David L. Frye (Tampa)
Ronald J. Evans (Tampa)
Terry E. Goswick, Jr. (Tampa)

Tampa Florida DUI Attorney Lawyer

DUI Florida - New Trial Required Manslaughter

Florida DUI Attorney reports the Court ruled that a DUI Jury Instruction was inaccurate and misleading. The jury was instructed that the state was required to prove that defendant, while driving or while in actual physical control of vehicle, had blood alcohol level of .08 or higher ''and/or a controlled substance to-wit: cocaine.'' The Appeals court reversed the manslaughter conviction and ruled that simply having cocaine in the system is not legally sufficient to convict because state must prove beyond a reasonable doubt that the defendant was ''under the influence'' of cocaine. Source 33 Fla. L. Weekly D921a

DUI Florida Attorney

Florida Drug Law Website

Tampa DUI Attorney, W. F. Casey Ebsary, Jr., has gone live with a new resource for people seeking information about Drug Laws in Florida State and Federal Courts. The new website is Drug2Go.com will focus on Tampa / Hillsborough / Florida marijuana, cocaine, hydrocodone, oxycontin laws, lawyers, and attorneys. The site will also review recent cases in drug trafficking laws, lawyers, and attorneys.

Tampa Florida Drug Lawyer Attorney

Florida DUI Attorney - 2008 Super Lawyer

Tampa DUI Attorney, W.F. Casey Ebsary Jr., has been selected as a Super Lawyer for the second time. The nomination process creates a credible, comprehensive and diverse listing of outstanding attorneys that is a resource to assist attorneys and consumers in the search for legal counsel.

Tampa DUI Attorney Lawyer

DUI Tampa Satisfied Client

Tom in Tampa says: "I work in sales and drive over 40,000 miles a year. I returned home from my night in the Hillsborough county jail and thought my career was over. I had no idea what to do until I called Casey and the first thing he told me was that I had options. He immediately got to work and attended the DMV 10 day administrative review and I was able to keep my licensee as we fought the charges.

We tried to get the charges dropped and then later reduced but the state was not flexible and we went to trial. The trial was a full blown trial with a jury of my peers. Three hours later I walked out of trial with my charges dismissed.

What a relief...no classes, fines, insurance hikes, and I was able to keep my license. I ended up having the best year of my career and I owe a great debt of thanks to Casey.

Tom"

Disclaimer:

Not all clients have provided testimonials, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the testimonials are provided.

Tampa Hillsborough DUI Attorney Lawyer

Tampa DUI Attorney Blocks MADD Judge From Hearing Case

A Tampa DUI Attorney, According to the St Pete Times, got a Judge off a Tampa DUI defendant's case because Mothers Against Drunk Driving MADD was on a Judge's webpage . Experts said the request raised a legitimate concern about judges' off-duty activities.

A respected judge said "You've just got to be real circumspect about the things that you're engaged in," Pinellas Circuit Judge Philip J. Federico said. "When you're making decisions about someone's liberty, that tends to make them a little more sensitive to what your thought process is."

MADD lobbies lawmakers for stiffer DUI penalties and attends court hearings to support victims. The judge promptly deleted MADD and all his other community activities, including the Kiwanis Club and United Way, from his judicial Web page.

DUI Tampa Hillsborough Attorney Lawyer

DUI Florida Probable Cause - Stopping for Too Long?

A DUI Officer observed a defendant remain at a flashing red light for 41 seconds and then drove through intersection in a safe manner. The Court found that created only a mere suspicion , not a well-founded reasonable suspicion of criminal activity to justify the stop. The Court ruled that the DUI Officer had no justification to conduct safety stop. The court also ruled that the defendant was not exhibiting behavior that was dangerous to another person or vehicle and that the officer's safety suspicions that the DUI defendant was injured or his vehicle was malfunctioning should have been alleviated by defendant's normal driving technique and vehicle's obvious operation in driving through intersection. Motion to Suppress the stop and the subsequent suppression of all evidence collected thereafter should have resulted.

DUI Tampa Florida Attorney