DUI Tampa Attorney Florida Defense Lawyer 813-222-2220

Florida DUI Traffic Stop - DUIFla.com Video Series 1-877-793-9290

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DUI in Tampa or Hillsborough County? Tell me Your Story Toll Free 1-777-793-9290.

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Video of DUI cases from inside the Hillsborough County, Florida jail flies in the face of denials of abuse and rule-breaking by Hillsborough County Sheriff David Gee. This is the same jail where a paralyzed guy in a wheelchair was dumped.

Have you been the subject of mishandling by law enforcement? Tell Me Your Story Toll Free 1-877-793-9290 .

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You have 10 days from the date of your arrest to request a Review Hearing For Administrative Suspension of your license. The Department of Highway Safety and Motor Vehicles is authorized upon request to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions for allegations of DUI.

If you need some help, call me. Tell me your Story Toll Free 1-877-793-9290 .

Florida DUI Attorney and Lawyer on Suspensions and The 10 Day Rule

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Before you believe that officers do not have an incentive to arrest for Florida DUI in the Tampa Bay area - DUI Attorney W.F. ''Casey'' Ebsary, Jr. noted there was a recent DUI Award Banquet Honoring Florida Highway Patrol Officers with Over 100 DUI Arrests, according to MADD .

Also awarded were officers with over a 1000 arrests.

When you have been arrested for DUI, Board Certified Criminal Trial Lawyer W.F. ''Casey'' Ebsary, Jr. is available to help Toll Free 1-877-793-9290.

There were 13 contest winners at the Hillsborough County Sheriff's Office (HSCO) . There were 16 contest winners at the Tampa Police Department (TPD) . These were just the officers who got over a hundred in the year. There are others with less.

Hillsborough County Sheriff's Office

Deputy Jackie Brock Hillsborough County Sheriff's Office
Deputy Beau Dobson Hillsborough County Sheriff's Office
Deputy James Glover Hillsborough County Sheriff's Office
Deputy Carolyn Jolly Hillsborough County Sheriff's Office
Deputy Carl McCalla Hillsborough County Sheriff's Office
Deputy Jimmy McDowell Hillsborough County Sheriff's Office
Deputy Matthew McMurphy Hillsborough County Sheriff's Office
Deputy Felix Moret Hillsborough County Sheriff's Office
Deputy Lawrence Morrell Hillsborough County Sheriff's Office
Deputy Shawn Morrey Hillsborough County Sheriff's Office
Deputy Kevin Stabins Hillsborough County Sheriff's Office
Deputy Candace Steinmeir Hillsborough County Sheriff's Office
Deputy Anthony Watson Hillsborough County Sheriff's Office

Tampa Police Department

Officer Ferdinand Barbosa Tampa Police Department
Officer James Blanchard Tampa Police Department
Corporal Edwin Bodamer Tampa Police Department
Officer Kristie Borgo Tampa Police Department
Master Patrol Officer Steven Buchanan Tampa Police Department
Officer Peter Bucher Tampa Police Department
Officer Steven Cragg Tampa Police Department
Corporal Douglas Groves Tampa Police Department
Officer Juan Melo Tampa Police Department
Officer Anthony Portman Tampa Police Department
Master Patrol Officer Brian Reschke Tampa Police Department
Master Patrol Officer Kenneth Setser Tampa Police Department
Officer Joseph Sustek Tampa Police Department
Master Patrol Officer Dean Uno Tampa Police Department
Master Patrol Officer John Vallejo Tampa Police Department
Master Patrol Officer Steven Wilson Tampa Police Department

1000+ DUI Awards

Deputy Jackie Brock Hillsborough County Sheriff's Office
Deputy Lloyd Hyder Hillsborough County Sheriff's Office
Deputy Felix Moret Hillsborough County Sheriff's Office
Deputy Lawrence Morrell Hillsborough County Sheriff's Office
Deputy Paul Shute Hillsborough County Sheriff's Office
Deputy Gregory Williams Hillsborough County Sheriff's Office

Officer James Blanchard Tampa Police Department Office
Master Patrol Officer Steven Buchanan Tampa Police Department
Officer Juan Melo Tampa Police Department Office
Officer Anthony Portman Tampa Police Department Office
Master Patrol Officer Kenneth Setser Tampa Police Department Office
Master Patrol Officer John Vallejo Tampa Police Department Office
Master Patrol Officer Steven Wilson Tampa Police Department Office

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The Florida Highway Patrol DUI Squad has a manual to set standards for legal DUI checkpoints. The 14 page manual lists the requirements for checkpoints. he manual states it is "To provide guidelines for the use of CRSCs [Comprehensive Roadside Safety Checkpoints] as part of a continuing, systematic and assertive enforcement program to identify persons who are operating a motor vehicle with defective equipment, without a valid drivers license or permit, without a proper vehicle registration, without proper insurance or while under the influence of alcohol or drugs."

You can download it here: Florida DUI Checkpoint Manual

When DUI Checkpoints are an issue, Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. is ready to help. Call Toll Free 1-877-793-9290.


Florida DUI Checkpoint Manual - Download

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Tampa DUI Attorney reports that as of July 1, 2008 fines for a conviction of driving or boating under the influence are now: first offense $500 to $1,000; second offense $1,000 to $2,000; third offense $2,000 to $5,000; and fourth offense $2,000.

As of July 1, 2008 DUI conviction where the breath alcohol level exceeds the level for enhanced penalties, fines are now: first offense $1,000 to $2,000; second offense $2,000 to $4,000; and third offense $4,000.

As of July 1, 2008, Ignition Interlock for Repeat DUI offenders and first-time offenders with a BAC over .15 must install ignition interlock devices. New law provides that the interlock must be installed for six months for first offenders and at two years for drivers who other multiple DUI people.

Tampa DUI Attorney

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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

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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

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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

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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

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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

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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

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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

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Florida DUI Tampa Zero-Tolerance Campaigns underway by law enforcement in Tampa,FL,USA. 25 troopers arrested 162 people for DUI. FHP issued nearly 7200 citations for unlawful speed violations and nearly 1200 citations for safety belt violations.

DUI Lawyer Attorney Tampa

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The Hillsborough County Sheriff's Office will have a DUI Checkpoint set up at the Southwest corner of Dale Mabry & Waters at the Albertson's parking lot. The Checkpoint will run from 10 pm to 5 am on Friday, September 28th, 2007. Saturation patrols will also be used.

Deputies from District III, West Hillsborough County will be manning the BAT Unit and remote booking facility. Transport will be provided to the Hillsborough County Jail at Orient Road.

There are numerous legal requirements and procedures that must be followed. A Tampa Hillsborough DUI Lawyer or Attorney can evaluate the validity of DUI arrests made during these sweeps. The Florida Highway Patrol Manual states:

POLICY 17.08 - 3

The operational plan will be completed and submitted to the troop commander no less than 10 days prior to the start of the DUI Checkpoint. The operational plan will contain at a minimum the following:

a. Purpose.
b. Objectives.
c. Operational Time-Line.
d. Specific Job Assignments.
e. Job Descriptions.
f. Equipment List.
g. Manpower Allocation.
h. Contingency Plan.
i. Alternate Scheduling Date.
j. Provisions for an After Action Report/Critique.
k. Approval/Disapproval Section with a space for the troop commander’s signature.

Each operational plan for a DUI Checkpoint will specify the techniques to be used (i.e., driver license inspection, registration inspection, vehicle equipment inspection, sobriety inspection, motorist insurance inspection or a combination thereof.) The purpose and procedures of the safety check will be uniformly applied during the operation.

Assigned members do not have the authority to change the operational plan. Member discretion will not be used in adjusting the plan with the exception of the safety check supervisor who will document the reason(s) for any adjustments.

DUI Tampa Hillsborough Attorney Lawyer

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Living around the Fourth Street/Gandy area is a drag for residents who adore peace and quiet. Drag racing in the area has been going on forever. Someone recently wrote the Saint Petersburg Times, "This stretch of road, from the Gandy/Roosevelt/Fourth Street intersection down to the Howard Frankland Bridge turnoff, has become a speedway. My safety concern is not only personal, but for the numerous families with children who live in the area."

Cars regularly reach speeds well over 80 mph on Fourth Street N and drag racing on the weekends that starts on Friday and Saturday nights about midnight and goes until 2 or 3 a.m. "Cars with amplified motors and mufflers meet near the 7-Eleven at 115th Avenue and Fourth Street and drag race down the stretch of road and turn around at the last U-turn before the Gandy bridge. They often use the 7-Eleven as a turnaround as well," a witness said. The Pinellas County Sheriff"s Office said law enforcement is stymied by an organized underground group determined to break the law and evade police. One Deputy said, "Part of what makes it difficult is that the racers use the same technology we have. They use lookouts and radios and cell phones to communicate . . . We have undercover people in the crowd with cameras, documenting the crowds that gather there and we sometimes catch the spectators and have issued citations, but the citations have been dismissed by traffic court judges."

DUI Attorney Tampa Bay Lawyer

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The Florida Department of Transportation and law enforcement agencies statewide are joining to implement an aggressive crackdown on drunken drivers. Operation "Drunk Driving. Over the Limit. Under Arrest" was officially kicked off last week and will run through Labor Day. According to the St. Pete Times, "Our law enforcement partners will be out in force conducting sobriety checkpoints, saturation patrols, and using undercover officers to get more impaired drivers off the road," said Department of Transportation Assistant Secretary, Kevin Thibault. Close scrutiny of every vehicle on the road in the next two weeks, including motorcycles, RVs and campers will be in effect.

DUI - Tampa Florida Attorney

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A woman apparently tied a world record when toxicology lab measured a blood-alcohol content of 0.50 two hours after she was arrested for investigation of drunken driving - more than six times the legal limit of 0.08.

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A court ruled that motorists who drive while suffering a hangover from drug use can be considered impaired even if the drug's immediate effects have passed. A blood test found he was metabolizing cocaine and thus suffering the after-effects of cocaine use. The driver was convicted of driving under the influence of cocaine.

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Documentation of most, if not all data uploaded from Florida's Intoxilyzer 8000, correspondence from the Florida Department of Law Enforcement breath test officials, and correspondence from CMI, the manufacturer are available here http://www.fdle.state.fl.us/atp/publicrecords.htm . Many of the records are searchable pdf files, while some are scanned and therefore not searchable. Broadband connection recommended.

DUI Tampa Attorney Board Certifed Criminal Trial Lawyer

Casey Ebsary - Toll Free 1-888-DUI-LAWFIRM (384-5293)

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Our News Feed Service can give you up to the minute breaking news on DUI in Florida. To subscribe to the news feed click the RSS 2.o Feed icon.

DUI Tampa Florida Attorney Lawyer

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Click on iTunes icon to Subscribe to our new DUI Pod Cast on Criminal Procedures in Florida Courts. This 9 Minute Podcast will go step-by-step on a a legal journey through the criminal justice system in Florida. Narrated by Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr., a Florida legal expert.

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$70 for installation, $67.50 for monthly monitoring and calibration and a $100 refundable deposit or $5 monthly insurance charge. Source: Interlock Systems of Florida; Interlock Group of Florida; State of Florida Department of Highway Safety and Motor Vehicles.

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The vendor for South Florida counties is Interlock Systems of Florida. 1-866-837-8646. The vendor for North Florida counties is Interlock Group of Florida. 1-800-728-7396.

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Nothing but it's not a simple exhale, most people have to be trained to use the device.

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"Every morning, Jessica L. thinks about the man she killed. She spends the rest of the day trying to forgive herself. It's been eight months since she left prison, but for the rest of her life she'll be branded: Felon. Youthful offender. Danger to society. Killer. For the rest of her life, she'll be haunted by the sight of that arm around the left front tire of her Toyota Celica. Four years ago, Leslie was celebrating her plans to join the U.S. Air Force.

Now she stands in front of 250 strangers the first Monday of the month and explains how she went from being vice president of Students Against Drunk Driving in high school to pleading guilty to DUI manslaughter. Sitting in the living room of her Delray Beach apartment, Leslie, 24, unflinchingly talks about the night she ended Patrick McDonough's life. "I had two beers and two shots," she said."

DUI Tampa Attorney

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"In 2004, the Florida Highway Patrol reported that 33.5 percent of all fatalities caused by car crashes were alcohol related. So far this year, one in four car crashes resulting in death in Leon County were alcohol related, according to the Tallahassee Police Department.

Two programs designed to prevent folks who've had a little too much holiday cheer from getting behind the wheel are helping the statistics drop. The American Automobile Association and Budweiser's Tow to Go dispatches tow trucks to take tipsy car owners and their vehicles home, free of charge. Safe Ride, a service of Yellow Cab and Tri-Eagle Sales, allows bar and restaurant managers to use cabbies as designated drivers from 8 p.m. to 3 a.m.

In the past three years, both programs combined have kept more than 2,500 drunken drivers off the road.The Florida Highway Patrol Preliminary Fatality Report revealed that there were 37 deaths in some 29 crashes over the Thanksgiving weekend, three of which were alcohol related.

"Along with the combination of enforcement and education, the programs certainly do have an impact," said Lt. David Folsom, who supervises TPD's traffic unit. Both initiatives run through New Year's Day."

DUI Tampa Attorney

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DRIVING WHILE UNDER THE INFLUENCE

F.S. 316.193

To prove the crime of driving under the influence the state must prove the following two elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle (defendant)

Give 2a or b as applicable

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired or

b. had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breach-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

DUI Tampa Attorney Florida Lawyer

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Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.

Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.

Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .20.

Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date

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DUI 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.">Florida Driver License Information DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

DUI Tampa

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"An sr22 is a form which must be filed by the insurance company stating that auto liability insurance (bodily injury liability and property damage liability) is in effect for a particular individual. (The bodily injury liability limits must be at least $10,000/$20,000, and the property damage liability limit must be at least $10,000.) The sr22 insurance is required when an individual was in an accident or was convicted of a traffic offense and was unable to show financial responsibility. Florida will require your friend carry the sr22 and its necessary liability coverages for three years."

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Appeals court ruled it was error to allow state to introduce defendant's confession into evidence before state had proven corpus delicti of offense of DUI with serious bodily injury -- There can be no conviction for DUI with serious bodily injury without proof that defendant was driving vehicle and was impaired at time of crash, and there was no evidence independent of her confession that defendant was actually behind wheel of vehicle at time of crash -- Conviction for DUI with serious bodily injury reversed, and defendant is to be discharged for this offense -- Defendant's confession was properly admitted into evidence as to offense of leaving scene of crash with injuries because victim testified that he was hit by car which fled the scene

Reported at 30 Fla. L. Weekly D2379a

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