Sunday, January 17, 2010

Tampa DUI Attorney Presents DUI Traffic Stop Video from Florida

Florida DUI Tampa We have edited our most popular video of Traffic Stop from inside of the patrol car . This one-minute 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 traffic stops for DUI in Tampa, Hillsborough County, Florida. Casey is a Board Certified Criminal Trial Lawyer and a former Prosecutor, defending DUI charges for over 10 years. Video Courtesy of http://www.DUIFla.com .



Tell Me Your Story - Call me Toll Free 1-877-793-9290

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

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# posted by W.F. "Casey" Ebsary, Jr. : 11:57 PM

Thursday, July 16, 2009

Florida DUI Attorney on DUI and Traffic Citation Quotas

Florida DUI and Traffic Citation QuotasFlorida DUI Attorney in Tampa notes an allegation of traffic citation quotas at the Florida Highway Patrol (FHP). As previously discussed in the context of Driving Under the Influence (DUI) cases, law enforcement apparently has motivation to write citations and make arrests, beyond and above the safety considerations. We have mentioned this issue before in 2008.

A former Florida State Trooper alleged, ''I believe I was terminated because I didn' write enough tickets. . . .'' The officer was a 12 year veteran, when he was terminated for insufficient ''activity.'' Some have said the word ''activity'' is code for ticket-writing.

If you have become one of the numbers, we can help.

Stop Worrying. Call Toll Free 1-877-793-9290.

Source

Florida DUI and Traffic Citation Quotas

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# posted by W.F. "Casey" Ebsary, Jr. : 7:03 AM

Saturday, June 28, 2008

DUI Tampa Attorney - Lawyer Answers Questions on DUI

Tampa Criminal defense AttorneyTampa DUI Attorney answers 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 may get a 30 - 45 day permit.

Will my car have an interlock? If convicted, 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. First, you must be convicted.

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.

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# posted by W.F. "Casey" Ebsary, Jr. : 2:07 AM

Saturday, May 31, 2008

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



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

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# posted by W.F. "Casey" Ebsary, Jr. : 7:50 PM

Wednesday, April 16, 2008

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

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# posted by W.F. "Casey" Ebsary, Jr. : 10:44 PM

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

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# posted by W.F. "Casey" Ebsary, Jr. : 6:40 PM

Wednesday, April 02, 2008

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

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# posted by W.F. "Casey" Ebsary, Jr. : 6:04 PM

Saturday, March 29, 2008

Florida DUI Attorney - 2008 Super Lawyer

Tampa DUI Expert Attorney LawyerTampa 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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# posted by W.F. "Casey" Ebsary, Jr. : 2:31 PM

Saturday, March 22, 2008

Tampa DUI Attorney Blocks MADD Judge From Hearing Case

DUI Tampa Attorney Lawyer HillsboroughA 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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# posted by W.F. "Casey" Ebsary, Jr. : 6:55 AM

Friday, February 29, 2008

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

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# posted by W.F. "Casey" Ebsary, Jr. : 1:10 PM

Sunday, February 17, 2008

St Petersburg DUI Cop Notches 1000th Arrest

DUI St Petersburg Florida Attorney LawyerDUI St Petersburg news from a DUI Attorney is that a Florida DUI cop from St Petersburg has notched his 1000th arrest. For those of you keeping score at home, the police keep score too, notwithstanding their general denials when testifying in court. According to a local news report "the arrest marked a personal milestone. It was his 1,000th DUI arrest, the most department veterans can remember by an officer."

Treating arrests like a sport, the officer stated: "Let's go fishing," as he cruised through the 34th Street corridor, a local hot spot.

DUI St Petersburg Florida Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 8:20 AM

DUI - St Petersburg Attorney Arrest Statistics

DUI arrest statistics by St. Petersburg Police Department:

2005: 558 arrests

2006: 584 arrests

2007: 468 arrests

DUI St Petersburg Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 8:13 AM

Saturday, February 09, 2008

DUI Florida Actual Physical Control

DUI Florida Attorney Lawyer TampaA Florida Deputy Sheriff reported that he found a woman inside the trunk of her broken down vehicle. The woman said she had put herself in her own trunk. She was not seen driving or behind the wheel, so police did not arrest her or charge her with DUI. Florida law 316.193 requires "actual physical control" a finding that the defendant was behind the steering wheel in order to be able to arrest the person for driving under the influence.

DUI Florida Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 10:22 AM

Monday, December 24, 2007

Tampa DUI Crackdown

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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# posted by W.F. "Casey" Ebsary, Jr. : 10:37 PM

Thursday, December 20, 2007

Florida DUI Faulty Intoxilyzer Update

Florida DUI Tampa Attorney Lawyer
Florida DUI Update - This just in from Florida. As previously reported here, a Florida breath machine has malfunctioned. One celebrity had a first breath test of .081. Second try - .074. Police now say the machine used in the first test was broken, the results were inaccurate.

Florida DUI Tampa Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 11:57 AM

Tuesday, December 18, 2007

Florida DUI Faulty Intoxilyzer Charges Dropped

Florida DUI Miami Attorney LawyerOne Florida DUI defendant arrested in Miami Beach proved that a Breathalyzer test he allegedly failed a month ago was incorrect. Law enforcement officers asked the defendant to blow into their Breathalyzer - to determine if he was DUI - too drunk to drive. The test suggested the guy was just over the legal limit. This just in - the Breathalyzer machine that cops used was broken. Another machine proved the poor chap was just under the legal limit. But Miami Beach's District Attorney still has yet to drop Florida DUI charges.

DUI Florida Attorney


Get Some Help Today!

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# posted by W.F. "Casey" Ebsary, Jr. : 10:50 PM

Tuesday, June 27, 2006

What is an ignition interlock device?

An ignition interlock device is an in-car alcohol breath screening device installed near the drivers seat and connected to the vehicle's ignition system.

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# posted by W.F. "Casey" Ebsary, Jr. : 12:13 AM

Monday, January 02, 2006

DUI Most New Year's Eve Revelers Stayed Off Roads, Officials Say

Most New Year's Eve Revelers Stayed Off Roads, Officials Say: "Law enforcement officers think they found a way to keep people from starting off 2006 with a drunken-driving arrest. Officials focused on putting more officers on the streets and making the public more aware of their presence on New Year's Eve. Those two factors can make revelers think twice before getting behind the wheel after a night of drinking, Pinellas County sheriff's spokesman Sgt. Jim Bordner said, making New Year's Eve drunken-driving incidences relatively low and resulting in no alcohol-related traffic fatalities in the Bay area."

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# posted by W.F. "Casey" Ebsary, Jr. : 9:04 AM

DUI Defendants Skip Charge By Asking How Test Works

DUI Defendants Skip Charge By Asking How Test Works: "DUI Defendants Skip Charge By Asking How Test Works"

Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work. All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday. Prosecutors have said they do not know how many drunken drivers have been acquitted as a result. But Gino Feliciani, the misdemeanor division chief in the Seminole County State Attorney's Office, said the conviction rate has dropped to 50 percent or less."

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# posted by W.F. "Casey" Ebsary, Jr. : 12:57 AM

Monday, December 12, 2005

Tampa DUI Take a Cab or a Tow Truck

"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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# posted by W.F. "Casey" Ebsary, Jr. : 2:31 PM

Tuesday, November 01, 2005

Business Purposes Only/Employment Purposes Only Reinstatements

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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# posted by W.F. "Casey" Ebsary, Jr. : 9:48 PM

Saturday, October 15, 2005

Florida DUI Information

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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# posted by W.F. "Casey" Ebsary, Jr. : 5:48 AM

Sunday, October 09, 2005

Tampa DUI Checkpoints and How they Operate

As traffic slowly passes by, cars are selected at specific intervals and routed into the checkpoint. The driver is greeted, given some information about the operation and allowed to leave. However, should an impaired driver be encountered, further investigation is conducted which would result in the driver's arrest if he or she is found to be impaired.

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# posted by W.F. "Casey" Ebsary, Jr. : 10:54 PM

Tuesday, September 27, 2005

DUI death brings 5-year term

TAVARES -- A judge Monday sentenced a federal corrections officer to five years in state prison for DUI-manslaughter in the death last year of a bicycle rider in Leesburg.

Before learning his punishment, Purdie K. Burkes tearfully pleaded with the judge for mercy and leniency. He apologized to Michal Kathleen McPherson's family and described the incident as an accident."

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# posted by W.F. "Casey" Ebsary, Jr. : 9:12 PM

Take Bush DUI in Context, MADD Says

Take Bush DUI in Context, MADD Says: "Take Bush DUI in Context, MADD Says

Attitudes Have Changed Since the 1970's


Times and attitudes have changed greatly since George W. Bush was stopped for drinking and driving, a Texas Mothers Against Drunk Driving spokepersons says.
Thanks to organizations like MADD, drunk drivers today not only face stiffer penalties and fines, drinking and driving is no longer socially accepted as it once was, in the era of the 'cocktail party.'"

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# posted by W.F. "Casey" Ebsary, Jr. : 9:11 PM

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