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

Florida DUI Statute of Limitations

The Florida DUI Statute of Limitations depends on the charge. In Florida, a second degree misdemeanor must commence within one year of the alleged incident. a first degree misdemeanor has two years to commence prosecution. First Degree felonies are 4 years and all other felonies are 3 years.

Take a look at Florida Statute 775.15.

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Tampa DUI Jury Trial Victory

Tampa Prosecutors alleged a breath test was over .08 and arresting officer was an award-winning Tampa DUI cop. Breath machine was an I-8000 using recently modified software. Client was an executive stopped for running a red light a few blocks from his home. He was acquitted during a recent jury trial in Tampa.

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Florida DUI Attorney - Wolfpack in Pinellas County Florida

The Pinellas County Sheriffs Office in Florida released the results from the Countywide DUI Wolf-Pack enforcement. 30 deputies made 17 arrests on a total of 49 charges, including 10 for DUI. Deputies also issued 143 traffic citations and impounded six cars. Friday night Pinellas deputies launched a DUI DWI wolfpack. 30 deputies fanned out across the county looking for drivers who have had too much to drink.

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Tampa DUI Checkpoints - A Live Report

It is a busy time for DUI lawyers in Tampa, Hillsborough County, Florida. In July, the Hillsborough County Sheriff's Office, reeling from allegations of false DUI arrests, have arrested more than 620 offenders as part of a countywide DUI enforcement program. The "attack" on DUI ramped up two years ago. Thousands of arrests later, The Hillsborough County Sheriff has the largest DUI enforcement squad in the state. There are 25 deputies, plus they receive from the Tampa Police Department and state troopers.

The Sheriff recently arrested more than 6,000 people last year on drunk-driving related charges making that agency the state leader in DUI arrests. The government has spent$2 million in federal and state grants. For an in-depth report see:

A sobering night- Hillsborough County DUI checkpoint

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A New DUI Blood Alcohol Record

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.

Car thieves' Cover Blown by DUI Checkpoint

At a DUI checkpoint early Saturday morning officers took15 drivers suspected of DUI off the roads and authorities snagged a group of alleged car thieves. The checkpoint was conducted on US-41 and diverted 629 drivers through a parking lot. A white 2002 Dodge Caravan entered the checkpoint area, but didn't stop - instead the driver hit the gas, nearly striking the staff manning the checkpoint.A Florida DUI police officer dropped stopsticks at the intersection of Fowler and Carrell Road, which popped one of the tires, but the van kept going. Deputies inspected the stolen van - its ignition had been punched.

In addition to the 15 DUI arrests, officers also arrested seven people for not having a driver's license, one who was driving with a suspended license and one person on narcotics charges.They also issued 29 traffic tickets.

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Pinellas County Watching Speeders From Chopper

The sheriff's office "can be anywhere at any time" to catch speeders. They're watching bridges from above."The helicopter is up about 500 feet in the air and they're targeting vehicles," said Sgt. Ken Page from the sheriff's office. "They continue to follow that vehicle until we get the correct vehicle stopped." He targets speeders and issues a Traffic Citation that can be used as an intro to a DUI investigation.

A deputy in the helicopter is watching two white lines that are exactly 528 feet apart, one tenth of a mile. The sheriff's office uses special stop watches that calculate the average speed for that distance.

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Florida Visitors and DUI

Police officials claim seasonal residents are a main part of the problem. More people means busier bars. Police Officer Thom Carr says officers have had drunk driving cases where someone registered a .253 on a breathalyzer machine at 4 p.m. in the afternoon - more than triple the legal limit. Carr claims it is not uncommon for there to be more DUIs when the population increases. Welcome to Florida DUI - Come on vacation and leave on probation. You may end up needing an Florida attorney or a Florida lawyer. Have a nice trip home. Call me if you need help. Toll Free 1-888-DUI-LAWFIRM.

Florida Intoxilyzer 8000 Documentation

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.

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

77 Arrested in Osceola County

More than 70 people were arrested in a special Buena Ventura Lakes operation over three days in an effort to reduce criminal activity. The Osceola County Sheriff's Office led the charge with other local agencies that took guns, drugs and wanted suspects off BVL streets between June 29 and July 1. Authorities involved in operation Zero Tolerance made 77 arrests and issued 44 citations.

Utah's top DUI cop cited for DUI - Criminal Peculiarity - MSNBC.com

SALT LAKE CITY - The commander of the Utah Highway Patrol's drunken driving unit has been cited for driving under the influence of alcohol after crashing his cruiser into a concrete barrier, authorities said. The Lt. veered off the shoulder of a highway in Draper early June 23, overcorrected and hit the barrier that separates the lanes, Lt. Doug McCleve said Thursday. The Lt said he fell asleep at the wheel, but officers suspected he had been drinking, said Draper police Sgt. Scott Peck. The Lt. refused to submit to a breathalyzer test until two patrol captains talked to him, Peck said."

What stops someone else from starting the car with an Interlock for a drunk?

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

How does Ignition Interlock Work?

The driver breathes into the device. If it detects a blood alcohol concentration over a pre-set limit the car will not start.

DUI Tampa - DUI Means Expulsion from U of Florida

Got DUI - Get Expelled: "UF looks beyond campus for DUI cases - They may try to hide it from Mom and Dad, but University of Florida students caught driving drunk in Alachua County won't be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won't just face criminal courts, they'll go before UF's Office of Student Judicial Affairs, where they could face suspension or expulsion.

Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF's dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said."

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."

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."

DUI Tampa - Alcohol Monitors

South Florida judges use anklets to keep tabs on problem drinkers - : "An anklet that detects alcohol consumption 24 hours a day.

It has only been used a handful of times involving drunken-driving and domestic-violence cases since this summer, but the monitoring system shows promise. It can help provide greater scrutiny than random alcohol testing, advocates say. 'I've been pretty pleased about it,' said Palm Beach County Circuit Court Judge Charles Burton, who hears misdemeanor criminal cases such as DUI and domestic battery and has used the monitor in about half a dozen cases. Some judges say the monitoring system -- which tests a person's perspiration for signs of alcohol -- provides another tool for controlling defendants with alcohol problems. Judges routinely order drunken-driving defendants not to use alcohol, which can be difficult to enforce."

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."

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DUI Felons to Regain Civil Rights

Jeb Bush on DUI Rights: The "Executive Clemency Board has streamlined the clemency process to ensure that those individuals who have served their time and become contributing members of society have their civil rights restored in a fair and timely manner. The board has instituted many rule changes, eliminating certain crimes from the list disqualifying an applicant from applying for restoration of civil rights. For example, it allows restoration of rights without a hearing for offenses such as racketeering and felony DUI convictions that had required a hearing. "

Posted by Jeb Bush

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Confessions DUI and the Corpus Delicti Rule - Tampa DUI

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