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We have hundreds of pages of information on Florida DUI Laws and Florida DUI News. This site is one of the largest sites on the web devoted to Florida Traffic and DUI law information.

If you do not find what you are looking for, call us today at 1-877-793-9390 .

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DUI Videos - 5 Most Viewed - DUI Traffic Stop

Tampa Florida DUI Attorney Lawyer

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What does the State Attorney have to prove to validate a DUI Traffic Stop using Radar? Tampa Florida DUI Attorney has a caselaw update. One court just ruled that even though a radar certificate proved that a radar device used to establish speed was accurate, the proof was insufficient because there was no evidence presented to prove:

1. Type of device used was approved by Department of Highway Safety and Motor Vehicles;
2. Officer had been trained to operate radar;
3. Radar had no automatic speed locks or that radar audio Doppler was engaged;

The court ruled that the Radar reading was inadmissible into evidence. Notably, the DUI officer also testified he observed defendant make wide turn and drive over white line. The court ruled that where there was no evidence that other traffic was affected by defendant's driving, that driving pattern did not rise to level of erratic driving and officer did not have founded suspicion for stop. Since the state failed to establish that defendant was lawfully stopped for speeding, the Motion to Suppress was granted.

Speed Radar Issues in Your Case? Tell Me Your Story Toll Free 1-877-793-9290 .

Source: 17 FLW Supp 39a

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Tampa DUI Attorney has produced a 30 second video on searching for help and information on DUI charges in Florida.

Tell Us Your Story Toll Free 1-877-793-9290 .

DUI Information Search Online

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Tampa Florida DUI Attorney has been covering the contests where law enforcement can win prizes for issuing citations including DUI. As previously noted here and here.

Now the Florida Department of Transportation is awarding a Harley Davidson motorcycle to top producers in issuing traffic citations. Details are here. According to the government, "This competition provides opportunities for public recognition of exemplary motor unit traffic programs, incentives for continuing activities, and documentation of unit effectiveness." The prize: "one Grand Prize Winner receives a fully equipped Harley Davidson motorcycle."

UNBELIEVABLE!

If you have been a piece in this game, we may be able to help.

Stop Worrying! Call An Attorney Now! Toll Free 877-793-9290 .

Tampa Florida DUI Attorney

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Tampa Florida DUI Attorney answers the question: What is the Jury told to help reach a verdict in a DUI case? The Florida Supreme Court has proposed the following instructions to jurors deciding DUI cases:

"If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired."

This language comes from s. 316.1934, Florida Statutes (2009), and the Florida Supreme Court notes this language has been in the standard jury instructions for over twenty-five years.

The Complete Proposed Jury Instruction is Here.

Florida's Standard Jury Instructions are located here.

Stop Worrying! Get some answers from a Qualified Expert.

Call Toll Free 1-877-793-9290 .

Florida DUI Attorney

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Florida DUI Attorney notes a huge win for the defense of criminal charges including DUI and BUI. Chemical tests submitted by paperwork are often at the heart of the prosecution's case. The Supreme Court held this week in Melendez-Diaz v. Massachusetts, that a state forensic analyst’s laboratory report certificate created for use in a criminal prosecution violates a defendant's Sixth Amendment right to confrontation. The court noted that the certificates were affidavits falling squarely within the "core class of testimonial statements" addressed by the Confrontation Clause as set forth in Crawford v. Washington, 541 U.S. 36 (2004).

Writing for the 5-4 majority, Justice Scalia indicated:

"This case involves little more than the application of our holding in Crawford v. Washington, 541 U. S. 36. The Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error. We therefore reverse the judgment of the Appeals Court of Massachusetts and remand the case...."

When Chemical tests submitted by paperwork are at the heart of the prosecution's case against you, we can help. The call is free, and the relief can be invaluable.

Stop Worrying - Call Now! 1-877-793-9290

Florida DUI Chemical Test Attorney Lawyer

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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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Appeals court rules (in a case where W.F. ''Casey'' Ebsary, Jr. was not attorney of record) that forfeiture of vehicle following conviction for felony driving under influence DUI / DWI constituted a punishment. The court found that the loss of the defendant's vehicle was subject to a proportionality analysis. Conclusion: Forfeiture of $17,000 vehicle was not grossly disproportionate to defendant vehicle owner's repeated DUI and related offenses.

Source: 34 Fla. L. Weekly D787a

When Vehicle Forfeiture for a Florida DUI is a problem, Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. is here to help. Call Toll Free 1-877-793-9290.

Florida DUI Vehicle Forfeiture

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More DUI cases are being thrown out, this time because of a bad DUI checkpoint.

According to the Court Order, proper guidelines were not followed at the Sheriff's Office checkpoint. The sheriff's office was to stop every 6th car when there are traffic backups or safety concerns However, they stopped every 20th car, violating the previously-approved DUI Checkpoint mission plan. W. F. "Casey" Ebsary, Jr. is a Board Certified Criminal Trial Lawyer with experience fighting DUI charges. He can be reached Toll Free at 877-793-9290.

Source: Bay News 9

DUI Florida Checkpoints Invalid

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Florida Supreme Court in a rare DUI ruling held that Article I, section 16 of Florida Constitution, prevents state from using uncounseled misdemeanor convictions to enhance defendant's later misdemeanor to a felony, unless defendant validly waived right to counsel. To prevent use of priors must assert under oath, through a properly executed affidavit that:

(1) The offense involved was punishable by imprisonment;

(2) The defendant was indigent and, thus entitled to court-appointed counsel;

(3) Counsel was not appointed;

(4) The right to counsel was not waived.

Source: 34 Fla. L. Weekly S15a

Florida DUI Prior Convictions Enhance Felony DUI

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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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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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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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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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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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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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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.

For more information visit www.DUIFla.com .

DUI Tampa Florida Attorney Lawyer

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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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Lakeland Police are conducting DUI Checkpoints, including saturation patrols and checkpoints in Lakeland Thursday and Friday evenings. Florida Avenue, Brunnell Parkway, and Lake Miriam are targets. Over the Limit - Under Arrest is the code name for this operation.

DUI Attorney Lawyer Lakeland Polk County

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A DUI sobriety checkpoint in Fort Myers bagged 24 arrests.

7 arrests were drunken driving charges; 17 were for driving without a license; police wrote 32 traffic citations. Police received funding from the Florida Department of Transportation. The purchased DUI checkpoint equipment and paid officers overtime.

DUI Florida Attorney

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A bill signed by Florida Gov. Charlie Crist requires an increase in auto insurance coverage for anyone convicted of DUI. The bill new law requires anyone who pleads guilty or no contest to DUI, or is convicted of DUI, to carry more liability coverage for three years after the DUI. DUI offenders will need to have $100,000 worth of bodily injury coverage per person, $300,000 per incident, and $50,000 worth of property damage.

DUI Tampa Hillsborough Attorney Lawyer

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DUI Tampa Florida Attorney / Lawyer

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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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Pinellas County deputies are cracking down on drunk drivers this weekend.

The sheriff's office released the results from operation DUI Wolfpack. Checkpoints were conducted Friday and Saturday mornings throughout the county.

Deputies arrested seven people for suspicion of DUI and issued seven DUI citations. Deputies also booked other traffic violations involving speeding, aggressive driving, seat belt, driver's license, registration and insurance violations.

In all, deputies issued 57 citations and made 11 arrests.

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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.

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Seminole judges wrong to reject evidence, appeals court decides

Rene Stutzman Sentinel Staff Writer Posted June 29, 2006

SANFORD -- An appeals court on Wednesday handed accused drunk drivers a huge defeat. It ruled that judges who have thrown out virtually every breath-alcohol test in Seminole County in the past 18 months were wrong.The ruling affects more than 100 pending DUI cases currently on appeal in Seminole, said Assistant State Attorney Gino Feliciani, and restores one of the state's most powerful pieces of evidence. It's a piece that Seminole judges stripped from about 1,500 DUI cases. Four of Seminole's five county judges who hear those cases tossed every breath test that came before them when defense attorneys asked for the computer source code at the heart of the state's breath-alcohol test unit.

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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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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."

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"A Lake County teenager, who admitted in his [blog] online journal that he caused an accident which killed his best friend, pleaded guilty this morning to DUI-manslaughter."

DUI Attorney Florida

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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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Business or Employment Reinstatement:

1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

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Administrative Disqualification Law

First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1-year disqualification.

First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.

Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.

The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

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Florida Driver License Information: "Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Board Certified Criminal Trial Lawyer W.F. ''Casey'' Ebsary, Jr. can help. The call is free, and the relief from an expert can be invaluable.Stop Worrying - Call Now! 1-877-793-9290

Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.

Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000. "

DUI Penalties Florida

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"What is the Legal Limit?

In reality, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol.

So what does a Blood-Alcohol Level of .08 mean?

The term '.08 BAC' is commonly referred to as the legal limit, but this is not accurate. According to Florida Law, .08 BAC is the presumptive level of impairment. In other words, if you have consumed enough alcohol to reach a .08 BAC, you are automatically considered impaired.

What if I'm below .08 BAC?

You can still be convicted of DUI even if you are under .08 BAC. If your driving ability is proven to be impaired you will likely be convicted of DUI."

For More Information See DUITampaBay.com

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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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