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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Monday, June 23, 2008

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

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Hillsborough Criminal Defense Attorney Pay Fines Penalties

Hillsborough County Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr.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

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DUI and HGN Case Overturned Florida Attorney Lawyer

DUI Tampa Attorney Reports - A Florida 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

DUI Tampa Florida Attorney Lawyer

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Sunday, June 22, 2008

Florida DUI Penalties Update

Tampa Criminal Defense Attorney Lawyer DUITampa 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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Clearwater DUI Attorney - Lawyer Reports on Clearwater Police Department DUI Unit

Clearwater DUI Attorney reports that the Clearwater Police Department D.U.I. Team is using "slick top", video-equipped, mostly Ford Crown Victoria, marked police cruisers. The cars have no visible overhead emergency lights. The police primarily patrol high volume roads throughout the city for aggressive and impaired drivers. All five (5) of the officers on the team have been recognized by Mothers Against Drunk Driving for their aggressive enforcement of drunk driving laws. W.F. ''Casey Ebsary, Jr. , a Board Certified Criminal Trial Lawyer from Tampa is available at 877-793-9290 to assist in defending against aggressive enforcement of traffic laws.

"Slick Top" Clearwater Police Department Traffic Enforcement Cruiser appears in a photo above.

Cleawater DUI Attorney

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