Saturday, July 04, 2009

Florida BUI Lawyer on July 4th Enforcement

Tampa Florida BUI Attorney DUI LawyerFlorida BUI Lawyer (Boating Under the Influence ) expects an uptick in enforcement for the July 4th holiday. Operating a vessel while impaired is a criminal offense. Consider a designated boat operator, just as you would in a car. Under Florida boating laws, it is illegal to operate a boat or any type of watercraft while under the influence or impaired by alcohol. A BAC or blood alcohol content level of 0.08% or higher, can result in a charges also. Under the age of 21, a level higher than 0.02% can result in charges.

Penalties for BUI - boating under the influence can include jail time, fines up to $500.00 for 1st offenses, fines up to $1,000 for 2nd offenses, and drug and alcohol rehabilitation programs. Those facing 3rd and 4th convictions of BUI are often charged with a felony instead of a misdemeanor.

When your weekend ends in a BUI charge, 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

Florida BUI Boating Under the Influence Lawyer Attorney

Labels: , , ,


Florida DUI Attorney on Confrontation Clause Win

Florida DUI Chemical Test Attorney LawyerFlorida 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

Labels: , , ,


Friday, July 03, 2009

Tampa Street Racers and Spectators Need Lawyer

Tampa StPetersburg Pinellas Hillsborough Street RacingTampa Traffic Attorney, Lawyer notes that area cops cracked down on street racers and fans along Fourth Street N. Everyone began a dash for their cars when cops came down the I-275 interstate ramp. Cops blocked off the street to prevent escaping to I-275 or Gandy Blvd. Another target for traffic law enforcement is the Courtney Campbell Parkway.

The stretch of Fourth from I-275 to the Inlet Bay at Gateway apartment complex is flat and straight, four lanes surrounded by nothing but grass and water.

Earlier officers have arrested four people on misdemeanor racing charges. Cops videotaped license plates of racers and fans alike. A few days later, 130 drivers got $30 parking tickets in the mail. It's now clear that fans are targets too. A $151 ticket and three points can be placed against a driver's license. According to the media, the last ticket was written at 4:40 a.m. 31/2 hours, 221 citations, and a DUI arrest.

Photo Gallery is Here.

Complete Story is Here.

When the cops throw the checkered flag at a street race, make your next pit stop with Board Certified Criminal Trial Lawyer W.F. ''Casey Ebsary, Jr. Toll Free -1-877-793-9290 .

St Petersburg Traffic Attorney Lawyer

Labels: , , ,


Wednesday, July 01, 2009

Tampa DUI to Videotape or Not to Videotape

DUI Video Tampa FloridaNot all Tampa DUI stops are videotaped. However where there is a Violation of mandatory videotaping policy, one court ruled that dismissal of a DUI charge was appropriate where the cops failed to adhere to mandatory videotaping policy. An appeals court ruled that where the court records showed that the deputy had previously stated that he ''chose not to'' record certain traffic stops and if the DUI videotaping policy was not optional and the state could not produce satisfactory reason for not videotaping defendant's stop, the DUI should be dismissed.

When law enforcement conveniently fails to collect video evidence of an arrest, Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. can help the Court get a true picture of what really happened. Call Toll Free 1-877-793-9290.

Source: 16 FLW Supp 604a

DUI Videotape Roadside

Labels:


Tampa DUI Lawyer on Sleeping Driver Arrest

Tampa DUI LawyerTampa DUI Lawyer notes one recent ruling where an Officer arrested someone that was asleep in a car in restaurant drive-through lane. The cop opened the vehicle door and placed the vehicle in park. The judge ruled that the arresting DUI officer did not have founded suspicion that defendant had committed, was committing, or was about to commit crime or traffic infraction. Therefore there was insufficient evidence to show that detention was necessary to prevent defendant from waking, driving forward and placing others in danger. The arrest was tossed and the Order granting motion to suppress was affirmed.

Source: 16 FLW Supp 603b

When bad police work makes for big trouble, Tampa DUI Lawyer, Board Certified Criminal Trial Lawyer W.F. ''Casey Ebsary, Jr. is available Toll Free at 1-877-793-9290.

Tampa DUI Lawyer

Labels:


This page is powered by Blogger. Isn't yours?

Subscribe to Posts [Atom]