Monday, February 22, 2010

Trial Lawyer Legal News on Twitter

Florida Attorney
Follow News from a Board Certified Criminal Trial Lawyer. Florida Trial Lawyer W.F. ''Casey'' Ebsary, regularly updates recent legal news.

You Can Follow Casey Here:

http://twitter.com/centrallaw

News Tips Call Casey direct here:


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

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# posted by W.F. "Casey" Ebsary, Jr. : 7:38 PM

Wednesday, August 05, 2009

Florida DUI Blood Test Results Suppressed

Florida DUI Blood Test Thrown Out
Florida DUI Attorney from Tampa Reports: A Defendant was arrested. The court ruled that the circumstances did not authorize blood draw. Testimony established that the reason for the blood draw was that all breath testing machines were inoperative. The officer asked defendant to submit to blood draw under circumstances that did not authorize such a test. Beyond that, the cop advised the defendant that refusal would result in suspension of his driver's license. Blood results were tossed and the motion to suppress blood draw results was granted.

Source: 16 FLW Supp 752b

Stop Worrying! Get some answers from a Board Certified Criminal Trial Lawyer.

Call Toll Free 1-877-793-9290 .

Florida DUI Attorney Lawyer Tampa

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# posted by W.F. "Casey" Ebsary, Jr. : 5:38 PM

Friday, April 17, 2009

Florida DUI Checkpoint Manual - Download

Florida DUI Checkpoint ManualThe Florida Highway Patrol DUI Squad has a manual to set standards for legal DUI checkpoints. The 14 page manual lists the requirements for checkpoints. he manual states it is "To provide guidelines for the use of CRSCs [Comprehensive Roadside Safety Checkpoints] as part of a continuing, systematic and assertive enforcement program to identify persons who are operating a motor vehicle with defective equipment, without a valid drivers license or permit, without a proper vehicle registration, without proper insurance or while under the influence of alcohol or drugs."

You can download it here: Florida DUI Checkpoint Manual

When DUI Checkpoints are an issue, Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. is ready to help. Call Toll Free 1-877-793-9290.


Florida DUI Checkpoint Manual - Download

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# posted by W.F. "Casey" Ebsary, Jr. : 6:47 PM

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, May 28, 2008

Florida DUI Field Sobriety Tests Valid?

Prosecutors dropped a DUI charge against a man afflicted with muscular dystrophy after the man's chemical urine test came back negative for any illegal substances. There ought to be some training in place so not everyone who suffers from a disability gets arrested for DUI.

A report from the Pinellas County Forensic Laboratory showed no presence of 10 specific drugs. The cops stand by the arrest. Cops will now try to have the guy's license revoked anyway.

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# posted by W.F. "Casey" Ebsary, Jr. : 1:12 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 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

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, January 21, 2008

Pinellas DUI Attorney - Court Costs and Fines

Pinellas DUI Attorney - Pinellas DUI Pinellas DUI Attorney Casey Ebsary reports that Judge William H Overton has announced the new minimum fines and Court Costs for Pinellas DUI cases. They are:

$745.50 for a first offense,
$1,008 for a second offense (or 1st offense enhanced), and
$1,537 for a third offense (or 2nd offense enhanced).

This does not include costs for Florida DUI Traffic Education / Florida DUI School.

Pinellas DUI Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 11:03 AM

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

Thursday, December 06, 2007

Florida DUI Statute of Limitations

DUI FloridaThe 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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# posted by W.F. "Casey" Ebsary, Jr. : 12:07 PM

Wednesday, December 05, 2007

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.

For More Information Visit DUIFla.com

DUI Florida Tampa Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 12:31 PM

Sunday, November 18, 2007

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.

DUI Attorney Lawyer Pinellas County Florida

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

Monday, November 05, 2007

DUI Questions To Ask



Here is a 2 minute video on DUI where a Board Certified Criminal Trial Lawyer from Tampa, Florida in Hillsborough County outlines questions to ask when charged with DUI.

DUI Attorney Tampa Hillsborough Florida

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# posted by W.F. "Casey" Ebsary, Jr. : 1:20 AM

Saturday, September 08, 2007

DUI Tampa Attorney Checkpoints - Do They Really Work?

According to Tampa DUI Attorneys and the American Beverage Institute, DUI checkpoints are ineffective at catching wayward drivers. Checkpoints target the responsible drivers who drink legally and responsibly before driving. Police claim they nab more DUI arrests per number of cars checked occur at checkpoints than by road patrol.

"We know that roving patrols are the most effective means of getting drunks off our roads, not to mention distracted and speeding drivers," said Sarah Longwell, American Beverage Institute's spokeswoman. "So why do some states insist on spending tax dollars on manpower and (public relations) to deploy a massive roadblock campaign?"


The ABI, made up of restaurant owners, states it is "dedicated to the protection of responsible on-premise consumption of adult beverages, and uses independent and government research to develop educational materials for people involved in the hospitality industry." North Port, Florida Police claim, "The numbers speak for themselves. About 7 percent of vehicles diverted lead to a DUI arrests . . .."

DUI Tampa Florida Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 10:08 PM

Thursday, August 23, 2007

DUI Lakeland Attorney Florida Checkpoint

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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# posted by W.F. "Casey" Ebsary, Jr. : 3:38 PM

Tuesday, August 14, 2007

Florida DUI Checkpoint Arrests

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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# posted by W.F. "Casey" Ebsary, Jr. : 11:39 AM

Thursday, August 02, 2007

DUI - Aggressive Hillsborough County Florida Deputies

According to a local television report, "Hillsborough County has more DUI arrests than any county in Florida, even though it's only the state's fourth-largest county. "

Hillsborough is the state's fourth-largest county, but now leads the state in both the number of DUI arrests and driver's licenses suspended or revoked. Recently, the county had far more than the three largest counties: Miami-Dade, Broward and Palm Beach. Dozens of arrests involving one deputy were dismissed.
One citizen was pulled over by a former officer, a video of field sobriety tests was taken from the patrol car. Even though the person did fine on the test, the DUI cop cuffed her and took her to jail. An internal affairs investigation found the same cop had arrested 58 people who weren't legally drunk. Meanwhile, a state attorney's investigation into a rogue DUI cop continues.

DUI Tampa Florida Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 1:04 PM

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

DUI Florida - Tampa - Hillsborough - Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 12:56 PM

Friday, June 29, 2007

Cocaine hangovers impair drivers?

A court ruled that motorists who drive while suffering a hangover from drug use can be considered impaired even if the drug's immediate effects have passed. A blood test found he was metabolizing cocaine and thus suffering the after-effects of cocaine use. The driver was convicted of driving under the influence of cocaine.

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# posted by W.F. "Casey" Ebsary, Jr. : 11:43 PM

Wednesday, May 23, 2007

Florida DUI Blood Test Back Log


There is huge Florida DUI Blood Test Back Log. The Florida Highway Patrol usually seeks blood testing in cases involving death or great injury if investigators believe alcohol was involved, agency spokesman Lt. Bill Leeper said to the Florida Times Union. The wait is nerve wracking for drivers with DUI attorneys and lawyers in Florida and the Tampa Bay area.


The six labs operated by the Florida Department of Law Enforcement with 394 employees to examine blood samples had a $28 million dollar annual budget. The labs had an average backlog of 36 days in 2006, up from 32 days in 2005 and 26 days just a year earlier. The labs attempt to analyze whether drivers in serious crashes had been drinking. In 2002, FDLE received 75,034 requests for tests and completed 73,539. In 2006, the backlog had increased to 93,138 requests with 80,457 completed.


"The Tampa facility [Hillsborough County] is busting at the seams," Barry Funck, director of forensic science for FDLE said.

DUI Tampa Florida Attorney / Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 3:15 AM

Monday, February 26, 2007

Car thieves' Cover Blown by DUI Checkpoint

DUI Checkpoint FloridaAt 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.

DUI Florida Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 12:07 AM

Sunday, July 09, 2006

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.

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# posted by W.F. "Casey" Ebsary, Jr. : 12:38 AM

Friday, June 30, 2006

DUI Tampa - DUI breath tests ruled back in play

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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# posted by W.F. "Casey" Ebsary, Jr. : 8:31 AM

Tuesday, June 27, 2006

How much does Ignition interlock cost?

$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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# posted by W.F. "Casey" Ebsary, Jr. : 12:23 AM

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 19, 2005

DUI Confession on Blog

"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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# posted by W.F. "Casey" Ebsary, Jr. : 10:57 PM

Saturday, December 17, 2005

DUI Tampa Attorney - Driver in fatal DUI case shares story

"Every morning, Jessica L. thinks about the man she killed. She spends the rest of the day trying to forgive herself. It's been eight months since she left prison, but for the rest of her life she'll be branded: Felon. Youthful offender. Danger to society. Killer. For the rest of her life, she'll be haunted by the sight of that arm around the left front tire of her Toyota Celica. Four years ago, Leslie was celebrating her plans to join the U.S. Air Force.

Now she stands in front of 250 strangers the first Monday of the month and explains how she went from being vice president of Students Against Drunk Driving in high school to pleading guilty to DUI manslaughter. Sitting in the living room of her Delray Beach apartment, Leslie, 24, unflinchingly talks about the night she ended Patrick McDonough's life. "I had two beers and two shots," she said."

DUI Tampa Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 10:52 PM

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

Monday, November 28, 2005

Florida DUI Standard Jury Instruction

DRIVING WHILE UNDER THE INFLUENCE

F.S. 316.193

To prove the crime of driving under the influence the state must prove the following two elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle (defendant)

Give 2a or b as applicable

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired or

b. had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breach-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

DUI Tampa Attorney Florida Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 7:04 AM

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 08, 2005

DUI and SR22 Insurance Question

"An sr22 is a form which must be filed by the insurance company stating that auto liability insurance (bodily injury liability and property damage liability) is in effect for a particular individual. (The bodily injury liability limits must be at least $10,000/$20,000, and the property damage liability limit must be at least $10,000.) The sr22 insurance is required when an individual was in an accident or was convicted of a traffic offense and was unable to show financial responsibility. Florida will require your friend carry the sr22 and its necessary liability coverages for three years."

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# posted by W.F. "Casey" Ebsary, Jr. : 4:12 AM

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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