Friday, March 05, 2010
Tampa Hillsborough DUI Awareness Night
Tampa Hillsborough DUI Attorney,
Lawyer W. F. Casey Ebsary, Jr. Notes:
The Hillsborough County Sheriff's Office has stepped up efforts in Florida DUI enforcement. The HCSO will have its breath-alcohol testing (BAT) vehicle, known as the BAT Mobile,on display for those attending the Tampa Bay Lightning game according to a press release today, March 5, 2010. DUI Awareness Night is March 6, 2010.
Be Aware and Call Me Toll Free 1-877-793-9290 with Questions
Labels: DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer
Tuesday, November 25, 2008
Tampa DUI Breath Machine Maintenance
Tampa DUI Lawyer W.F. Casey Ebsary, Jr. reports that a court recently found that inspection and maintenance of the Intoxilyzer 8000 breath testing machine, specifically replacement of the dry gas regulator was not maintenance but in fact constitutes a repair. Once repaired, the Intoxilyzer 8000 must be inspected by the Florida Department of Law Enforcement - FDLE before machine is returned to evidentiary use.Court ruled that breath tests administered after repair without post-repair FDLE inspection do not substantially comply with administrative rules and are not admitted into evidence at trial. Examination of all the supporting documents in a breath case is now mission-critical. Most machine records and data are available pursuant to Florida's Public Record law, Chapter 119.
Tampa DUI Breath Machine Maintenance
Labels: DUI Hillsborough, dui hillsborough attorney, DUI Tampa, Intoxilyzer, Tampa DUI Attorney, Tampa DUI Lawyer
Saturday, May 03, 2008
Top Five Percent - Another Award
Labels: DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, Pinellas DUI, St Petersburg DUI, Tampa DUI Attorney, Tampa DUI Lawyer
Florida DUI Breath Test Affidavit Inadmissible
The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U.S. Supreme Court's holding in Crawford v. Washington. The Court found that since the Breath Test affidavit is testimonial in nature and was created by technician solely for purpose of proving a critical element in defendant's DUI prosecution, the general rule that records kept in ordinary course of business are generally admissible does not apply when record is being prepared at specific request of law enforcement agency and is not simply a record that is normally generated by that business under circumstances that do not involve law enforcement.
In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a
Florida DUI Attorney Lawyer Intoxilyzer 8000
In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a
Florida DUI Attorney Lawyer Intoxilyzer 8000
Labels: Breath Test, Breath Test Results Affidavit, dui blood test, DUI Hillsborough, DUI Tampa Attorney, Intoxilyzer
Wednesday, April 16, 2008
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
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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Saturday, March 29, 2008
Florida Drug Law Website
Tampa DUI Attorney, W. F. Casey Ebsary, Jr., has gone live with a new resource for people seeking information about Drug Laws in Florida State and Federal Courts. The new website is Drug2Go.com will focus on Tampa / Hillsborough / Florida marijuana, cocaine, hydrocodone, oxycontin laws, lawyers, and attorneys. The site will also review recent cases in drug trafficking laws, lawyers, and attorneys.Tampa Florida Drug Lawyer Attorney
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Florida DUI Attorney - 2008 Super Lawyer
Tampa DUI Attorney, W.F. Casey Ebsary Jr., has been selected as a Super Lawyer for the second time. The nomination process creates a credible, comprehensive and diverse listing of outstanding attorneys that is a resource to assist attorneys and consumers in the search for legal counsel.Tampa DUI Attorney Lawyer
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Saturday, March 22, 2008
DUI Tampa Satisfied Client
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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Tampa DUI Attorney Blocks MADD Judge From Hearing Case
A 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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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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Saturday, February 09, 2008
DUI Florida Actual Physical Control
A 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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Monday, December 24, 2007
Tampa DUI Crackdown
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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Thursday, December 20, 2007
Florida DUI Faulty Intoxilyzer Update
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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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
Labels: dui, DUI Florida Attorney Lawyer, DUI Hillsborough, DUI Tampa
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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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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Thursday, July 19, 2007
DUI Florida and Insurance Premiums Skyrocket
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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Tuesday, January 23, 2007
News Feed of DUI News Up to the Minute
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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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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Who installs the Ignition Interlock device?
The vendor for South Florida counties is Interlock Systems of Florida. 1-866-837-8646. The vendor for North Florida counties is Interlock Group of Florida. 1-800-728-7396.
Labels: DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, DUI Tampa Attorney, ignition interlock, Intoxilyzer
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."
Labels: alcohol, dui, dui blood test, dui florida attorney, DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough, Hillsborough Attorney
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
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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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
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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Saturday, October 15, 2005
Florida DUI Information
DUI 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.">Florida Driver License Information DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
DUI Tampa
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.">Florida Driver License Information DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
DUI Tampa
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Friday, October 14, 2005
Tampa DUI Checkpoints and Wolfpacks
Hillsborough County Sheriff and the Florida Highway Patrol
Operation 3D is a public awareness plan that is designed to enhance the Hillsborough County Sheriff's Office ability to promote problems commonly associated with motorists who drink and drive. It will serve to encourage voluntary compliance of existing traffic laws by motorists.
Operation 3D is a public awareness plan that is designed to enhance the Hillsborough County Sheriff's Office ability to promote problems commonly associated with motorists who drink and drive. It will serve to encourage voluntary compliance of existing traffic laws by motorists.
Labels: DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer
Sunday, October 09, 2005
Tampa DUI Checkpoints and How they Operate
As traffic slowly passes by, cars are selected at specific intervals and routed into the checkpoint. The driver is greeted, given some information about the operation and allowed to leave. However, should an impaired driver be encountered, further investigation is conducted which would result in the driver's arrest if he or she is found to be impaired.
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Tuesday, September 27, 2005
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.'"
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.'"
Labels: DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough
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