Saturday, January 02, 2010
Tampa DUI Videos - Hillsborough County Sheriff Shuts Down Cameras
Video cameras in the Hillsborough County Jail have been shut down. The videos from the jail have been used to dismiss DUI charges and to file civil rights lawsuits charging excessive use of force. The solution to cover up the abuses at the jail - Sheriff David Gee shut off the cameras. We previously reported on the use of these Tampa Hillsborough DUI Videos here.
DUI in Tampa or Hillsborough County? Tell me Your Story Toll Free 1-777-793-9290.
Labels: David Gee, DUI Tampa, DUI Tampa Attorney, DUI Tampa Lawyer, Hillsborough County Sheriff, Hillsborough DUI Attorney, Hillsborough DUI 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
Sunday, June 22, 2008
Florida DUI Penalties Update
Tampa 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
Labels: DUI Penalties, DUI Tampa, DUI Tampa Attorney, DUI Tampa Lawyer, ignition interlock
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
Labels: DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough, dui hillsborough attorney, DUI Tampa, DUI Tampa Attorney, DUI Tampa Lawyer, florida dui, florida dui lawyer, Traffic Citation
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
Labels: dui florida attorney, DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough, dui pinellas, DUI Tampa, florida dui attorney, florida dui lawyer
Thursday, December 06, 2007
Florida DUI Statute of Limitations
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
Labels: dui, DUI Florida Attorney Lawyer, DUI Tampa, florida dui, florida dui attorney, florida dui lawyer, florida statute of limitations
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
Labels: DUI Florida Attorney Lawyer, DUI Hillsborough, DUI Tampa, Hillsborough Attorney, ignition interlock, Tampa Attorney
Friday, September 28, 2007
DUI Checkpoint Tampa after the USF game
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
Labels: DUI Tampa, DUI Tampa Attorney, florida dui, florida dui attorney, florida dui lawyer, Tampa Attorney
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
Labels: DUI Florida Attorney Lawyer, DUI Hillsborough, DUI Tampa
Friday, June 29, 2007
A New DUI Blood Alcohol Record
A woman apparently tied a world record when toxicology lab measured a blood-alcohol content of 0.50 two hours after she was arrested for investigation of drunken driving - more than six times the legal limit of 0.08.Labels: dui, dui blood test, DUI Tampa, DUI Tampa Attorney, florida dui
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.Labels: cocaine dui, DUI Florida Attorney Lawyer, dui hillsborough attorney, DUI Tampa, DUI Tampa Attorney
Tuesday, January 30, 2007
Florida Intoxilyzer 8000 Documentation
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)
Labels: dui, dui hillsborough attorney, DUI Tampa, DUI Tampa Attorney, florida dui attorney, florida dui lawyer, Intoxilyzer
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
Labels: DUI Hillsborough, dui hillsborough attorney, DUI Tampa, DUI Tampa Attorney, florida dui attorney, florida dui lawyer
New DUI Pod Cast Criminal Procedures in Florida Courts
Click on iTunes icon to Subscribe to our new DUI Pod Cast on Criminal Procedures in Florida Courts. This 9 Minute Podcast will go step-by-step on a a legal journey through the criminal justice system in Florida. Narrated by Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr., a Florida legal expert.
Labels: DUI Tampa, DUI Tampa Attorney, DUI Tampa Lawyer
Wednesday, November 01, 2006
DUI Tampa - Florida Hardship License Prohibited
Hardship License Prohibited:
1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Florida DUI Hardship License
1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Florida DUI Hardship License
Labels: DUI Tampa, florida dui, florida dui lawyer, florida hardship license, hillsborough, online traffic school
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.
Labels: DUI Florida Attorney Lawyer, DUI Hillsborough, dui hillsborough attorney, dui lawyer, DUI Tampa, DUI Tampa Attorney, florida dui, florida dui attorney, florida dui lawyer
Monday, January 02, 2006
DUI Tampa - Alcohol Monitors
South Florida judges use anklets to keep tabs on problem drinkers - : "An anklet that detects alcohol consumption 24 hours a day.
It has only been used a handful of times involving drunken-driving and domestic-violence cases since this summer, but the monitoring system shows promise. It can help provide greater scrutiny than random alcohol testing, advocates say. 'I've been pretty pleased about it,' said Palm Beach County Circuit Court Judge Charles Burton, who hears misdemeanor criminal cases such as DUI and domestic battery and has used the monitor in about half a dozen cases. Some judges say the monitoring system -- which tests a person's perspiration for signs of alcohol -- provides another tool for controlling defendants with alcohol problems. Judges routinely order drunken-driving defendants not to use alcohol, which can be difficult to enforce."
It has only been used a handful of times involving drunken-driving and domestic-violence cases since this summer, but the monitoring system shows promise. It can help provide greater scrutiny than random alcohol testing, advocates say. 'I've been pretty pleased about it,' said Palm Beach County Circuit Court Judge Charles Burton, who hears misdemeanor criminal cases such as DUI and domestic battery and has used the monitor in about half a dozen cases. Some judges say the monitoring system -- which tests a person's perspiration for signs of alcohol -- provides another tool for controlling defendants with alcohol problems. Judges routinely order drunken-driving defendants not to use alcohol, which can be difficult to enforce."
Labels: alcohol, attorney, dui, dui blood test, DUI Tampa, Tampa Attorney
Sunday, December 11, 2005
DUI Tampa Prevention Tips
Labels: DUI Tampa, DUI Tampa Attorney, florida dui, florida dui attorney, florida dui lawyer, florida lawyer
Wednesday, December 07, 2005
DUI - Legal fight centers on breath tests
Wednesday, December 07, 2005
"A heated battle in Seminole over DUI evidence, a state attorney seeks changes to the law. . . .
Saying a Seminole County judge has gone too far and is putting the public in danger, State Attorney Norm Wolfinger is pressing Florida legislators to revise the state's drunken-driving law during its five-day special session this week. It was unclear Monday whether anyone would introduce his bill, and Russell Schweiss, a spokesman for Gov. Jeb Bush, said there was virtually no chance the item would be added to the session's agenda. Wolfinger, whose territory covers Seminole and Brevard counties, asked for the change Friday evening, three days after Seminole County Judge Ralph Eriksson threw out all the evidence against a 27-year-old Casselberry man arrested on a drunken-driving charge. That move was the latest and most aggressive by Eriksson, one of four Seminole County judges who since January have thrown out hundreds of breath-alcohol readings, saying Wolfinger's office is withholding evidence. That evidence is the computerized source code at the heart of the Intoxilyzer 5000, the breath-alcohol machine used by every law-enforcement office in the state."
"A heated battle in Seminole over DUI evidence, a state attorney seeks changes to the law. . . .
Saying a Seminole County judge has gone too far and is putting the public in danger, State Attorney Norm Wolfinger is pressing Florida legislators to revise the state's drunken-driving law during its five-day special session this week. It was unclear Monday whether anyone would introduce his bill, and Russell Schweiss, a spokesman for Gov. Jeb Bush, said there was virtually no chance the item would be added to the session's agenda. Wolfinger, whose territory covers Seminole and Brevard counties, asked for the change Friday evening, three days after Seminole County Judge Ralph Eriksson threw out all the evidence against a 27-year-old Casselberry man arrested on a drunken-driving charge. That move was the latest and most aggressive by Eriksson, one of four Seminole County judges who since January have thrown out hundreds of breath-alcohol readings, saying Wolfinger's office is withholding evidence. That evidence is the computerized source code at the heart of the Intoxilyzer 5000, the breath-alcohol machine used by every law-enforcement office in the state."
Labels: DUI Tampa
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
Labels: DUI Florida Attorney Lawyer, DUI Hillsborough, DUI Tampa, DUI Tampa Attorney
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
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
Labels: business purpose license, DUI Florida Attorney Lawyer, dui florida lawyer, dui hillsborough attorney, dui hillsborough lawyer, DUI Tampa, DUI Tampa Attorney
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
Labels: dui florida attorney, dui florida lawyer, DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, DUI Tampa, DUI Tampa Attorney
Sunday, October 09, 2005
DUI Tampa Attorney FAQ
"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
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
Labels: dui blood test, DUI Tampa, florida dui, florida dui attorney, florida dui lawyer, florida lawyer, Tampa Attorney
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."
Labels: DUI Florida Attorney Lawyer, dui hillsborough attorney, DUI Tampa, DUI Tampa Attorney, sr22
Confessions DUI and the Corpus Delicti Rule - Tampa DUI
Appeals court ruled it was error to allow state to introduce defendant's confession into evidence before state had proven corpus delicti of offense of DUI with serious bodily injury -- There can be no conviction for DUI with serious bodily injury without proof that defendant was driving vehicle and was impaired at time of crash, and there was no evidence independent of her confession that defendant was actually behind wheel of vehicle at time of crash -- Conviction for DUI with serious bodily injury reversed, and defendant is to be discharged for this offense -- Defendant's confession was properly admitted into evidence as to offense of leaving scene of crash with injuries because victim testified that he was hit by car which fled the scene
Reported at 30 Fla. L. Weekly D2379a
Reported at 30 Fla. L. Weekly D2379a
Labels: corpus delicti, dui, DUI Tampa, DUI Tampa Attorney, florida dui lawyer
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