Thursday, June 25, 2009

New Port Richey Florida - DUI Checkpoint

Pasco DUI Checkpoint Attorney Pasco DUI Defense Attorney notes that in New Port Richey, Florida you may consider a designated driver. New Port Richey Police Department (NPRPD) Pasco County Sheriff's Office (PCSO) officers and deputies will be operating a DUI checkpoint. We havent seen the checkpoint plan, but one media outlet has reported that the stops will be random. Law enforcement must lay out a specific plan as previously noted on this site. These cases generate significant revenues for the county and law enforcement.

One local resident states that the speed limit on some local streets near the checkpoint are different, depending on which direction you travel. For example, northbound on Congress Street the speed limit is is 40 miles per hour - southbound its 35 mph.


Pasco County DUI Checkpoint Attorney / Lawyer W.F. ''Casey'' Ebsary, Jr. is available to check the facts, when DUI Checkpoints are a problem. Stop Worrying and Call Toll Free 1-877-793-9290.

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Thursday, April 23, 2009

Pinellas DUI Checkpoint Invalid

pinellas dui attorney, Pinellas DUI LawyerPinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. Competent substantial evidence is evidence ''sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.'' See Department of Highway Safety and Motor Vehicles v. Trimble, 821 So.2d 1084, 1087 (Fla. 1st DCA 2002) (citing DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957)).

The Pinellas DUI checkpoint plan stated that it was to begin at 12:30 a.m. and end at 3:30 a.m.. The Police reports completed by the Deputy, stated that the defendant was placed under arrest at 12:35 a.m. after failing the field sobriety tests. The Deputy was not called to testify and there is no other evidence to refute the time of arrest. The court found that such an exchange would necessarily take longer than 5 minutes. Hence, the Court finds that the defendant was stopped before 12:30 a.m. in violation of the Plan.

The opinion is available as a free download here.

Pinellas DUI Checkpoint Invalid

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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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Wednesday, April 08, 2009

Seven Charged at Pinellas County DUI Checkpoint - Wolfpack

DUI checkpoint, St Petersburg DUI, Pinellas DUI attorney, Pinellas DUI LawyerPINELLAS COUNTY DUI - According to Bay News 9, The Florida Highway Patrol charged seven drivers were charged with DUI during a recent operation. Other drivers received citations or arrests. The checkpoint was located on U.S. Highway 19 at Mainlands Boulevard.

The next night, DUI Wolfpack officers on operated on Interstate 275 between the Howard Frankland Bridge and 58th Avenue North and along Gandy Boulevard between the Gandy Bridge and 66th Street.

The Tally on Night One:

* Five felony arrests
* 3 DUI arrests
* 38 citations
* 17 misdemeanor arrests

The Tally on Night Two:

* 89 other citations
* 4 DUI arrests
* 2 DWLSR (driving while license suspended or revoked)arrests

The operation included officers from the Pinellas County Sheriff's Office, Florida Highway Patrol (FHP), and the St. Pete Beach, Largo, and Pinellas Park Police Departments.

When DUI in Pinellas County is a problem, Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. is here to help. Call Toll Free 1-877-793-9290.

DUI checkpoint, St Petersburg DUI, Pinellas DUI attorney, Pinellas DUI Lawyer

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Tuesday, January 27, 2009

DUI Florida Checkpoints Invalid

DUI Florida CheckpointsMore DUI cases are being thrown out, this time because of a bad DUI checkpoint.

According to the Court Order, proper guidelines were not followed at the Sheriff's Office checkpoint. The sheriff's office was to stop every 6th car when there are traffic backups or safety concerns However, they stopped every 20th car, violating the previously-approved DUI Checkpoint mission plan. W. F. "Casey" Ebsary, Jr. is a Board Certified Criminal Trial Lawyer with experience fighting DUI charges. He can be reached Toll Free at 877-793-9290.

Source: Bay News 9

DUI Florida Checkpoints Invalid

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Tuesday, October 28, 2008

DUI Tampa Attorney - Checklist Checkpoints

Tampa Florida DUI Attorney CheckpointTampa DUI Attorney reports that a recent decision to deny motion to suppress evidence obtained during stop of defendant's vehicle at a sobriety checkpoint was an error. Court found where state did not show that the checkpoint met legal requirements to pass constitutional standards - case would be thrown out.

The court reviewed Written guidelines for checkpoint and held them deficient. The standards left vehicle selection procedure to discretion of a field officer to develop a contingency plan on the spot in the event of a traffic backup. Case tossed because evidence showed that officers did not strictly adhere to written plan.

Source: 33 Fla. L. Weekly D2238a

DUI Tampa Attorney - Checklist Checkpoints

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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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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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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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Thursday, August 23, 2007

DUI - Tampa Florida Attorney - Over Limit Under Arrest

The Florida Department of Transportation and law enforcement agencies statewide are joining to implement an aggressive crackdown on drunken drivers. Operation "Drunk Driving. Over the Limit. Under Arrest" was officially kicked off last week and will run through Labor Day. According to the St. Pete Times, "Our law enforcement partners will be out in force conducting sobriety checkpoints, saturation patrols, and using undercover officers to get more impaired drivers off the road," said Department of Transportation Assistant Secretary, Kevin Thibault. Close scrutiny of every vehicle on the road in the next two weeks, including motorcycles, RVs and campers will be in effect.

DUI - Tampa Florida Attorney

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Thursday, August 02, 2007

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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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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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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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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