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Tuesday, March 10, 2015

Tampa DUI Bars and Restaurants - Map of Hot Spots - DUI Attorney Tampa

Dine, Dance, and Detained: How to Avoid DUI Charges - Tips From a DUI Attorney Tampa 

Hyde Park DUI Lawyer
Dine, Dance, and Detain
DUI attorneys in Tampa know there are certain locations generally and several bars, specifically that generate much of the DUI traffic stop action for law enforcement agencies. Police are tracking where drivers who have been arrested reported having their last drink. Unfortunately, for the bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers. Not surprisingly, in general, the neighborhoods close to the Tampa Police Department headquarters are hot spots for DUI arrests. Hyde Park and Ybor City are frequent entries on incident reports according to the media. Best advice - make sure to arrange a ride home.

"Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening."

Video of a driving under the influence traffic law enforcement officer from court proceedings at the Hillsborough County Courthouse told drivers what many already knew - cops watch bar parking lots. Now drivers and visitors to the area can know statistically what geographic areas are targeted and which bars they may be watching.

Avoiding DUIs in Tampa from WF Casey Ebsary Jr 813.222.2220


Tampa DUI Attorney
"The last-drink survey system does have some flaws, Morgan admitted. Some of the people who are charged with DUI were drinking at a private residence or refuse to answer deputies' questions." TBO.com

One of the DUI hot spots is the Town N' Country area located near Tampa International Airport. The basis for some of these traffic stops is improper lane changes. The roads near the airport are confusing and with so much construction, the signage is not always clear. Visitors are the frequent victim of DUI patrol officers in this section of Hillsborough County, Florida.

The Hyde Park neighborhood has several streets that are one-way only and drivers exiting the bars and restaurants in the community are stopped for going the wrong way on the many one-way streets.

5 Bars in Hillsborough County


"Bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers."

MacDinton's 405 South Howard Avenue, Tampa, FL 33606

The Kennedy 2408 West Kennedy Boulevard, Tampa, FL 33609

Peabody's 15333 Amberly Drive, Tampa, FL 33647

G Bar/Fusion 1401 East 7th Avenue, Tampa, FL 33605

Liquid 1502 East 7th Avenue, Tampa, FL 33605

Source: http://tbo.com/news/crime/where-did-dui-drivers-have-their-last-drink-hillsborough-deputies-know-20141121/

How to avoid a DUI in Tampa Florida

10 Tampa Bars in 2013


"Police officer candidly admits the obvious - cops sit on bar parking lots."

The most frequently reported last drink taken occurs at some of the places listed below. Cops ask people they have arrested:

Where they have been? 
How much they drank?  and 
Where they were going? 

Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.

Where to go to Increase the Odds of a DUI Arrest 

"Next time you visit some of the area's more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.' TBO.com

1-MacDinton's
2- The Kennedy
3- Hyde Park Cafe
4- Seminole Hard Rock Casino 
5- Peabody's
6- The Lodge
7- Blue Martini
8- CDB Pizza
9- The Drynk
10- Gaspar's Grotto

Source: http://tbo.com/news/crime/where-did-dui-drivers-have-their-last-drink-hillsborough-deputies-know-20141121/



How to avoid a DUI






Calling Captain Obvious 

D U I Officers Watch Bar Parking Lots.


"Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures"

Court proceedings in many Florida courts can be videotaped. Below is the sworn testimony from a Tampa Police Department Sargeant who was well-versed in police tactics in Tampa Bay.  The police officer candidly admits the obvious - cops sit on bar parking lots. DUI Defense Attorneys have suspected this for years. The video tells us they watch parking lots, act on tips received by phone and other types of electronic messages. We have protected the identity of the officer and give him credit for testifying so candidly. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures he says, "I get all kinds of stuff."

Assume this is the practice everywhere - Pinellas, Pasco, and Hillsborough counties in Florida. One DUI attorney has said "as there was a basis for the traffic stop and probable cause for the arrest, how or why an officer got involved in a DUI stop is irrelevant." Be warned.



Checklist for hiring an Attorney.

Is the Lawyer Board Certified?
Is the Lawyer Experienced?
Will you receive Personal Attention?
Is the Lawyer a Former DUI Prosecutor?

Visit  W.F. Casey Ebsary Jr. on Vimeo.


 DUI Traffic Stop and 

Field Sobriety Test Videos

D U I Lawyer Casey Ebsary 813-222-2220 is also in the process of publishing an entire video library in HTML 5 / iFrame format so all of our viewers can see the short films on their iPhones and iPads. Enjoy. 

The YouTube video channel is here: 


Channel on Vimeo here: 


Channel on Dailymotion here:

D U I Video Policy


"the video camera is activated when the emergency overhead lights come on and does not shut off until the traffic stop is completed"

We just obtained a copy of the Standard Operating Procedures Manual that is in effect for D U I prosecutions by Florida Highway Patrol Troopers. We have seen several cases in a row in one Florida county where they can't seem to find the video of our client's case. Many of the missing video cases have happened in Pasco County, but the Policy is in effect statewide and should also cover other D U I cases.

How to avoid a DUI - DUI Video Standard Operating Procedures
DUI Video Florida Policy Manual
Apparently, the video camera is activated when the emergency overhead lights come on and does not shut off until the traffic stop is completed. There are also detailed requirements and time periods for retention of videos. Read it for yourself at the link below.

Locations of DUI Arrests in Pinellas County, Florida 33778


This is a zip code in Pinellas County that has DUI arrests reported - 33778. Pinellas County Prosecutors at the main courthouse on 49th Street are noted for their persistence in prosecutions. They are known to list MADD (Mothers Against Drunk Driving) as parties to be notified in their court filings. Fighting DUI charges in this county requires an attorney experienced in handling DUI cases. near the Pinellas County, Florida courthouses.


DUI Defense Attorney needed in Pinellas County, Florida 33701 or 33778?
Casey Ebsary is a Pinellas DUI Lawyer who can help with cases in Pinellas County 33778 or 33701. Casey is experienced in handling DUI cases near the Pinellas County, Florida courthouses.


News and Information About D U I Law Enforcement and Detailed Information on Local D U I Checkpoints 

According to sources, The Florida Highway Patrol charged drivers 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. Here are the results.



Two Nights in Pinellas County -

D U I Arrests by the Numbers


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 D U I arrests
* 2 D W L S R (driving while license suspended or revoked)arrests


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

Pinellas D U I Lawyer notes, "The Florida Highway Patrol’s Pinellas Park District [conducts] intensified D U I enforcement ... along U.S. 19 from Park Boulevard north to the Pasco County Line. Utilizing additional troopers they specifically target impaired drivers from 8 p.m. to 3 a.m.. Pinellas D U I Lawyer and an Attorney notes an intensified effort on US Highway 19 in Pinellas County North to the Pasco County line."

If you, a friend, or a loved needs a DUI Defense Attorney Pinellas County, Florida, Casey Ebsary is a Board Certified Criminal Trial Lawyer who can help . Casey is experienced in handling Pinellas DUI cases near the Pinellas County, Florida courthouses. Casey also has a Pinellas DUI resource here.

More Information About Local DUI Law Enforcement 


Cops in Pinellas County 

Pinellas DUI Lawyer found that two Pinellas County deputies were suspended after making a false arrest report, according to an internal affairs investigation and the St Pete Times. The D U I cops conducted a traffic stop that resulted in a D U I charge and a window tint infraction. In court, the cop gave testimony that contradicted his arrest report. Further investigation revealed that the cop searched the vehicle without gaining consent, even though a report said he had consent. In the same traffic stop, another Deputy made a false report. The internal affairs investigation says that cop lied in his report about reading the suspect his Miranda rights.




Pinellas D U I Mobile Video Unit


Florida DUI Mobile Breath Test - How to avoid a DUI
Florida DUI Mobile Breath Test
Florida DUI Attorney has an exclusive photo of one of the tools used by a D U I Unit in Pinellas County. This St. Petersburg Police Department DUI vehicle was spotted at the County Courthouse. It is suspected that the unit is used in D U I wolfpack operations and at D U I checkpoints. The unit supports an intoxilyzer 8000 mobile tester and has powerful lights on the rear for making D U I videos during night time operations.


Cop Awarded and Another Cop Chastised


One police Officer has been with Largo police for six years. He pulled over another cop for a tag light violation and was chewed out by that cop and another cop with another agency. He was named the department's 2009 officer of the year for arresting nearly 150 impaired drivers during his work with the D U I unit that year. Both agencies are investigating the incident.

How to avoid a DUI

Source: http://www.tampabay.com/news/publicsafety/pinellas-sheriffs-deputy-disciplined-for-chastising-largo-police-officer/1141219





D U I Hot Spots in Nearby Florida Counties 


"locations are selected for saturation patrols which are also known as Wolf packs"

Pasco County Sheriff , Florida Highway Patrol, STEP, Selective Traffic Enforcement Patrol Unit, DUI Checkpoints, Sobriety checkpoints, Interstate 75
Interstate 75

According to the one local Sheriff with the County Sheriff's Office, they enforce DUI Laws, "[b]y using a data driven approach specific areas that have been identified as high crash locations are selected for saturation patrols which are also known as Wolf packs." Pinellas D U I cops aggressively patrol these areas to locate and arrest impaired drivers. Wolf Pack operations may be conducted at any time or place with or without prior warning. We thought we would run down a list of the most frequent locations where we find DUI cases in Pinellas County, Florida. Interstate 75, US Highway 19, and The Suncoast Parkway State Road 589.



The Pinellas County Sheriff and the Florida Highway Patrol are the primary enforcers. The Sheriff in one nearby county noted, "The Selective Traffic Enforcement Patrol Unit (S.T.E.P.) The S.T.E.P. Unit is part of the Traffic Enforcement Section of the Sheriff’s Office which also contains the Motor Unit. The S.T.E.P. Pinellas County uses deputies to actively enforce traffic laws in Pinellas County mainly during the nighttime hours which have a higher rate or alcohol and/or drug related crashes. The unit's goal is to reduce the collisions involving alcohol and narcotics. The unit's main function is the detection and apprehension of drivers who are suspected of driving while under the influence of alcohol or narcotics. The cops in Pinellas County, Florida will frequently sign their names to DUI citations with a notation that they are "STEP" deputies (Selective Traffic Enforcement Patrol Unit).


Pinellas County D U I Checkpoint

"Local law enforcement agencies and the Florida Highway Patrol participate in regular DUI Checkpoints"

According to One Local Sheriff, Sheriff, "Sobriety checkpoints are an effective law enforcement tool involving the stopping of a specific sequence of vehicles, at a predetermined fixed location to detect impaired drivers. These operations not only serve as a specific deterrent by arresting impaired drivers who pass through the checkpoints, but more importantly, as a general deterrent to persons who have knowledge of the operation. Local law enforcement agencies and the Florida Highway Patrol participate in regular DUI Checkpoints." Unfortunately for some drivers, who may not have had lawyers, their convictions may be on their record to this day.

DUI Defense Attorney needed in Tampa, Florida 33606? Casey Ebsary is a Board Certified Criminal Trial Lawyer who was born and raised at 806 South Orleans Avenue in Tampa, Florida 33606. Casey's office is located  in the Channelside District, near the Courthouse.

Tell Your Story. 813-222-2220.

DUI Defense Attorney Lawyer 33606


Highly Qualified DUI Defense Lawyer Near 33606

"Less than one-half of one percent of Florida's attorneys have qualified for this distinction."

DUI Attorney Tampa | Board Certified Expert
DUI Attorney Tampa and Criminal Defense Attorney, W.F. "Casey" Ebsary, Jr. is a criminal defense attorney and former DUI prosecutor. Casey prosecuted and defended hundreds of cases in Hillsborough County Florida. Casey is ready to help with all types of criminal charges including drug charges and Driving Under the Influence DUI where drug use is alleged. Let an expert help prepare the best defense.

Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than one-half of one percent of Florida's attorneys have qualified for this distinction. Click on the Florida Bar Board Certified Criminal Trial icon to review Casey's qualifications. Then give Casey a call to discuss how he can help you, a family member, or a loved one.

Casey is available for a free phone consultation at 1-877-793-9290 or 813.-222-2220.

Casey Ebsary Tampa DUI Attorney Defense Attorney Channelside Tampa FL

Tampa DUI Attorney | Defense Attorney

Florida Drivers are Targets in Law Enforcement Contests - DUI Arrest Quotas, Contests, and Prizes

DUI Defense Attorney, Arrest Contest, DUI Arrest Contest
Worst DUI Award
A recent press release by a Florida DUI law enforcement agency noted a prize package worth $15,000 or the keys to a new car. These valuable items were on the line during a sponsored contest to see who was the best in the business in traffic law enforcement. Tampa DUI Attorney, Casey Ebsary has been studying these contests for years and this year's disturbing update shows a continued trend.

"placing third, which equals $10,000 in money for the agency to spend" 

Cops are rewarded for traffic stops. Notwithstanding their constant denials that they have quotas. We have generally referred to these as DUI arrest contests. Feel free to use the search window on our website to review this sordid history.  We will cite all authorities so our DUI Defense Attorney readership can use them at their next jury trial, the next time these folks deny statistically driven, money-motivated, prize-seeking arrest decisions, give them with a healthy dose of the truth.

Law Enforcement Contests

Police are proud of these contests in their media campaigns, but are quick to deny before juries and judges. A recently uncovered memo from a Florida West coast law enforcement agency touted the number of arrest contest events, the number of arrests, and the completion of a project using "data-driven" statistics. Source: http://www.tspd.us/2013%20Spring%20Strategic%20plan%20review.pdf

One Florida Cop Shop has been awarded "1st place honors in a 'DUI Challenge' and a ‘Law Enforcement Challenge.' ” The agency actually did a Press release, like a sports team announcing selection to the All Star game  or Home Run Derby that three cops had been given awards based upon the numbers of arrests each DUI cop had made. Source: http://www.pnj.com/ Another cop shop "accepted the award at the DUI awards ceremony which was held in Orlando Florida."Source: http://www.thebradentontimes.com  

More about that big DUI party in Orlando in a minute .

DUI Awards | Cash and Car

DUI Law enforcement agencies are proudly posting their "accomplishments" in these arrest contests. One agency "will be entered to draw the winning key that starts a brand-new vehicle, among other prizes." Source: http://www.polksheriff.org/NewsRoom/News%20Releases/Pages/05-30-2013.aspx The DUI cops proudly proclaim: "the agency will be awarded 10,000 "challenge points" for placing third, which equals $10,000 in money for the agency to spend on traffic safety related items (second place earns $12,000, and first place is $15,000). Source: http://www.polksheriff.org/

The State of Florida encourages law enforcement again this year by holding an Olympic-like contest in Orlando. A photo in the report had a cop on foot running behind a traffic patrol motorcycle. This contest kept statistics and awarded performance based on statistical analysis of annual numbers of traffic enforcement actions. They call it the Florida Law Enforcement Challenge. Prizes were awarded for "inventive approaches" to traffic law enforcement. One news source at a major Florida University described the contest as, "creating effective traffic programs that focus on increasing the safety of drivers in Florida. Tackling topics such as drunk driving and protect[ing] the drivers . . . .." The incentive was an award worth $15,000.00. Source: http://www.fsunews.com/article/20140702/FSVIEW/140702006/FSUPD-takes-first-law-enforcement-challenge 

Florida DUI Arrest, Tampa DUI Attorney
Win a New Car
"draw the winning key that starts a brand-new vehicle"

We just studied a case where "inventive" approaches were used to justify traffic stops that resulted in a felony arrest. The Florida Supreme Court will not tolerate these inventions. Source: http://www.drug2go.com/2014/07/can-color-of-vehicle-be-probable-cause.html  . However, by the time a citizen has been arrested, a booking photograph has been posted by the arrest contestants, and their insurance has skyrocketed during years of litigation, what is the true cost?

Traffic and DUI Cop Party Near Disney World

A big shindig was held in the resort-capital of the world, Orlando, Florida. The hotel and restaurants are nice. You can get a discounted rate of $125.00 per night if you shop around. Our family just spent the better part of a week there (at our and not the taxpayers' expense). One sponsor is the Florida Law Enforcement Liaison (LEL) Program. Their office is located in an office park in  Florida's capital Tallahassee. That operation is funded by "the Florida Department of Transportation (FDOT) and the National Highway Traffic Safety Administration (NHTSA). " Source: http://www.floridalel.org/About . They have even posted a contest rewards catalog online. Source: http://www.floridalel.org/Resources/Online-Catalog 

Sales people blog about incentives, as for profit corporations are on the bandwagon at a reception for cops at the Convention near Disney World. Source: http://www.lasertech.com/blogs/Traffic-safety/post/2014/06/02/Florida-Law-Enforcement-Challenge-2014.aspx  Meanwhile, collectively consider the agencies who participate in these profitable and rewarding misadventures as this year's the nominees for worsts.
http://www.duiteam.com

Saturday, March 07, 2015

Florida DUI Hearings | Bureau of Administrative Reviews | Locations

Bureau of Administrative Reviews, DHSMV, fl dui administrative hearing, Florida DUI Hearings
Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479 
Tampa DUI Defense Attorney W.F. "Casey" Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service to those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. The Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews, Department of Highway Safety and Motor Vehicles (DHSMV) are listed below. The hearing is usually requested on a special form, with required documentation,  and a filing fee. Failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.
Bureau of Administrative Reviews

We request and handle these hearings for our Driving Under the Influence clients. Call 813-222-2220 for a free phone consultation.

City Address Zip Code Phone Number
Clearwater 4585 - 140th Avenue, North,
Suite 1002
33762-0000 (727) 507-4405
Daytona
Beach
995 Orange Avenue 32114-4663 (386) 254-3912
Ft. Myers 4048 Evans Avenue, #305 33901-0000 (239) 278-7421
Ft.
Pierce
3223 S. Federal Highway, Suite
#8
34982-8105 (772) 460-3660
Ft.
Walton Beach
115-A Northwest Racetrack Road 32547-1644 (850) 833-9716
Gainesville 2815 NW 13th Street, Suite 302 32609-2861 (352) 955-2030
Jacksonville 7439 Wilson Blvd. 32210-3597 (904) 777-2132
Lauderdale
Lakes
3708 W. Oakland Park Blvd. 33311-0000 (954) 714-3552
Miami 2515 West Flagler Street 33135-1422 (305) 643-7569
Orlando 4101 Clacona Ocoee Road, Suite
#152
32810-4221 (407) 445-5581
Palm Bay 2325 S. Babcock St., Suite B 32901-7121 (321) 984-4810
Panama
City
237 West 15th Street - Lincoln
Center
32401-0000 (850) 872-7747
Pensacola 7282 Plantation Road, Suite #406 32504-6331 (850) 494-5728
Tallahassee 504-A Capital Cr. S. E. 32301-3817 (850) 487-2788
Tampa 2814 E. Hillsborough Ave. 33610-4479 (813) 276-5795
West Palm
Beach
1299 West Lantana Road      33462 (561) 540-1191
Winter
Springs
290 East SR 434 32708-0000 (407) 327-6678

Administrative Hearing Location in Tampa | Florida | DUI Administrative Hearing



DUI Tampa Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews Florida Hearing Office in Hillsborough County, Florida.


Sunday, March 01, 2015

Free Arrest Warrant Service | Check Florida Warrant for Free

Florida Arrest Warrant Search
Need Help Clearing Up a Florida Arrest Warrant? 


Call Casey at 813-222-2220.

Free Service | Use the Arrest Warrant Service to Check for Florida Arrest Warrants

Please note: The database contains Florida warrant information as reported to the Florida Department of Law Enforcement by law enforcement agencies throughout the state and authorized for release to the public. FDLE and the reporting agencies strongly recommend that no citizen take any individual action based on this information. 

Warning:

This information is not to be used as a confirmation that any warrant is active, or as probable cause for an arrest. Information contained herein should not be relied upon for any type of legal action.

Source: http://pas.fdle.state.fl.us/pas/person/displayWantedPersonsSearch.a

Tuesday, February 24, 2015

Florida DUI Statute of Limitations

dui, DUI Florida Attorney Lawyer, DUI Tampa, florida dui, florida dui attorney, florida dui lawyer, florida statute of limitations,
Florida DUI
Statute of Limitations
Florida DUI 
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.

Statute of Limitations Running in Your Case?

Call 813-222-2220


Take a look at Florida Statute 775.15.

775.15 Time limitations; general time limitations; exceptions.—

(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.

(b) A prosecution for any other felony must be commenced within 3 years after it is committed.

(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.

(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

(3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.

(4)(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.

(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant’s absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay.

(c) If, however, an indictment or information has been filed within the time period prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside.

(5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state.

(6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time.

(7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a “destructive device,” as defined in s. 790.001, may be commenced within 10 years.

(8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed.

(9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation.

(10) A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed.

(11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed.

(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:

(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.

(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater.

(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

(b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003.

(c) If the offense is a violation of s. 794.011 and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2010.

(14) A prosecution for a first or second degree felony violation of s. 794.011, if the victim is 18 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense, may be commenced at any time. If the offense is not reported within 72 hours after the commission of the offense, the prosecution must be commenced within the time periods prescribed in subsection (2).

(15)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. An offense of sexual battery under chapter 794.

2. A lewd or lascivious offense under s. 800.04 or s. 825.1025.

(b) This subsection applies to any offense that is not otherwise barred from prosecution between July 1, 2004, and June 30, 2006.

(16)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. Aggravated battery or any felony battery offense under chapter 784.

2. Kidnapping under s. 787.01 or false imprisonment under s. 787.02.

3. An offense of sexual battery under chapter 794.

4. A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5).

5. A burglary offense under s. 810.02.

6. A robbery offense under s. 812.13, s. 812.131, or s. 812.135.

7. Carjacking under s. 812.133.

8. Aggravated child abuse under s. 827.03.

(b) This subsection applies to any offense that is not otherwise barred from prosecution on or after July 1, 2006.

For more information visit www.DUIFla.com .

Statute of Limitations in Your Case? Call 813-222-2220

DUI Tampa Florida Attorney Lawyer

Saturday, February 21, 2015

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Friday, November 14, 2014

Tinkering with Breath Machines Used in Florida DUI Prosecutions may be Over

dui breath test, Intoxilyzer Results
Florida Intoxilyzer Lawyer
Florida State officials have made modifications to breath machines and their software for years. Courts have looked the other way until now. 

For years the breath results in DUI cases were admitted into evidence and shown to a jury with no scientific evidence presented in court as to the machine's accuracy. Recently, a Florida Driving Under the Influence court ruled that the State Attorney must establish the admission of an Intoxilyzer Breath Test result. Prosecutors must use the traditional scientific predicate  to introduce breath test results from Intoxilyzer 8000 in a trial. The court ruled that it could not determine whether the modified Intoxilyzer 8000 used in Florida was same machine / instrument approved by NHTSA ( National Highway Traffic Safety Administration ) for use in Florida.

Complete Text of the Opinion

State v. Garcia, ( 20th Cir Aug 20, 2014) (appeal of consolidated county court cases).

This interlocutory appeal represents twenty-six Collier County appeals that have been consolidated into one because they involve identical issues regarding the Intoxilyzer 8000, appealed from identical non-final orders issued in each of the county court cases by a single judge. We have jurisdiction pursuant to Fla. R. App. P. 9.030(c). Appellate review of a trial court's ruling on a motion to suppress is a mixed question of fact and law. State v. Busciglio, 976 So. 2d 15 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D267c]. “The trial court's findings of fact are presumed correct and will be reversed only if they are not supported by competent, substantial evidence.” Id. at 18. The appellate court's review of the trial court's application of the law to its determination of facts is de novo. Id. We affirm the decision of the trial court.

Appellants presented two issues for appeal after the trial court denied suppression of the breath test results and required the Appellants to establish the traditional scientific predicate prior to admitting the results at trial. As to Issue I, whether the Appellees sustained their burden of proving that the State of Florida did not perform the breath tests in question on an approved breath test instrument, thereby depriving the State of the benefit of the implied consent law, we affirm the trial court's ruling without further discussion.

As to Issue II, whether the trial court erred in ordering the State of Florida to establish the traditional scientific predicate in order to introduce breath test results at trial, this Court holds that: (1) the trial court made the correct legal conclusion that FDLE regulations required that the Intoxilyzer 8000 be in continued compliance with NHTSA's model specifications; and (2) competent substantial evidence supported the trial court's ruling that the State was required to establish the traditional scientific predicate. In its initial brief, the State requests that this Court rule on whether the modified Intoxilyzer 8000 is the same instrument as the one listed on the NHTSA conforming products list. However, the Appellate Court has no authority to make such a factual finding. Farneth v. State, 945 So. 2d 614 (Fla. 2d DCA 2006) [32 Fla. L. Weekly D65a] (holding that a fundamental principle of appellate procedure is that an appellate court is not empowered to make findings of fact).

The State further asks this Court, if it were to find that the modified Intoxilyzer 8000 was a different instrument, whether FDLE must resubmit the device for retesting in order to continue to use the machine. However, this issue misstates the trial court's ruling. In its Order, the lower court did not exclude the use of the breath test results; rather, the lower court ordered that the State must establish the traditional scientific predicate in order to introduce the results at trial. In addition, the lower court did not order that the State must resubmit the machine to NHTSA.

The determination of whether the State showed substantial compliance with the Implied Consent law is a factual finding by the trial court. The appropriate standard of review for factual findings is whether the findings are supported by competent substantial evidence. The trial court did not err in concluding that the State failed to demonstrate substantial compliance with the Implied Consent law. The trial court ruled that it could not determine whether the instrument was the same as the one approved for use in Florida in light of all of the modifications that occurred and the fact that those modifications were not reported to NHTSA. The presumption of correctness is strongest when reviewing a judgment based upon factual findings of the trial court. Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Prop. Owners Ass'n, Inc., 949 So. 2d 347 (Fla. 4th DCA 2007) [32 Fla. L. Weekly D605b]. The trial court's ruling on Issue II is affirmed.

Accordingly, we AFFIRM. (CARLIN, STEINBECK, M.O., and VOLZ., JJ., concur.)

DUI2Go.com Conclusion


Tinkering with Intoxilyzer 8000 Breath Machines used in Florida DUI Prosecutions may be over.