Fighting for you, a friend, or your Family.

Call 813-222-2220

Wednesday, February 22, 2017

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

Saturday, February 18, 2017

Watch out for a #DUI checkpoint.

DUI checkpoints in Tampa, FL
Police Roadblocks for DUI

Traffic Roadblock


Traffic Roadblocks are in use in Tampa, Florida. Jump to bottom of page for more roadblock coverage and a map. Meanwhile, watch out for a #DUI checkpoint traffic roadblock on Fri, Feb 17 to Sat, Feb 18, near the 7200 block of Adamo Dr. 10 p.m. – 1 a.m.  in Tampa. This spot is conveniently located right near the Hillsborough County Jail on Orient Road in Hillsborough County Florida.

State and federal authorities frequently provide the funding for these operations. Although there are a few DUI arrests, there are frequently arrests for a broad range of criminal charges. We expect arrests for drug crimes, warrants, and minor driver's license issues. Be careful.



More Traffic Checkpoint Information



Tampa DUI Checkpoint Roadblock Police Manual

www.dui2go.com/2014/06/tampa-dui-checkpoint-roadblock-police.html

Officers may occasionally use a motor vehicle checkpoint, commonly referred to as a roadblock, as a lawful means of traffic law enforcement.


Visit to a DUI Checkpoint - Video - DUI Attorney Tampa On Call

www.dui2go.com/2014/01/visit-to-dui-checkpoint-video.html

We visited a DUI Checkpoint to see what was up. Video courtesy of http://duitampabay.com/.

DUI Checkpoint | There's an App For That | Banned

www.dui2go.com/2011/03/dui-checkpoint-theres-app-for-that.html?m=0

Even though a valid DUI Checkpoint must be announced to the public, Congress may try to ban the use of Mobile Device Applications that announce checkpoints.

Wednesday, February 01, 2017

Video in DUI Case Does Not Lie - So Says the Florida Supreme Court

DUI Video, Florida DUI Video Requirements, DHSMV, Court
Video in DUI Case Does Not Lie
The Video in DUI Case Does Not Lie - So Says the Florida Supreme Court. A hearing officer virtually ignored discrepancies between a video and the reports and the testimony of a law enforcement officer. The court called shenanigans on the lack of body camera recording that could have been produced, but was not. Below are a few passages from this case, the complete Case is below.

"evidence which is totally contradicted and totally negated and refuted by video evidence of record, is not competent, substantial evidence. "

Video on Youtube in this important case is embedded below. The cop cruises along for over 14 minutes and the driving looks fine. Cop drives past a couple of his buddies in the median and activates his overhead lights. The cop is out of the car and in the video for less that 2 minutes. Video is almost a half-hour long and we never see the citizen out of the car to see or hear if he even appeared or sounded impaired. One of our sources says a Court, "applies correct law by rejecting officer testimony as being competent, substantial evidence when that testimony is contrary to and refuted by objective real-time video evidence . . . ." Florida Law Weekly.

You can skip to about 12:00 minutes to see what the video shows about this allegation of impaired driving. There is no audio in the original (court has made it available here DUI in-car Video of Traffic Stop ) - judge the alleged bad driving for yourself.


DUI Video Case Excerpts:



"evidence which is totally contradicted and  totally negated and refuted by video evidence of record, is not competent, substantial evidence. "

"failed to activate his body camera and microphone during his direct contact"

"Every case involving a license suspension contains a Fourth Amendment analysis of whether there was reasonable suspicion to stop the vehicle or probable cause to believe that the driver was in physical control of the vehicle while under the influence of alcohol"

"the real-time video of the events contradicts and refutes the verbal description"


Saturday, January 28, 2017

16 Tips For Surviving Gasparilla Piratefest Invasion

How to Survive Gasparilla Pirate Invasion


Arrest, Driving Under Influence DUI  Property Damage Injury 2nd Conviction, DUI Attorney, Gasparilla, Gasparilla Arrest Video, Gasparilla BUI,
Tampa Gasparilla Tips
for Avoiding Arrests
Tampa Police Department (TPD) used to arrest between 200 and 400 people each Gasparilla on alcohol charges. Now many are issued civil citations for violating the open container law which includes a fine of $75 - $450. In 2012, TPD issued 302 open containers violation civil citations. Tampa Police Department also arrested 8 pirates for Driving Under the Influence (DUI) and 27 underage drinking pirates.

Believe it or not, it is possible to enjoy the Gasparilla Pirate Invasion without waking up with a criminal record or regretting your own birth. Tampa Police Department (TPD) is on a mission to protect and serve during this years Gasparilla Festivities. As you are walking around you may feel like someone is watching you.. You aren't just paranoid, "Big Brother" is watching. The Tampa Police Department has been using mobile surveillance camera units put in place to help secure the Republican National Convention last year.

Other Coverage of Gasparilla Pirate Invasion


16 Tips For Surviving Gasparilla Piratefest Invasion

www.dui2go.com/2013/01/surviving-gasparilla-pirate-invasion.html
 Rating: 5 - ‎Review by Google+ User
Jan 30, 2016 - Tampa Police Department (TPD) is on a mission to protect and serve during this yearsGasparilla Festivities. As you are walking around you may feel like someone is watching you.. You aren't just paranoid, "Big Brother" is watching.

Gasparilla Arrests - Updated

www.dui2go.com/2016/01/gasparilla-arrests.html
 Rating: 5 - ‎Review by Google+ User
Feb 2, 2016 - According to the Hillsborough County Sheriff's records there were few arrests atGasparilla 2016.

Tampa Attorney BUI | Boating Under Influence | Gasparilla Arrest

www.dui2go.com/2011/01/tampa-bui-boating-under-influence.html
 Rating: 5 - ‎Review by Google+ User
Jan 23, 2014 - Call 813-222-2220. Tampa Attorney BUI | Boating Under Influence | Tampa Lawyer BUI |Gasparilla Arrest. tampa attorney bui.

Gasparilla Arrest or Notice to Appear Get Affordable Help From an ...

www.dui2go.com/2011/01/gasparilla-arrest-or-notice-to-appear.html
 Rating: 5 - ‎Review by Google+ User
Jan 29, 2016 - Is there a history of arrests at the Gasparilla Pirate Parade? In 2010 there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff's ...

Gasparilla Wet Zone Map 

www.dui2go.com/2016/01/gasparilla-wet-zone-map-parade.html
 Rating: 5 - ‎Review by Google+ User
Jan 29, 2016 - Gasparilla Wet Zone Map - Gasparilla Parade Map - Legal Alcohol Zone Map.

Believe it or not, it is possible to enjoy the Gasparilla Pirate Invasion without waking up with a criminal record or regretting your own birth. Tampa Police Department (TPD) is on a mission to protect and serve during this years Gasparilla Festivities. As you are walking around you may feel like someone is watching you.. You aren't just paranoid, "Big Brother" is watching. The Tampa Police Department has been using mobile surveillance camera units put in place to help secure the Republican National Convention last year.

Tampa Police believe the cameras will help to stop fights and find lost children.  American Civil Liberties Union of Florida president Mike Pheneger said,"It sounds like (Tampa Police Chief Jane Castor) wants to use them [the cameras] for a set of problems that haven't materialized in previous Gasparilla parades." The Tampa Police will also use Bobcat Golf Carts, bicycles, Segways, and horses.

So here are some guidelines to follow so you wont need legal representation.

Gasparilla Wet Zone Map 2016
Gasparilla Wet Zone Map
2016
Strictly Enforced By the TPD:
  • Must be 21 or older to consume alcohol
  • Open containers only permitted in designated areas
  • Alcohol may not be consumed from kegs or large vessels
  • Must purchase alcohol from vendors
  • Only cans or plastic bottles permitted; no glass or Styrofoam cups or containers
  • Use port-o-lets and other restroom facilities, no public urination
  • No Fighting
  • No Property damage
  • No Trespassing - the parade goes through residential neighborhoods be respectful of their private property.
  • No nudity or flashing (not even in exchange for beads)
  • No Public intoxication
  • No Driving under the influence
  • No motorized vehicles or bicycles
  • No Weapons
  • No Illegal drugs
  • No coolers
Some Good Ideas:
  • Park Remotely - There will be plenty of parking at Raymond James Stadium with a shuttle to the parade route. There is also parking in the Ybor City Garage and take the street car trolley. Some will park in downtown Tampa and Channelside garages or parking lots.
  • Drink water. Standing outside can dehydrate you and alcohol won't help.
  • Eat before you start drinking.
  • Assign a Designated Driver or plan on taking a taxi home.
  • Don't throw away recyclables look for recycling receptacles.

Source: http://www.tampabay.com/news/police-will-watch-gasparilla-crowd-with-cameras-bought-for-rnc/1270946

Saturday, October 29, 2016

Jose Fernandez Video - Florida Baseball Star - Drunk in Boating Crash

Florida BUI Boating Under the Influence
Boating Under the Influence
Florida

Boating Under the Influence Video

 

Boating Under the Influence of cocaine and a blood alcohol level of .147 says CNN today. According to the video, Baseball superstar Jose Fernandez was involved in a boat crash in Florida. Coroner reports blood alcohol of .147 and presence of cocaine. No news on who was driving the boat. Two others on the boat were also killed when the boat hit a Florida jetty in the middle of the night.

There is no evidence yet proving who was driving. That is a significant hurdle for families seeking justice in the civil case.






Wednesday, October 19, 2016

Refusal of a Breath Test | What do police officers do when they are arrested for DUI?

Refusal of a Breath Test
Below is video from inside a jail where a cop is administering Florida's Implied Consent warning given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.

Breath Test Refusal Update


What do police officers do when they are arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?

We have again found out what cops do when THEY are arrested for DUI. Here is an update from a 2016 article: " In the 2016 arrest report, a Pinellas sheriff's deputy wrote that Green's eyes appeared "glossy" and his balance unsteady. He refused to submit to a field sobriety test or a Breathalyzer test to measure his blood alcohol-level."

In the past ten years, this is one topic of interest to many of our viewers.  The breath test is voluntary, if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for hardship license if he submitted to breath test. Cop also told him he would not be eligible if he refused the test.

Due to misinformation, it could not be proven that suspect's decision to submit to test was not influenced by misinformation; state has failed to prove that submission to test was voluntary. Motion to Suppress test results granted. Source: FLW Supp 1703Perd



Refusal of a Breath Test 


When police fail to properly inform suspects of their options under the implied consent law, a defense may be available for DUI  Florida. Under Florida DUI law refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let's go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.




DUI Video  Courtesy of http://www.DUIFla.com.

Florida Law Requires: "The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties.

The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding." 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)

Friday, October 14, 2016

Florida DUI Hearings | Bureau of Administrative Reviews | Locations

The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews 

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 


CAUTION: Special Option for First Time DUI Cases


The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews now allows a Request For Eligibility Review . The program waives the driver's right to challenge the validity of a suspension and will result in a permanent entry of the driving record.. The driving privilege will be limited and there are a few other drawbacks.

With this option selected a driver may stay on the road for business purposes only. Selecting this strategy results in a DUI Suspension that cannot be avoided. Waiver of the suspension hearing, results in the automatic entry on your permanent driving record. The entry will indicate an alcohol related traffic suspension for either refusing to take a breath test or a breath test result over .08.

We have additional information to consider, before making the decision to give up challenging a suspension.

Detailed Information Request For Eligibility Review - Business Purposes Only



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.


Before deciding to waive your right to challenge a suspension, carefully consider what a waiver of your rights means. We request and handle these hearings for our Driving Under the Influence clients.

The Form, HSMV 72034 (0512013)  is available by email upon request from our office.

Bureau of Administrative Reviews Office Locations



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.


Tampa DHSMV Bureau of Administrative Reviews | New Address

BREAKING NEWS 


DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605 


DHSMV Bureau of Administrative Reviews Hearing Office Is Now Closed DHSMV Bureau of Administrative Reviews will reopen Wednesday, October 19 at their original location of 2814 East Hillsborough Avenue. 

 From a Well-Informed Local Source: "If you haven’t noticed, the Tampa Field Hearing Office for the Bureau of Administrative Reviews is now closed. They won’t reopen until Wednesday, October 19 at their original location of 2814 East Hillsborough Avenue." "It would seem that the short sightedness of the DHSMV is biting our clients in the rear again. We contacted the Pinellas Field Hearing Office, and it would seem that they had no backup plan to schedule hearings or issue temporary permits to Tampa DUI defendants. After being put on terminal hold for a half hour, my office was advised that the Pinellas Office would see our clients to issue temporary permits. They are not going to schedule appointments for Tampa, but at least we can get something for our clients to drive on."









Thursday, October 13, 2016

Hillsborough DUI Lawyer | Hillsborough Attorney 813-222-2220 Tampa DUI Florida

Hillsborough DUI Lawyer | Hillsborough Attorney 813-222-2220 Tampa DUI Florida
Hillsborough DUI Lawyer 813-222-2220
Hillsborough DUI Lawyer | Attorney
Call 813-222-2220

Hillsborough DUI Attorney - Charges Defended Since 1997.

Serious Charge | Serious Defense
DUI Attorney Hillsborough

DUI charges in Hillsborough County, Florida? DUI Hillsborough Attorney, W.F. "Casey" Ebsary, Jr. is standing by to help you, a friend, or a loved one. DUI Hillsborough Lawyer Casey Ebsary is a Hillsborough DUI Attorney who prosecuted DUI charges in County and Circuit Court - Both Misdemeanors and Felony. Now he is on your side. If you have a DUI anywhere in the Tampa Bay Area, then you probably have some questions to ask from a Hillsborough dui lawyer. You can have your questions answered by a former Hillsborough County DUI prosecutor, W. F. "Casey" Ebsary, Jr. at 813-222-2220.

Tuesday, September 27, 2016

What is required for a citizen to make a valid arrest for DUI? DUI Citizen's Arrest

 DUI Citizen's Arrest
What is required for a citizen to make a valid arrest for DUI?

What is required for a citizen to make a valid arrest for DUI?


Sometimes citizens try to detain and arrest driver's to hold them for the Police to arrive. This citizen's arrest  is not always legal and can result in all evidence seized from the Defendant, including the results of any field sobriety exercises and any matters related to the intoxilizer test bring suppressed. The evidence can be thrown out an the DUI conviction can be avoided. The standard for a valid citizen arrest is set forth in McAnnis v. State, 386 So.2d 1230 (Fla. 3d DCA 1980). The crime of DUI constitutes a breach of peace, for which a citizen who has observed said breach can effect a citizen's arrest.

The standard for a valid citizen's arrest is as follows:


Friday, September 23, 2016

Tampa Bay DUI Convictions and Dismissals by the Numbers

Hillsborough DUI, Pinellas DUI, Pasco DUI, Conviction Rate

"Hillsborough County has 

the highest conviction rate"


We recently obtained statistics for conviction of driving under the influence in the major counties in the Tampa Bay area. We considered Hillsborough, Pinellas, and Pasco Counties. 

We thought we would ask three questions: 

  • First, which county has the highest conviction rate?  
  • Second, which county has the most DUI charges in the Bay Area? 
  • Third, which county dismissed the most DUI charges?


Which Tampa Bay Area county has the 

highest conviction rate?


Sunday, August 14, 2016

The Recovery of Michael Phelps - DUI

Michael Phelps - Miracles Happen - From Addiction to Gold Medals



The Recovery of Michael Phelps from 2 DUI charges to "Greatest Olympian of All Time" was a long journey that began with his first DUI charge in 2004. The miracle began Less than 2 years before his historic run at the 2016 Olympic Games in Rio.


Michael's recovery is the real story. According to NBC, in September 2014 Michael entered rehab (The Meadows) and received a conviction for his second drunken driving incident. Michael had to complete a USA Swimming suspension that eliminated him from all competitions for six months.

Michael Phelps DUI and Recovery on Twitter


Sunday, August 07, 2016

Saturday, August 06, 2016

DUI Pasco Lawyer Attorney Florida 813-222-2220

DUI Attorney Pasco County FL

Fighting for You, a Friend, or a Loved One


"Trooper sets records for DUI arrests."

Call 813-222-2220 



What happens to my driver's license after a Pasco County DUI Arrest?


If you refuse to take a breath, blood, or urine test after being arrested for DUI, or if results of your breath test were .08% or above, your license will be suspended unless a written demand for an administrative hearing is filed within 10 days after arrest.  Call 813-222-2220 for help now.

DUI News Update from Pasco County, Florida


Video Florida Highway Patrol Arrest Contest

I continue to be concerned with the game that some police agencies have made out of DUI arrests. Cops in Pasco County Florida set out to break a record of some sort and informed the media that a DUI record was broken. The headline reads: "Trooper sets records for DUI arrests."

DUI Polk County Florida Defense Attorney

DUI Lawyer Polk County, FL

Polk DUI Attorney

813-222-2220

Charged With Driving Under the Influence? 

Help for You, a Friend, or Loved One





A Polk DUI Lawyer is standing by. DUI / DWI / Drunk Driving is serious charge to have on your driving record in Polk County. You need a serious defense. DUI Defense can be challenging. The police are the main state witnesses. Scientific evidence from the Intoxilyzer 8000 breath test or blood tests may be presented against you. Damaging evidence against you may include: the breath test, officer's testimony, and Standard Field Sobriety Tests.


Search Casey’s Huge Polk County Florida DUI Database for Free



W.F. ''Casey Ebsary, Jr.'' is a Board Certified Criminal Trial Lawyer and DUI - DWI attorney who helps in Polk County, Florida, has knowledge of these issues, and can help you establish your defense against these and other traffic offenses.

Polk D U I Arrests by the Numbers


We uncovered a report that there are about 1300 to as many as 1600 people arrested each year for DUI in Polk County according to arrest statistics for each Florida County. The most recent traffic citation and DUI Arrest numbers for Polk County are available on our Polk County Florida DUI Law Blog.