Fighting for you, a friend, or your Family.

Call 813-222-2220

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.

Friday, August 05, 2016

DUI Temple Terrace Florida Defense Attorney

Temple Terrace, DUI Temple Terrace

DUI Temple Terrace Florida Defense Attorney

Board Certified Criminal Trial Lawyer
(813) 222-2220





If you have been charged with or accused of DUI in this small Florida town, then you are not alone. With Hillsborough River flowing through this community, it is also possible to have a BUI - Boating Under the Influence charge. With sky-rocketing insurance premiums, loss of a driver's license and possible jail time, you could use some help to fight back from a Former Temple Terrace, Florida DUI Prosecutor.

Temple Terrace DUI Officers sometimes use Unmarked Vehicles to Patrol the city. The Temple Terrace Police Department has a zero-tolerance DUI policy and aggressively enforces the state’s DUI traffic laws. You can review the police department's activities here. The city is also known for an unruly strtch of roadway on 56th Street where there are nearly a dozen "no u-turn" signs.

Wednesday, August 03, 2016

DUI Plant City Florida Defense Lawyer | Attorney | (813) 222-2220

DUI Plant City Florida Affordable Defense


Experienced Help for DUI charges in Plant City Florida from a Former Plant City DUI Prosecutor

Plant City Florida Defense Lawyer, W.F. "Casey" Ebsary, Jr.

Board Certified Criminal Trial Lawyer


(813) 222-2220



Where will my DUI Case be heard?


Plant City Florida DUI Defendants can get affordable help from Former Prosecutor, W.F. "Casey" Ebsary, Jr. Casey was an Assistant State Attorney / Prosecutor in the Hillsborough County, Florida State Attorney's Branch Office located at 302 North Michigan AvenuePlant CityFlorida. Persons charged with DUI or DWI or BUI in Plant CityFlorida can call me for help when DUI troubles arise at 813-222-2220.

Saturday, July 16, 2016

DUI St Petersburg Attorney (813) 222-2220 Lawyer

DUI St Petersburg Attorney Lawyer Call for help when DUI troubles arise
(813) 222-2220


Board Certified Criminal Trial Lawyer

DUI St Petersburg Attorney Lawyer St Petersburg DUI St Pete DUI Board Certified Attorney Lawyer W.F. “Casey” Ebsary, Jr., St. Petersburg DUI Attorney  Lawyer, Board Certified Criminal Trial


Free Search You can Use Google to Search my Florida DUI Database for Free - If you do not find an answer, call me.

Sunday, July 10, 2016

Playing Video Games Cost DUI Cops Big Time - Motion to Dismiss Granted

dui, failure to preserve evidence, Motion to  Dismiss, Motion to Suppress, Video,
Motion to Dismiss Granted

Motion to Dismiss Granted


"the Deputy acted in bad faith by failing to follow the policy of the Sheriff's Office when the Deputy had the ability to video record the field sobriety tests and failed to do so" 

We have previously noted that failure to preserve evidence in a DUI case can be a defense. See http://www.dui2go.com/p/dui-attorney-tampa-home.html .  One Florida county we frequently have appeared in has become notorious for “losing” videos of suspects.

Sample Video Policy Policy Manuals