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DUI Attorney Tampa Home

W.F. "Casey" Ebsary, Jr.
813-222-2220
Experienced Defense Attorney


Board Certified Criminal Trial Lawyer


2015 Super Lawyer


AV Rated by Martindale Hubbell


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

Defenses

"warrantless search and/or arrest of a driver can result in suppression of evidence"

Invalid Traffic Stop

Failure to have either reasonable suspicion or probable cause to conduct a traffic stop the results in the warrantless search and/or arrest of a driver can result in suppression of evidence collected by the police. Without evidence to present to a jury, the prosecutor can be left with nothing.


Breath Testing Errors

"A competent defense attorney can access those records in each case and detect any failures . . ."

The exclusive machine used for breath testing is the Intoxilyzer 8000. The machine is to be approved, Inspected annually, and maintained monthly. All breath tests are logged and uploaded to a database, along with proof of proper approval and maintenance. A competent defense attorney can access those records in each case and detect any failures to comply with the statutes, rules, and regulations by law enforcement.

Destruction of Evidence

"once the police record an event, there is a duty to safeguard that evidence"

Failure to preserve legally collected evidence, including a video of the arrest, can result in harsh sanctions including a Court Order severely limiting the police and prosecutors. While there is no legal requirement to make a video recording, once the police record an event, there is a duty to safeguard that evidence.

    Florida Statute of Limitations

    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.


    Is the Statute of Limitations Running in Your Case?

    Take a look at Florida Statute 775.15 at the Bottom of this Page

    Help Clearing Up a Florida Arrest Warrant

    Florida Arrest Warrant Search

    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. 

    WarningThis 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


    Where do I go to clear a Driver's License Suspension?

    "Failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension."

    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.


    CityAddressZip CodePhone Number
    Clearwater4585 - 140th Avenue, North,
    Suite 1002
    33762-0000(727) 507-4405
    Daytona
    Beach
    995 Orange Avenue32114-4663(386) 254-3912
    Ft. Myers4048 Evans Avenue, #30533901-0000(239) 278-7421
    Ft.
    Pierce
    3223 S. Federal Highway, Suite
    #8
    34982-8105(772) 460-3660
    Ft.
    Walton Beach
    115-A Northwest Racetrack Road32547-1644(850) 833-9716
    Gainesville2815 NW 13th Street, Suite 30232609-2861(352) 955-2030
    Jacksonville7439 Wilson Blvd.32210-3597(904) 777-2132
    Lauderdale
    Lakes
    3708 W. Oakland Park Blvd.33311-0000(954) 714-3552
    Miami2515 West Flagler Street33135-1422(305) 643-7569
    Orlando4101 Clacona Ocoee Road, Suite
    #152
    32810-4221(407) 445-5581
    Palm Bay2325 S. Babcock St., Suite B32901-7121(321) 984-4810
    Panama
    City
    237 West 15th Street - Lincoln
    Center
    32401-0000(850) 872-7747
    Pensacola7282 Plantation Road, Suite #40632504-6331(850) 494-5728
    Tallahassee504-A Capital Cr. S. E.32301-3817(850) 487-2788
    Tampa2814 E. Hillsborough Ave.33610-4479(813) 276-5795
    West Palm
    Beach
    1299 West Lantana Road      33462(561) 540-1191
    Winter
    Springs
    290 East SR 43432708-0000(407) 327-6678

    Administrative Hearing Location in Hillsborough County | Florida | Street View | Bureau of Administrative Reviews



    Former Prosecutor and Board Certified Criminal Trial Lawyer
    813-222-2220
          - AV Rated by Martindale Hubbell
          - Board Certified Criminal Trial Lawyer
          - Distinguished Author and Lecturer
          - Experienced Defense Attorney
          - Experienced Prosecutor
          - Legal Analyst on Radio and TV
          - Primary Office in Hillsborough County

    W. F. "Casey" Ebsary has been attorney of record in hundreds of cases since 1990. He has represented clients in driving under the influence (DUI) and driving while intoxicated (DWI) cases in many Florida counties. He is a former Assistant State Attorney (Prosecutor) and a former Assistant Public Defender. He has litigation experience which includes counterfeiting, driving under the influence, fraud, forgery, murder, money laundering, and theft.
    Mr. Ebsary has the Martindale Hubbell Directory AV rating. The AV rating is the highest rating issued by this nationally recognized lawyer rating service. An AV Rating shows that a lawyer has reached the height of professional excellence. AV rated lawyers have usually practiced law for many years, and are recognized for the highest levels of skill and integrity.

    Florida DUI Laws

    Florida DUI laws are complex. A conviction can be harsh and result in a permanent criminal record. We will vigorously defend your DUI case in Tampa. We concentrate on the defense of most criminal related traffic offenses. We are the foremost Tampa DUI Attorney.
    DUI Tampa Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews Florida Hearing Office in Hillsborough County, Florida.
    Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479 

    Tampa Florida Cases

    DUI Checkpoint Attorney Tampa 813-222-2220
    Tampa DUI Lawyer
    W.F. ''Casey'' Ebsary, Jr. has again been named a Florida Super Lawyer. The list represents, at most, five percent of lawyers in the state. Casey is also Board Certified by the Board of legal Specialization and Education of the Florida Bar. That group that consists of less than 1/2 of 1 percent of Florida Attorneys.

    Help in Tampa for DUI

    Casey actively researches DUI cases and does field investigation of criminal traffic and law enforcement activities in DUI cases. For example, Casey recently reviewed a Checkpoint decision. In a Florida Driving under influence case, checkpoint procedures were not followed and a Court tossed the charges for that failure. Guidelines must be followed. The court found support for the argument that testimony of officer was insufficient to establish that he operated checkpoint within guidelines and without exercising discretion.

    In this case, the state failed to show that officers attended pre-deployment meeting to be advised of guidelines, The trial court Order granting motion to suppress was affirmed. Source: 17 FLWSupp 434a

    Casey went live to a Driving Under The Influence Checkpoint and monitored law enforcement procedures. Our video of that night can be viewed at the link below:




    Get advice from a Board Certified Expert. Call me Toll Free 1-877-793-9290.



    Florida's Criminal Driving While Impaired Traffic Law


    (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
      
    (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
      
    (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
      
    (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
        
    1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
          
    2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
          
    3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
              
    a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
              
    b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
                  
    (I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
                  
    (II) The person failed to give information and render aid as required by s. 316.062.

    (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:
        
    (a) By a fine of:
            
    1. Not less than $1,000 or more than $2,000 for a first conviction.
            
    2. Not less than $2,000 or more than $4,000 for a second conviction.
            
    3. Not less than $4,000 for a third or subsequent conviction.
      
    (b) By imprisonment for:
          
    1. Not more than 9 months for a first conviction.
          
    2. Not more than 12 months for a second conviction.

    Plant City, Florida Cases


    Plant City DUI Defense Attorney

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

    Criminal charges that occur in Eastern Hillsborough County are usually assigned to the Plant City Branch Courthouse. Cases from Valrico and Brandon can also be assigned to the branch courthouse in Plant City. As a Board Certified Criminal Trial Specialist, Casey is available to help with DUI charges assigned to the Plant City Division. DUI is serious charge to have on your driving record - I can help.

    Plant City, Florida DUI Attorney, Lawyer W.F.”Casey” Ebsary, Jr. ran into a potential witness during our live coverage of the Intoxilyzer 8000 hearings in Tampa’s Circuit Courthouse. He has given us some interesting findings about breath test data that is not disclosed to Florida DUI Defense Attorneys that may be helpful to fighting DUI charges that use a breath result.

    Help is available from a former DUI Prosecutor. Call me and tell me your story. Persons charged with DUI or DWI or BUI in Plant City, Florida have a resource for help when DUI troubles arise. Casey is also a former Plant City DUI Prosecutor.

    Board Certified Criminal Trial Specialist, W.F. ''Casey' Ebsary Jr. is also available at DUI Plant City .

    DUI is serious charge to have on your driving record - You need a serious defense!

    The Call is Free and the Relief can be valuable. Toll Free 1-877-793-9290.





    Plant City  Penalties Update



    Fines for a conviction of driving or boating under the influence are now: first offense $500 to $1,000; second offense $1,000 to $2,000; third offense $2,000 to $5,000; and fourth offense $2,000.

    A DUI conviction where the breath alcohol level exceeds the level for enhanced penalties, fines are now: first offense $1,000 to $2,000; second offense $2,000 to $4,000; and third offense $4,000.

    Ignition Interlock for Repeat DUI offenders and first-time offenders with a BAC over .15 must install ignition interlock devices. New law provides that the interlock must be installed for six months for first offenders and at two years for drivers who have multiple DUI convictions.

    Pinellas County, Florida Cases



    W. F. ''Casey'' Ebsary, Jr. has been attorney of record in hundreds of DUI cases. He has represented clients in driving under the influence, driving while intoxicated (DUI/DWI) cases in many Florida counties including Pinellas. He is a Board Certified Criminal Trial Lawyer and a former Assistant State Attorney and Prosecutor.







    Mr. Ebsary also has received an AV Rating by the Martindale Hubbell Law directory. This is their highest rating and shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.









    DUI Charge was dropped to a Reckless Driving charge. Hines Ward won Dancing with the Stars and is an NFL Star.


    UPDATE Video Added and New Information on rather unconventional method used by DUI Cop.  


    Oddly enough, one of the "tests" given by the DUI cop was not even a Standardized Field Sobriety Test / Exercise. Say the Alphabet from "D-X" is not an approved Field Sobriety Test. "Ward pleaded guilty to reckless driving and was given a year on probation. . . he also was fined $2,000 and must do 80 hours of community service. He also must undergo alcohol evaluation."





    Arrest Warrant in Florida
    Florida's official database contains Florida warrant information as reported to the Florida Department of Law Enforcement by law enforcement agencies throughout the state. Online Check to see if there is an Arrest Warrant in Florida 



    Florida Search of All Felony Corrections Offender Databases performs a search of all databases maintained by the Florida Department of Corrections including: Absconder/Fugitive, Inmate Escapes, Inmate Population, Inmate Releases, and Supervised Population. Online check to search Florida Department of Corrections Prison Offender Database

    Hernando County, Florida Cases


    Board Certified Criminal Trial Lawyer W.F."Casey" Ebsary can help  with your Hernando County DUI.  DUI Enforcement actions, checkpoints, and special operations for the Hernando County Sheriff's Office are sometimes posted here:

    http://www.hernandosheriff.org/Traffic/

    DUI Enforcement actions, checkpoints, and special operations for the Florida Highway Patrol are sometimes posted here: 

    http://www.flhsmv.gov/fhp/misc/News/

    As you can see, police put significant efforts into DUI enforcement in Florida.



    Hernando DUI Attorney




    Some cities in Hernando County are: Alderman, Bayport, Brookridge, Brooksville, Croom, Dixie, Garden Grove, Hernando Beach, High Point, Lake Lindsey, Masaryktown, North Brooksville, Pine Island, Ridge Manor, South Brooksville, Spring Hill, Spring Lake, Timber Pines, and Weeki Wachee.


    With a DUI  Lawyer | Attorney



    Need Help in Florida? Click the Call Me Button or Call me Toll Free 1-877-793-9290.

    About The Author



    • AV Rated by Martindale Hubbell
    • Board Certified Criminal Trial Lawyer
    • Distinguished Author and Lecturer
    • Experienced Defense Attorney
    • Experienced Prosecutor
    • Legal Analyst on Radio and TV
    • Primary Office in Hillsborough County


    W. F. "Casey" Ebsary has been attorney of record in hundreds of cases. He has represented clients in driving under the influence (DUI) and driving while intoxicated (DWI) cases in many Florida counties. He is a former Assistant State Attorney (Prosecutor) and a former Assistant Public Defender. He has litigation experience which includes counterfeiting, driving under the influence, fraud, forgery, murder, money laundering, and theft.

    Mr. Ebsary is AV rated by the Martindale Hubbell Directory. That is the highest rating issued by this nationally recognized lawyer rating service. An AV Rating shows that a lawyer has reached the height of professional excellence. AV rated lawyers have usually practiced law for many years, and are recognized for the highest levels of skill and integrity. 

    Check Out What others Think About Casey













    Take a look at Florida Statute 775.15 - Statute of Limitations

    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.