If you’ve been arrested for DUI in Florida, one of the most important decisions you’ll make is whether to hire a private DUI attorney. Your freedom, license, reputation, and even your job may depend on the outcome of your case. In the 45-second video above, Attorney William F. “Casey” Ebsary Jr. explains why having an experienced DUI defense lawyer on your side makes a real difference.

🚨 DUI Arrests in Florida: What You’re Really Facing

Every day, hundreds of people are arrested for Driving Under the Influence (DUI) across Florida. It can happen after one drink, a traffic stop, or even a misunderstanding. But once you’re in the system, the consequences start quickly:

• Immediate driver’s license suspension by the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
• Mandatory court appearances
• Possible jail time, fines, probation, and ignition interlock devices
• A permanent criminal record
• Increased insurance premiums
• Lost job opportunities, especially for CDL holders or those in government or healthcare

You don’t have to plead guilty or go through it alone.

👨‍⚖️ Why Hire Attorney William F. “Casey” Ebsary Jr.?

Casey Ebsary is a Board Certified Criminal Trial Lawyer, a distinction held by less than 0.5% of all Florida attorneys. He’s also a former DUI prosecutor, which gives him insider knowledge of how these cases are built—and how to dismantle them.

🛡️ Legal Credentials That Matter:

• Former Assistant State Attorney
• Certified by the Florida Bar Board of Legal Specialization and Education
• Over 25 years of courtroom experience
• Practices in State and Federal Court

This level of expertise is critical. DUI law is complex and constantly evolving, especially with changes in breath test procedures, field sobriety test reliability, and license suspension protocols.

❓Top 5 Questions About Hiring a DUI Lawyer in Florida

Should I hire a DUI lawyer for my first offense in Florida?

Yes. Even a first-time DUI in Florida can lead to license suspension, fines, probation, and a criminal record. A DUI lawyer can evaluate the stop, breath test, and police procedures to identify mistakes or violations of your rights—possibly leading to reduced or dismissed charges.

What does a DUI lawyer do that a public defender doesn’t?

While public defenders are skilled attorneys, they often juggle heavy caseloads. A private DUI lawyer like William F. “Casey” Ebsary Jr. can give your case personalized attention, file motions to suppress evidence, handle your DMV hearing, and aggressively negotiate to protect your driving record and freedom.

Can a DUI attorney help me avoid losing my driver’s license?

Yes. After a DUI arrest in Florida, you have only 10 days to challenge the automatic suspension with the DHSMV. A DUI lawyer can request and represent you at the formal review hearing, and in some cases, help you obtain a hardship or business-purpose license.

Is it worth the cost to hire a DUI lawyer in Florida?

In most cases, yes. While DUI lawyers can cost between $2,500–$10,000, the long-term costs of a DUI conviction—including higher insurance rates, job loss, and a permanent criminal record—can far outweigh the initial legal fees.

What qualifications should I look for in a Florida DUI attorney?

Look for experience, courtroom results, and Board Certification. Casey Ebsary is a Board-Certified Criminal Trial Lawyer and former DUI prosecutor—an honor earned by less than 0.5% of Florida lawyers. That means you’re hiring a legal expert with deep knowledge of DUI defense strategies.

⚠️ Public Defender vs. Private DUI Attorney

One of the most common questions clients ask is:
“Why shouldn’t I just use a public defender?”

Here’s why that’s a risky choice:

Only a private DUI attorney can fight your driver’s license suspension through a DHSMV administrative hearing. Many people don’t know they have only 10 days to request that hearing after arrest. Miss that window, and your license may be suspended automatically—even if the DUI charge is later dropped.

🔍 What a DUI Attorney Actually Does

DUI cases are rarely “open and shut.” They often involve flawed testing, poor police procedures, and legal technicalities that can lead to dismissal or reduced charges.

Here’s what Casey Ebsary and his legal team will do for you:

• Request and fight your DHSMV administrative license suspension
• Review dashcam, bodycam, and breath test video footage
• File motions to suppress illegal stops or searches
• Examine the accuracy and calibration of the Intoxilyzer 8000 breathalyzer
• Identify errors in Field Sobriety Test administration
• Negotiate with prosecutors to reduce or dismiss charges
• Take your case to trial if necessary

🧠 Knowledge Is Power: Use Our Free DUI Case Database

Want to know how other Florida DUI cases have been resolved? Use our free searchable DUI case results database to research past outcomes. Empower yourself with real information.

🔗 Visit the DUI Case Database

You’ll find real-world examples of dismissed DUIs, reduced charges, and license reinstatements—many handled by Casey Ebsary.

📞 Call Now – Don’t Wait to Defend Your License

Time is not on your side after a DUI arrest in Florida. The clock starts ticking the moment you’re arrested. You have:

• 10 Days to fight your administrative license suspension
• A court date set quickly
• A chance to challenge the case before evidence is lost or witnesses forget

📱 Call 813-222-2220 now to speak directly with a DUI defense lawyer. Casey Ebsary offers confidential consultations and will guide you through your next steps.

📺 Watch: Should You Hire a DUI Attorney?

▶️ Watch the 45-Second Video Above
https://www.youtube.com/watch?v=7SkXlKD48xk

In this short but powerful video, Casey Ebsary explains exactly why hiring a private DUI attorney is critical to protect your rights, license, and record. He’s been in courtrooms across the Tampa Bay area helping people just like you.

⚖️ Serving All of Tampa Bay and Beyond

Casey Ebsary defends DUI and criminal cases in:

• Tampa
• St. Petersburg
• Clearwater
• Hillsborough County
• Pinellas County
• Pasco County
• Polk County
• Manatee County
• And throughout Central Florida

🔗 Helpful Resources

• Florida Statute §316.193 – DUI Law (Justia)
• Florida DHSMV DUI Information
• Search DUI Case Results – Florida
• YouTube DUI Videos by Casey Ebsary
• Reviews – Google Business Profile – Casey Ebsary

📲 Ready to Take Action?

Don’t risk your license, your freedom, or your future. Call the Law Office of William F. “Casey” Ebsary Jr. now.

📞 (813) 222-2220
🌐 https://dui2go.com/
📍 Tampa, Florida

Original Post from 2013

Here is a 45 second video on Should you Hire a DUI Attorney? William F. “Casey” Ebsary, Jr. is a lawyer who practices in the area of criminal defense of all criminal charges in State and Federal Court.

Casey is a former Assistant State Attorney and was a Criminal D U I Prosecutor. 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. Do your homework – Review and Compare. Then Decide should you hire a DUI Defense Attorney? Call 813 222 2220.

Visit our Free fully searchable DUI database here or just go to the search bar at the top of this page:

http://news.duifla.com/

You can also visit  a DUI  Attorney here.

https://plus.google.com/101363839921148808253/about?gl=US&hl=en-US

Here are more DUI  Attorney videos: 

http://www.youtube.com/centrallaw

Video Summary:

Should I  Hire a DUI Attorney? Yes – A public defender cannot save you from a DUI DHSMV suspension. Should I  Hire a DUI Attorney? Yes – DUI DHSMV (Department of Highway Safety and Motor Vehicles) suspension can remain even if the case is reduced or dismissed by the court. Should I  Hire a DUI Attorney? Yes – A DUI lawyer’s investigation can make or break a case.

Transcript:

[DUI  Lawyer Narrates] Hundreds of people are arrested every day, you may be one of them. I spend most of my time in court fighting state and federal criminal charges. I have arrived at my destination. One of the many courthouses in Tampa Bay where I help people. Let me help you. Have you got criminal charges in State or Federal Court? Let me help. Call me at 813-222-2220. [End of DUI Attorney Narrates]

University of South Florida DUI – 2025 Update

At the University of South Florida (USF), a DUI arrest can have significant consequences beyond the legal penalties. Students may face academic repercussions, loss of financial aid, and disciplinary action from the university. This page provides updated information on USF DUI enforcement, student conduct policies, and the potential impact of a DUI conviction.

USF Police DUI Enforcement

The USF Police Department actively conducts DUI enforcement on and around the Tampa campus. This includes:

• Saturation Patrols: Focused patrols aimed at detecting impaired drivers.
• Sobriety Checkpoints: Roadblocks set up to check drivers for signs of intoxication.

“USF Police Officers… use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe. Impaired drivers… will face arrest and prosecution.”

USFPD has 43 officers patrolling the campus and surrounding areas. These enforcement efforts are part of a comprehensive approach to traffic safety.

Student Code of Conduct and DUI

A DUI arrest can lead to violations of the USF Student Code of Conduct. Key points include:

• Students are responsible for complying with all public laws.
• The university can initiate conduct proceedings even if criminal charges are pending.
• Violations related to “Misuse of Alcohol” and “Misuse or Possession of Illegal Drugs” are taken seriously.

For more information on student conduct policies, refer to the official USF Student Rights & Responsibilities FAQs.

DUI in Florida – University of Tampa: DUI in Florida – University of Tampa – This page outlines the penalties for DUI in Florida.

Consequences of a DUI for USF Students

A DUI conviction can have far-reaching consequences for USF students, including:

• Academic Penalties: Potential suspension or expulsion from the university.
• Financial Aid Impacts: Loss of scholarships, including Bright Futures.
• Criminal Prosecution: Facing legal charges in Florida courts.
• Driver’s License Suspension: Loss of driving privileges.
• Student Conduct Proceedings: Disciplinary action by the university.

Florida DUI Laws and College Students

Understanding Florida’s DUI laws is crucial for USF students. Key aspects include:

• Legal Blood Alcohol Content (BAC): 0.08% for adults, 0.02% for drivers under 21.
• Penalties: Fines, jail time, community service, and driver’s license suspension.
• Impact on College Students: Academic, financial, and future employment consequences.

For more information on the penalties of a DUI in Florida, you can review the information provided by the University of Tampa on DUI in Florida.

USF DUI Enforcement History

• USFPD has conducted DUI checkpoints and saturation patrols since 2006.
• Officer Michael Tinney received awards for DUI enforcement in 2012.
• Reports of DUI checkpoints and saturation patrols have been published in local news sources.

Tables

FAQs – University of South Florida DUI

Can a DUI affect my Bright Futures scholarship?

Yes, a DUI conviction can lead to the loss of Bright Futures and other financial aid.

What happens if I get a DUI on campus?

You will face arrest by USFPD and potential disciplinary action from the university, in addition to criminal charges.

Where can I find the USF Student Code of Conduct?

You can find it on the USF Student Rights & Responsibilities website.

What is the legal BAC limit in Florida?

0.08% for adults, 0.02% for drivers under 21.

Time needed: 1 minute

How To: Respond to a USF DUI Arrest

1. Remain Calm:

   Cooperate with law enforcement but do not admit guilt.

2. Contact an Attorney:

   Immediately seek legal representation.

3. Document Everything:

   Keep records of all interactions and paperwork.

4. Understand Your Rights:

   Familiarize yourself with Florida DUI laws and USF student conduct policies.

5. Attend All Hearings:

   Appear in court and at any university disciplinary hearings.

6. Seek Support:

   Utilize resources for students facing alcohol-related issues.

2025 Update Notes

This updated content aims to provide USF students and their parents with comprehensive information on DUI enforcement and consequences. Remember, seeking legal counsel is crucial for navigating the complexities of a DUI arrest.

University of South Florida DUI

College Students

Driving Under The Influence

At the University of South Florida, DUI conviction can have impacts beyond just staying on your driving record for the next 10 years. In addition, you can lose student financial aid including Bright Futures benefits. DUI Attorney  W.F. “Casey” Ebsary, Jr. explains University of South Florida Police (USFPD) have conducted DUI checkpoints / DUI saturation patrols since 2006. The USFPD has 43 officers. The USFPD patrol all of the campus and the areas surrounding the campus. Because the University of South Florida DUI cases have a payoff – awards. Furthermore, one DUI contest got the agency a fully loaded Chevrolet Tahoe.

Source: tampabay.com/news/education/college/crime-down-arrests-up-at-usf

Dui Defense Attorney Casey Ebsary, also notes that USF Police Department conduct Saturation Patrols on and around the Tampa, Florida campus. Another press release warned, “The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012.  This patrol will begin at 2:00 a.m. and end at 5:00 a.m.”

Read about the consequences of a DUI for a driver under 21 years old.

As a result, DUI enforcement by “USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe.  Impaired drivers . . . will face arrest and prosecution.” Students caught likely will face driver’s license suspension and criminal prosecution. In addition, these students will face action by the Office of Student Rights and Responsibilities. Some issues in the Student Code of Conduct raised by a University of South Florida DUI are below.

Student Code of Conduct

• “The conduct process may be initiated against a student charged with conduct that potentially violates both the criminal law and/or the Student Code of Conduct.”
• “Students are responsible for compliance with all public laws.”
• “Misuse or Possession of Illegal Drugs.”
• “Misuse of Alcohol.”

A sample of Prior University of South Florida DUI Checkpoint

We uncovered a report of a DUI Checkpoint Roadblock on the Tampa Campus. It is “USF Police to Conduct Sobriety Checkpoint.” The University of South Florida Police Department will host a Sobriety Checkpoint on Campus on May 15, 2013, beginning at 11:00 pm. . . . [This is ] followed by a four-hour saturation patrol. During this time, USF Police Officers will seek . . . impaired drivers in an effort to keep our streets safe. So impaired drivers . . . will face arrest and prosecution. Furthermore, this operation is part of a comprehensive, collaborative approach to traffic safety by the USF Police Department. Finally, the USF Police Department has primary jurisdiction on and about property owned or controlled by the University of South Florida.

Aggressive Campus Cops

Someone needs to tell DUI Officer Michael Tinney about their primary jurisdiction. We have yet to defend a single DUI arrest, he made on campus. The USF Police Department awarded Officer Tinney Officer of the Year and DUI Enforcement Officer of the Year for 2012. He also received an award from Hillsborough County Mothers Against Drunk Driving (MADD) for his DUI Enforcement in 2012. Officer Tinney actively participates in all enforcement campaigns and leads the DUI Checkpoints for his squad.”  He is a DUI arrest award winner in the campus police department’s DUI arrest contest.

 Here is a downloadable copy of the USF DUI Checkpoint Announcement.

University of South Florida DUI – USF  News

Designated Driver Study

“When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of ‘less drunk’ rather than ‘sober’ drivers.”

And “A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket.”   By Elise Bouchard of the USF Oracle

Another DUI Checkpoint Report

Casey Ebsary, a Board Certified Criminal Trial Lawyer, received a tip that there will be a DUI checkpoint on campus this weekend, July 8. The Hillsborough County Sheriff’s Office and the University of South Florida USF Police Department will conduct the sting and it will apparently be on campus. Most noteworthy these checkpoints are usually posted on the Sheriff’s website, but this one was not. Recently, we obtained a police manual for these types of checkpoints.

Get the complete University of South Florida DUI Checkpoint document to search and read for yourself here.

Source: http://brandon.patch.com/articles/dui-busting-aim-of-heightened-usf-hcso-patrols

DUI Checkpoint Video for iPhone

Previous Coverage Of State University Campus DUI

DUI Means Expulsion from the University

Got DUI – Get Expelled: “UF looks beyond campus for DUI cases – They may try to hide it from Mom and Dad, but University of Florida (UF) students caught driving drunk in Alachua County won’t be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won’t just face criminal courts, they will go before UF’s Office of Student Judicial Affairs, where they could face suspension or expulsion.

Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF’s dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said.”

Campus of University of South Florida DUI Arrests on the Rise

“More than twice as many students were arrested for drunken driving on campus in 2005 than in 2004 because of University Police Department’s new chief and UF President Bernie Machen’s alcohol policies, University Police spokesman Lt. Joe Sharkey said. There were 111 arrests for DUIs on campus in 2005, 44 arrests in 2004 and 56 arrests in 2003, according to University Police Department crime statistics. “

DUI University of South Florida

Q&A: RIDR Program in Hillsborough County Florida – Answers from an Expert

Questions and Answers

from a

DUI Expert

As a DUI expert serving Hillsborough County, I understand the anxiety and confusion that follows a first-time DUI arrest. The RIDR program offers a potential path to resolution, but navigating its complexities is vital. This comprehensive guide breaks down the RIDR program through essential Q&A and a detailed table, clearly outlining eligibility, benefits, and restrictions.

My goal is to equip you with the knowledge needed to make informed decisions. If you’re seeking clarity and personalized legal guidance on your DUI case and the RIDR program details presented below, reach out to Casey at DUI2Go.com for expert assistance.

Why was the First-Time DUI Diversion (RIDR) program created?

The program was created to address Hillsborough County’s high rates of DUI crashes, injuries, and fatalities. It aims to reduce recidivism and improve community safety by imposing enhanced sanctions on first-time, non-aggravated DUI offenders.  

Who is eligible for the First-Time DUI Diversion program?

Eligibility criteria include: the case must be a misdemeanor DUI offense; there can be no children in the vehicle; the breath alcohol concentration must be below 0.200%; there cannot have been a crash; there cannot be a prior DUI, alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges; there cannot have been a prior DUI diversion program and no more than one non-DUI diversion program as an adult; and in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a felony sentence.

How are cases selected for the program?

Your attorney can request consideration. The State Attorney’s Office evaluates cases individually based on the specific facts. They have the sole discretion to determine eligibility. Sanction levels are determined by BAC and the nature of the offense.

What are the benefits of accepting a plea offer under this program?

Benefits include: No Conviction; reduced charge to reckless driving; withhold adjudication; 12 months probation; vehicle immobilization for 10 days; avoidance of a DUI conviction on their record; and completion of DUI school and any recommended treatment.

What are the restrictions during the diversion program?

Restrictions include: no possession or consumption of alcohol, illegal drugs, or non-prescribed drugs during the 12-month probation period; payment of standard court costs and cost of supervision; and completion of DUI school and any recommended treatment.

Table Summarizing the First-Time DUI Diversion (RIDR) Program:

Don’t Navigate Your DUI Alone: Connect with Casey Today.

If you or someone you know is facing a first-time DUI in Hillsborough County, contact Casey at DUI2Go.com today. Learn more about Casey here: https://dui2go.com/about/ For expert legal assistance regarding the First-Time DUI Diversion program, reach out to Casey at DUI2Go.com. Contact Casey here: https://dui2go.com/contact/

Original Announcement from 2018

Why Start New First-Time DUI Diversion (RIDR)?

Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.

Hillsborough County First-Time DUI Diversion Program (RIDR) – Key Information

Facing a first-time DUI in Hillsborough County? The Reducing Impaired Driving Recidivism (RIDR) program offers a crucial second chance. Understanding its intricacies is key. We announced the program originally in 2018. Through the past years, we’ve compiled essential information in the table below, followed by frequently asked questions, to help you navigate this opportunity and protect your future.

FAQ First-Time DUI Diversion (RIDR) in Hillsborough County, FL – Answers from a Former DUI Prosecutor

What is the RIDR program in Hillsborough County?

The Reducing Impaired Driving Recidivism (RIDR) program is a diversion program designed for first-time DUI offenders in Hillsborough County, FL. It offers an alternative to traditional court proceedings, allowing eligible individuals to avoid a DUI conviction by successfully completing specific program requirements.

Am I eligible for the RIDR program?

Eligibility is determined on a case-by-case basis. Generally, you must be a first-time DUI offender in Hillsborough County with no prior felonies and a blood alcohol content (BAC) within certain limits. Other factors may also apply. It is best to contact an attorney to assess your eligibility and guide you through the program.

What are the benefits of participating in RIDR?

The primary benefit is the potential to avoid a DUI conviction, which can have significant long-term consequences. Other benefits include avoiding a criminal record, reduced penalties, such as fines and license suspension, opportunity for rehabilitation and education, and potential for license reinstatement.

What are the requirements of the RIDR program?

The RIDR program typically includes DUI School, Victim Impact Panel, Community Service, Evaluation and recommended treatment (if applicable), and a period of supervision.

How long does the RIDR program take to complete?

The program typically lasts 6-12 months, but the exact timeframe can vary depending on individual circumstances and compliance.

What happens if I fail to complete the RIDR program?

If you fail to complete the program, you will likely face traditional court proceedings, and criminal violation charges will be pursued.

Why do I need an attorney for the RIDR program?

An experienced attorney, like W.F. Casey Ebsary Jr., can assess your eligibility for the program, guide you through the application process, represent you in court and with program officials, advocate for your best interests, ensure you understand all aspects of the program and your rights, and help mitigate any issues that arise during the process. Casey was a Prosecutor in one of the first diversion programs in Hillsborough County over 20 years ago.

How can W.F. Casey Ebsary Jr. help me with my first-time DUI case?

W.F. Casey Ebsary Jr. is an expert attorney with extensive experience in DUI cases in Hillsborough County. He can provide knowledgeable legal representation, ensuring you understand your options and helping you navigate the RIDR program or other legal avenues. Contact him at 813-222-2220 for a consultation.

What are the costs associated with the RIDR program?

Costs include program fees, evaluation fees, and legal fees. It is essential to discuss these costs with your attorney to understand the financial implications.

How do I get started with the RIDR program?

The first step is to contact an experienced DUI attorney like W.F. Casey Ebsary Jr. He can assess your case and guide you through the process. Call 813-222-2220 today.

Call 813-222-2220

• First-Time DUI Diversion
• Avoiding a Criminal Record for DUI with RIDR Program
• Reducing Impaired Driving Recidivism – Established DUI Diversion
• What is the DUI Program in Tampa Hillsborough County, Florida?
• Hillsborough County DUI Penalties

Original Reducing Impaired Driving Recidivism Announcement 2018

We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”

Reducing Impaired Driving Recidivism – RIDR

Program To Help Reduce Repeat DUI Offenders

This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.

This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.

Do you want to beat a DUI charge in Hillsborough County, FL? If you’re facing a DUI charge in Hillsborough County, it’s crucial to understand your options and take immediate action. The State Attorney’s Office (SAO) has implemented the Reducing Impaired Driving Recidivism (RIDR) initiative, targeting first-time, non-aggravated DUI offenders.

Eligibilty Table for the RIDR Program in Hillsborough County, FL

Let us help you 813.222.2220

Before diving into the strategies to beat a DUI charge, it’s essential to note the eligibility criteria established by the SAO:

Eligibility Criteria

Meeting the eligibility criteria is the first step towards navigating the legal process successfully. The criteria set by the State Attorney’s Office are as follows:

• Case Type: The case must be a misdemeanor DUI, falling within the specified legal category.
• Passenger and Blood Alcohol Content (BAC): There should be no minor in the vehicle, and the blood alcohol content (BAC) must not exceed 0.20. Additionally, the eligibility excludes cases involving crashes.
• Prior Offenses: Eligibility is restricted to individuals with no prior DUI or related offenses within the specified timeframe. This ensures that the program is focused on first-time offenders.
• License Suspension and Pending Offenses: Individuals with no pending driver’s license suspension or other specified offenses are eligible. This criterion aims to identify cases where the offender’s record is relatively clean from concurrent legal issues.

These eligibility criteria are carefully designed to target first-time offenders and prioritize their inclusion in the RIDR program. The program recognizes the importance of rehabilitation and education for individuals who may have made a one-time mistake, promoting a more constructive approach to addressing DUI cases in Hillsborough County.

Informational Table – Who is the Judge in my Hillsborough County Criminal Case?

In the Tampa County Criminal Court, the allocation of misdemeanor offenses and criminal traffic cases is orchestrated by the clerk, who follows a systematic approach based on the first letter of the defendant’s last name. This procedural guideline applies uniformly to cases slated for the Tampa courthouse in Florida, while the Plant City Courthouse employs a distinct procedure for case assignments.

Specifically, The clerk categorizes them alphabetically for assignment in the following manner:

Division “A” for last names beginning with A G O S U

Division “B,” for last names beginning with B F I P Q Z

Division “C” for last names beginning with D E M V X Y

Division “D” for last names starting with C K  R T; and

Division “E” for last names beginning with  H J, L W

Ready to fight your DUI charge? Contact Casey the Lawyer at DUI2Go.com or call 813-222-2220 for expert legal representation.

Let us help you 813.222.2220

Pre-Plea Sanctions

Before any plea offer, offenders must satisfy pre-plea sanctions, including remaining crime-free, completing DUI School, attending the MADD Victim Impact Panel, and fulfilling community service hours. Different levels of offenders may have additional requirements, such as ignition interlock devices or drug monitoring.

The Pre-Plea Sanctions serve as a crucial phase in the RIDR program, emphasizing the importance of education, community engagement, and accountability for the offenders. Let’s delve deeper into the specific requirements for each level:

Level 1 Offenders

Level 1 offenders, with a BAC at or below 0.15, must complete fifty community service hours and three months of ignition interlock alcohol monitoring or continuous alcohol monitoring. This level of engagement aims to ensure a comprehensive approach to rehabilitation, incorporating both educational and community service elements.

For example, if an individual’s BAC was measured at 0.10, falling within the Level 1 range, they would need to complete fifty community service hours and three months of ignition interlock alcohol monitoring. This combination of community service and monitoring provides a well-rounded approach to addressing the specific needs of Level 1 offenders.

Level 2 Offenders

For Level 2 offenders, with a BAC above 0.15 or those who did not provide a breath sample, the requirements escalate. Seventy-five community service hours and six months of ignition interlock alcohol monitoring or continuous alcohol monitoring are mandated. These additional hours and monitoring periods are designed to address the severity of the offense and provide a more intensive rehabilitation process.

Consider a scenario where an individual’s BAC was measured at 0.18, placing them in the Level 2 category. In this case, they would need to fulfill seventy-five community service hours and six months of ignition interlock alcohol monitoring. This heightened level of engagement reflects the seriousness of the offense and aims to promote a more profound commitment to rehabilitation.

Level 3 Offenders

Level 3 offenders, involving drug-related DUIs, face unique requirements. Fifty community service hours, coupled with wearing a PharmCheck Drugs of Abuse Patch for three months with results provided to HCSO Probation, create a specialized approach to address the complexities associated with drug-related cases.

Imagine an individual facing a drug-related DUI charge. To meet the Level 3 requirements, they would need to complete fifty community service hours and wear a PharmCheck Drugs of Abuse Patch for three months, with results provided to HCSO Probation. This tailored approach recognizes the distinct challenges of drug-related cases and aims to provide a more effective rehabilitation strategy.

The SAO acknowledges the diverse nature of DUI cases and tailors the requirements accordingly. This individualized approach aims to address the unique circumstances of each offender, promoting a more effective rehabilitation process.

Authorities and Resources

• Office of the State Attorney – 13th Judicial Circuit
• @SAO13TH on Twitter

Don’t face a DUI charge alone. Casey the Lawyer has the expertise to guide you through the legal process. Contact Casey at DUI2Go.com or call 813-222-2220 to secure your defense.

Plea Offer to Beat a DUI Charge

Upon completing pre-plea sanctions, offenders may receive a plea offer, including a withhold of adjudication, probation, court costs, vehicle immobilization, and other conditions. The plea offer varies based on the offender’s level.

Understanding the plea offer is crucial for making informed decisions during the legal proceedings. Let’s break down the components of the plea offer:

Withhold of Adjudication

The offer typically includes a withhold of adjudication, indicating that the court refrains from entering a formal conviction. This component is significant as it allows offenders the opportunity to avoid a formal conviction on their record, provided they successfully complete the terms of the plea offer.

Probation and Court Costs

Offenders accepting the plea offer will be placed on probation for twelve months. Standard court costs and conditions of probation apply, requiring strict adherence to the terms set by the court. Successfully completing probation is crucial for achieving a favorable outcome under the RIDR program.

Vehicle Immobilization

As part of the plea offer, offenders may face a ten-day vehicle immobilization period. This component serves as a tangible consequence, reinforcing the seriousness of the offense and promoting responsible behavior among offenders.

Abstinence from Substances

The plea offer mandates abstinence from alcohol, illegal drugs, or non-prescribed drugs during the probation period. This condition aims to ensure a commitment to sobriety and reduce the risk of future incidents.

Successful Completion of DUI School and Treatment

Offenders must successfully complete DUI School and any recommended treatment programs. This educational component is a fundamental aspect of the RIDR program, equipping offenders with the knowledge and skills necessary to prevent future DUI incidents.

Consider a hypothetical scenario where an individual accepts a plea offer after completing pre-plea sanctions. The individual, who falls into the Level 2 category with a BAC above 0.15, would undergo probation, pay court costs, and experience a ten-day vehicle immobilization period. Additionally, they would need to abstain from substances, successfully complete DUI School, and any recommended treatment programs. This comprehensive approach ensures that offenders receive the necessary support and education to prevent future occurrences.

Don’t let a DUI charge dictate your future. Casey the Lawyer is ready to stand by your side. Contact Casey at DUI2Go.com or call 813-222-2220 for a strategic defense tailored to your case.

Process Overview

Understanding the process is essential for anyone dealing with a DUI charge under the RIDR program. Here’s a step-by-step overview:

Eligibility Assessment

Once charged with a DUI, the first step is to assess eligibility based on the criteria outlined by the SAO. This involves a thorough review of the case to ensure it meets the necessary conditions.

Pre-Plea Sanctions

Before any plea offer is extended, offenders must fulfill pre-plea sanctions. These sanctions include remaining crime-free, completing DUI School, attending the MADD Victim Impact Panel, and fulfilling community service hours. The level of the offender determines additional requirements, such as ignition interlock devices or drug monitoring.

Plea Offer

Upon satisfactory completion of pre-plea sanctions, offenders may receive a plea offer. This offer typically includes a withhold of adjudication, probation, court costs, vehicle immobilization, and other conditions. The specific terms depend on the offender’s assigned level.

Process Timeline to Beat a DUI Charge

The RIDR program follows a structured timeline:

• Eligible cases are assigned a sanction level: Level 1 (BAC at or below 0.15), Level 2 (BAC above 0.15 or no breath sample), Level 3 (Drug-related DUIs).
• At arraignment, the offender waives speedy trial and agrees to set the case for disposition approximately sixty (60) days out.
• Before disposition, the offender must provide proof of completion of the Pre-Plea Sanctions to the SAO.
• At disposition, the offender who has completed the Pre-Plea Sanctions may accept the Plea Offer, enter a plea, and be sentenced as part of the RIDR program.

The structured timeline ensures a systematic and fair approach to the legal proceedings, allowing both the prosecution and the defense adequate time to prepare and present their cases.

Considering the complexities of a DUI case, it’s crucial to have a knowledgeable legal advocate by your side. Casey the Lawyer is here to provide the guidance and support you need.

Contact Casey at DUI2Go.com or call 813-222-2220 to initiate a strategic defense for your case.

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Exploring Specific DUI Topics

For a more in-depth understanding of specific DUI topics, you can explore the following pages on this website:

• Prescription or Illegal Drug DUI
• Administrative Review Hearing
• DUI Refusal
• DUI Intoxilyzer 8000
• DUI Roadblock / Sobriety Checkpoint
• Zero Tolerance DUI (Under 21)
• First DUI Punishments
• Second DUI Punishments
• Third DUI Punishments
• Fourth DUI Punishments
• DUI Property Damage

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult with an attorney for personalized guidance.

The outlined DUI charges present a graduated scale of penalties in Florida, reflecting the severity of offenses and the presence of aggravating factors. For a first DUI with a blood alcohol concentration (BAC) below 0.15, the total fines and costs amount to $983, with a 12-month probation period and a 6-month to 1-year driver’s license revocation. In contrast, a first DUI with a BAC of 0.15 or higher or involving a person under 18 in the car incurs higher fines at $1,518, a potential 9-month jail term, and an additional mandate of a 6-month Ignition Interlock.

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Second DUI offenses within a 5-year span witness a substantial escalation in penalties. For those with a BAC below 0.15, the fines remain at $1,518, but the probation period extends to 12 months, and a mandatory 5-year license revocation is imposed. The jail time increases to a potential 9 months, with a 30-day vehicle impound and an obligation for the offender to undergo a year of Ignition Interlock. In cases of a second DUI within 5 years with a BAC of 0.15 or higher, fines rise to $2,558, the jail term can extend up to 12 months, and the Ignition Interlock period is extended to 2 years.

Notably, a second DUI occurring outside a 5-year timeframe, with a BAC below 0.15, incurs penalties similar to a first-time offense, but with an increased 30-day vehicle impound and an extended Ignition Interlock requirement of 1 year. These penalties collectively illustrate the state’s stringent approach to DUI enforcement, intensifying consequences for repeat offenses and instances of elevated impairment.

Comparing Different Types of DUI Charges

1. First DUI: BAC below 0.15

• Total Fines & Costs: $983.00
• Probation Period: 12 months
• License Revocation: 6 months to 1 year
• Jail Time: Up to 6 months
• Vehicle Impound: 10 days
• Other Penalties: DUI School/Alcohol Evaluation & Treatment, 50 hrs Community Service

2. First DUI: BAC 0.15 or higher or person less than 18 in the car

• Total Fines & Costs: $1,518.00
• Probation Period: 12 months
• License Revocation: 6 months to 1 year
• Jail Time: Up to 9 months
• Vehicle Impound: 10 days
• Other Penalties: DUI School/Alcohol Evaluation & Treatment, 50 hrs Community Service, 6 months Ignition Interlock

3. Second DUI within 5 years: BAC below 0.15

• Total Fines & Costs: $1,518.00
• Probation Period: 12 months
• License Revocation: Mandatory 5 years
• Jail Time: Up to 9 months (mandatory 10 days)
• Vehicle Impound: 30 days
• Other Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 1 year Ignition Interlock

4. Second DUI within 5 years: BAC 0.15 or higher

• Total Fines & Costs: $2,558.00
• Probation Period: 12 months
• License Revocation: Mandatory 5 years
• Jail Time: Up to 12 months (mandatory 10 days)
• Vehicle Impound: 30 days
• Other Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 2 years Ignition Interlock

5. Second DUI outside 5 years: BAC below 0.15

• Total Fines & Costs: $1,518.00
• Probation Period: 12 months
• License Revocation: 6 months to 1 year
• Jail Time: Up to 9 months
• Vehicle Impound: 10 days
• Other Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 1 year Ignition Interlock

Comparison:

• Fines and costs increase for repeat offenses and for cases with a higher BAC.
• Probation periods remain consistent at 12 months for most cases.
• License revocation periods increase for repeat offenses, with mandatory 5-year revocation for second offenses within 5 years.
• Jail time varies, with longer sentences for repeat offenses and higher BAC.
• Vehicle impound periods increase for repeat offenses.
• Additional penalties, such as Ignition Interlock and longer treatment requirements, are imposed for repeat offenses and cases with higher BAC.

Summary

The provided information details various penalties associated with DUI offenses in Florida. The severity of consequences escalates based on factors such as Blood Alcohol Concentration (BAC) and whether it’s a repeat offense. Fines, probation periods, license revocation, jail time, and additional mandates like Ignition Interlock increase for higher BAC levels and repeated violations within a specified timeframe. The state employs a stringent approach, emphasizing escalating repercussions for elevated impairment and recurrent DUI offenses.

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However, encountering a seventh-time DUI case is an exceptionally infrequent occurrence. Such cases demand a nuanced understanding of both state DUI laws and the individual’s history. If you or someone you know is facing such a situation, don’t hesitate to contact me at 813-222-2220 to discuss the specifics and explore legal strategies tailored to your case. Meanwhile here are the details with names omitted.

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Felony DUI Charges in Florida: Seventh Offense

Recent reports from Pinellas County Sheriff’s Office reveal the arrest of a 51-year-old individual on their seventh DUI charge, among other offenses. The incident occurred on U.S. 19 and Winding Creek Boulevard just before 11 p.m. on Tuesday, according to official arrest reports.

Deputies stated that the individual was speeding in a white mini-van north on U.S. 19. Furthermore, the van lacked proper registration, and the individual was found to be operating it with a suspended license.

Upon inspection, deputies noted several indicators of intoxication, including bloodshot and watery eyes, slurred speech, and the odor of alcohol. The individual refused to undergo field sobriety tests or provide a breath sample, as documented in the reports.

Charges and Violation of Probation

The individual faces multiple charges, including drunken driving, driving with a suspended license, and operating an unregistered vehicle. Additionally, there is a violation of probation charge from another county related to a previous offense of driving without a license.

Repeat Offender: History of DUI Charges

Arrest reports highlight the individual’s extensive history of DUI charges. Previous incidents occurred in 1991, 1997, 2005, 2006, and 2017. Unfortunately, the dispositions of these cases are not immediately available, raising questions about the legal consequences and resolutions of past offenses.

DUI Charge Jail Detention and Legal Proceedings

As of now, the individual is being held at the county jail with bail set at $7,000, as per available records. An assistant public defender has been appointed to represent them, who, through the defender, entered a not guilty plea on their behalf, according to official records.

Source

Information for this report was sourced from Tampabay.com.

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CDL Disqualifications

If you’re interested in truck driving and have a CDL, it’s important to understand the rules regarding disqualifications. Here are the main factors that can disqualify you from driving a commercial vehicle after a Truck Driver DUI.

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General Disqualifications

There are some general disqualifications that can result in losing your CDL:

• Driving a truck with a blood alcohol concentration (BAC) of 0.04% or higher.
• Driving a commercial vehicle under the influence of alcohol or a controlled substance.
• Refusing to undergo a blood alcohol test.
• Leaving the scene of an accident involving a commercial vehicle.
• Committing a felony using a commercial vehicle.
• Driving a CMV when your CDL is suspended.
• Causing a fatality through negligent operation of a commercial vehicle.

In commercial driving, understanding the potential consequences of alcohol-related convictions and disqualifications is crucial. In this article, we’ll break down the scenarios where individuals licensed to operate Commercial Motor Vehicles (CMVs) may face disqualifications for up to one year.

Alcohol-related disqualifications for CMV drivers include:

• Conviction for driving a truck with a blood alcohol level of .04 or higher.
• Operating a CMV under the influence of alcohol or a controlled substance or refusing to take an alcohol concentration test while driving a CMV.
• Driving a Commercial Motor Vehicle while under the influence of alcohol or a controlled substance, or possessing a controlled substance.

When it comes to disqualifications for operating a CMV, it’s crucial to understand that there are no provisions for individuals facing these disqualifications to obtain a hardship (business or employment) license to continue operating a CMV. This distinction is important, as it means that once your CDL is disqualified, there are no exceptions or allowances for restricted driving privileges for work-related purposes.

It’s essential to note that individuals disqualified from operating a Commercial Motor Vehicle do not have the option to obtain a hardship (business or employment) license for CMV operation. These disqualifications are separate from the provisions of section 316.193, Florida Statutes, which deal with DUI convictions. In the case of second or subsequent convictions for any of the aforementioned offenses from separate incidents, a permanent disqualification from CMV operation is imposed.

These Commercial Motor Vehicle disqualifications operate independently of the provisions outlined in section 316.193 of the Florida Statutes, which primarily pertain to DUI (Driving Under the Influence) convictions. DUI convictions can have their own set of penalties and requirements, which are separate from the disqualifications related to CMV operation.

You can refer to section 322.61, Florida Statutes, for a comprehensive review of the statutory language regarding these disqualifications. Be aware of these rules to safeguard Commercial Motor Vehicle privileges.

Consequences of Commercial Driver’s Licenses Disqualifications

Furthermore, it’s critical to recognize the long-term consequences of repeated convictions for the offenses mentioned earlier. If a driver incurs second or subsequent convictions for any of these offenses in separate incidents, a permanent disqualification from operating a CMV is imposed. This means that such individuals will no longer be eligible for CDL privileges, significantly impacting their ability to continue working in the commercial driving industry.

Individuals who find themselves ensnared within this statutory framework and subsequently disqualified from the operation of a Commercial Motor Vehicle (CMV) are further constrained by the inescapable reality that the prospect of obtaining a hardship license for CMV operation remains beyond their reach.

DUI, Accidents and General Disqualifications

Losing your Commercial Driver’s License (CDL) is a serious consequence that can have far-reaching effects on your career and livelihood. Understanding the general disqualifications is crucial for anyone in the field of commercial driving.

• Blood Alcohol Concentration (BAC): Operating a commercial vehicle with a BAC of 0.04% or higher is strictly prohibited. This Truck Driver DUI limit is significantly lower than the legal limit for non-commercial drivers, emphasizing the importance of sobriety.
• Driving Under the Influence: Driving a commercial vehicle under the influence of alcohol or a controlled substance is not only illegal but also endangers lives on the road. Such actions can lead to the immediate suspension of your CDL.
• Refusing Alcohol Testing: Refusing to undergo a blood alcohol test when required is treated as a serious violation. This refusal can lead to CDL disqualification, as it raises suspicions of impaired driving.
• Leaving the Scene of an Accident: Leaving the scene of an accident involving a commercial vehicle is a significant offense. It is your legal obligation to remain at the scene and report the incident. Failure to do so can result in CDL disqualification and potential legal consequences.

In summary, maintaining a clean record and adhering to the law are essential for CDL holders. Disqualifications can not only disrupt your career but also impact your financial stability. It is crucial to prioritize safety, responsible driving, and adherence to regulations to ensure the continued success of your commercial driving career.

By staying informed about CDL disqualifications and making safe choices on the road, you can protect your CDL and contribute to safer highways for everyone.

For a first offense, you may lose your CDL for at least one year if you commit any of the above violations. If the offense occurs while you’re operating a hazardous materials placarded CMV, the disqualification period is at least three years. A second offense can lead to a lifetime CDL disqualification if it involves a felony with controlled substances. Even having any detectable amount of alcohol under 0.04% can result in a 24-hour out-of-service period.

Serious Traffic Violations

Serious traffic violations include things like excessive speeding (15 mph or more above the speed limit), reckless driving, and improper lane changes. If you commit two serious traffic violations within a three-year period involving a commercial vehicle, you could lose your CDL for at least 60 days. For three or more serious violations in the same period, the disqualification lasts at least 120 days.

Violation of Out-of-Service Orders

If you violate out-of-service orders, the consequences vary:

• Your first violation leads to a 90-day CDL disqualification.
• Two violations within a ten-year period result in a one-year CDL disqualification.
• Three or more violations within the same timeframe can lead to a disqualification of at least three years.

Consequences of CDL Truck Driver DUI Disqualifications

Understanding the consequences of CDL disqualifications is vital for any aspiring commercial driver. These penalties can impact not only your career but also your livelihood. Some of the effects of CDL disqualifications include:

• Loss of employment: CDL disqualifications can lead to job loss, especially if your employment depends on your commercial driving privileges.
• Difficulty finding new work: After losing your CDL, finding a new job in the industry can be challenging, as employers prefer drivers with clean records.
• Financial impact: Legal fees, fines, and potential loss of income can have a significant financial impact on your life.
• Insurance premiums: A CDL disqualification can lead to increased insurance premiums, making it more expensive to maintain your vehicle.

Truck Driver DUI Conclusion

When considering a career in commercial driving, understanding the consequences of DUI and CDL disqualifications is essential. It’s crucial to prioritize safety, responsibility, and compliance to maintain your CDL and succeed in your chosen profession.

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Florida Criminal Traffic Charges | Complete List

There are at least 130 ways to be charged with a criminal traffic crime under Florida law. Many traffic charges are non-criminal civil infractions that involve points on the driver’s license and possible increased insurance rates. 

In the state of Florida, it’s essential to understand that there are no less than 130 distinct ways in which you could potentially face criminal traffic charges. These charges encompass a wide range of infractions and violations under Florida law. However, it is crucial to note that not all traffic charges are classified as criminal offenses; many fall under the category of non-criminal civil infractions. These infractions can result in the accumulation of points on your driver’s license and potential increases in your insurance rates.

It is incumbent upon every driver to be well-informed about Florida’s traffic laws and regulations to ensure compliance and minimize any potential legal consequences. Even though not all traffic offenses are criminal in nature, they can have significant repercussions for your driving record and financial well-being.

130 Ways to 
Go to Jail in Traffic Court

This is a complete list of criminal traffic charges under Florida Statutes. The list includes the Form Code used by police, The Florida Statute section number, the level of the crime (felony or misdemeanor), and an abbreviated description of the charge. This is a comprehensive inventory of criminal traffic charges as delineated within the Florida Statutes. This inventory comprises not only the Form Code employed by law enforcement but also the pertinent Florida Statute section number, the categorization of the crime (whether it falls under the classification of felony or misdemeanor), and a concise yet informative summary of the charge. 

Florida Criminal Penalties for Traffic Charges Summary

Felony Criminal Traffic Charges may be sentenced as follows:

• 1st degree Felony 30 years in Prison “For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.”

• 2nd degree Felony Fifteen years in Prison “For a felony of the second degree, by a term of imprisonment not exceeding 15 years.”

• 3rd Degree Felony Five years in Prison “For a felony of the third degree, by a term of imprisonment not exceeding 5 years.” 

Misdemeanor Criminal Traffic Charges may be sentenced as follows:

• 1st degree Misdemeanor – 1 year Jail “For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;” 

• 2nd degree Misdemeanor – 60 days Jail “For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.” 

Complete List of Florida Criminal Traffic Crimes and Penalties

Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.082.html

Were you arrested and your car impounded? When you find yourself facing DUI charges, the whirlwind of legal consequences can be overwhelming. One question that often arises is, “What happens to my car after my arrest?” This article will guide you through the process of DUI car impound and what to expect when it comes to recovering your vehicle.

Typically, police take custody of the vehicle and it is turned over to a private towing company for “safekeeping.” Of course, they also search the vehicle to make sure all of your property in inventoried. In the event they find drugs, charges can also be placed.

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“If you or a loved one is facing a car impoundment after being arrested in Hillsborough County, don’t navigate this challenging situation alone. Contact us today for expert legal guidance and support. We’re here to help you reclaim your vehicle and protect your rights.”

Vehicle Custody and Towing

Typically, when law enforcement officers arrest someone for DUI, they take custody of the vehicle. It is then turned over to a private towing company for “safekeeping.” This step is taken to ensure the safety of the vehicle and its contents, but it marks the beginning of a complex process.

Inventory Search

While your vehicle is in police custody, they also conduct an inventory search. The purpose of this search is to ensure that all of your property inside the vehicle is properly inventoried. This includes personal items, valuable belongings, and any potential evidence related to the DUI case. If, during this search, the police discover illegal substances or drugs, additional charges can be placed against you.

Forfeiture Efforts in Tampa

Within the city limits of Tampa, some Tampa Police Department arrests for drug or prostitution charges may result in efforts to forfeit the vehicle. In such cases, the authorities aim to seize and take ownership of the vehicle permanently. These situations can complicate the process, and you may need legal assistance to navigate them effectively.

It’s important to note that these forfeiture efforts are not exclusive to DUI cases but can also apply to other criminal charges.

Reclaiming Your Vehicle

For many individuals facing DUI charges, the preferred outcome is to reclaim their impounded vehicle. In most cases, this involves the driver buying back the vehicle from the police. However, this process can be far from straightforward.

First and foremost, hefty towing and storage fees are assessed for the period your vehicle is in impound. These fees can accumulate quickly, adding to the financial burden of your DUI case. Furthermore, proving ownership can be challenging, especially when your driver’s license is taken during the arrest.

It is essential to consult with legal counsel to help you through the process of reclaiming your vehicle. They can provide guidance on how to navigate the necessary paperwork and procedures, as well as address any legal issues that may have arisen during your arrest.

Locating Your Impounded Vehicle

Once you are released from the Hillsborough County Jail, you may be wondering, “Where can I find my impounded car?” The jail typically provides a document that informs those charged with DUI where to locate their impounded vehicle.

It is crucial to follow the provided instructions carefully to avoid any delays or complications in recovering your car. Additionally, be prepared to cover the associated costs, which may include towing and storage fees.

Remember that time is of the essence when it comes to recovering your impounded vehicle. The longer your vehicle remains in custody, the higher the costs may become, and the more inconvenience you will face without access to your car.

In conclusion, the process of DUI car impound can be complex and financially burdensome. Understanding the steps involved, such as custody, inventory search, potential forfeiture efforts, and the vehicle recovery process, is essential for those facing DUI charges. Seeking legal counsel is often the best course of action to navigate these challenges effectively.

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Introduction

If you’ve been charged with a first-time DUI offense, you may be concerned about the long-term consequences of a criminal record. Fortunately, some prosecutors offer programs designed to provide a second chance for individuals with first-time DUI offenses. One such program is the “Reducing Impaired Driving Recidivism” (RIDR) Program, which offers eligible individuals the opportunity to avoid a DUI conviction and eventually have their record largely expunged from public documents.

DUI Video Transcript:

You want to avoid a criminal record for DUI? Some prosecutors have programs that allow people with first-time offenses to avoid a conviction for DUI, leaving you the opportunity to later come back and have the record [almost] completely removed from public documents.

The RIDR Program

Eligibility

The RIDR Program is specifically tailored for first-time DUI offenders. To be eligible, individuals must meet certain criteria established by the State Attorney’s Office. These criteria typically include having a clean prior criminal record and not being involved in any accidents resulting in serious injury or death.

Benefits

Participating in the RIDR Program can have significant advantages. Instead of facing a DUI conviction on your record, RIDR allows you to plead to a reduced charge of reckless driving. This reduction can lead to a more favorable outcome in terms of penalties and long-term consequences.

Program Requirements

Participants in the RIDR Program are required to fulfill specific conditions, such as completing community service hours, attending DUI School, and complying with alcohol monitoring. Additionally, participants must provide proof of their successful completion of these requirements.

Conclusion

The RIDR Program offers hope for individuals facing a first-time DUI offense who wish to avoid a criminal record. By meeting the program’s eligibility criteria and fulfilling its requirements, participants have the chance to significantly reduce the impact of a DUI charge on their future. This program underscores the importance of second chances and rehabilitation in the criminal justice system, ultimately working towards the goal of reducing impaired driving recidivism.

Text of Offer from Prosecutor:

The RIDR Program offers hope for individuals facing a first-time DUI offense who wish to avoid a criminal record. By meeting the program’s eligibility criteria and fulfilling its requirements, participants have the chance to significantly reduce the impact of a DUI charge on their future. This program underscores the importance of second chances and rehabilitation in the criminal justice system, ultimately working towards the goal of reducing impaired driving recidivism.

Offer for Level 1

You have been charged with Driving Under the Influence (DUI). The State Attorney’s Office (SAO) has screened your case, and you are eligible to participate in Level 1 of the RIDR program. If you wish to participate in the RIDR program, you must set your case for a disposition hearing approximately sixty (60) days from arraignment. Under Florida Rule of Criminal Procedure 3.191, you have the right to be brought to trial within ninety (90) days. To obtain a disposition date that will allow you to participate in the RIDR program, you will need to waive your right to speedy trial.

Before that disposition court date, you must complete the following sanctions:

1. You must remain crime-free and commit no new law violations,
2. You must provide proof to the SAO that you have completed DUI School.
3. You must provide proof to the SAO that you have attended the Victim Impact Panel.
4. You must not possess or consume alcohol, illegal drugs, or non-prescribed drugs.
5. You must provide proof to the SAO that you have installed an ignition interlock alcohol monitoring device or that you have a SCRAM continuous alcohol monitoring device.

Credit for the time completed on a monitoring device prior to your plea will only be given if you provide all available monitoring reports to the SAO one week before your court date and the reports show no violations. Please note, a violation may disqualify you from RIDR.

All costs associated with obtaining monitoring reports are your responsibility.

6. You must provide proof to the SAO of the successful completion of ten (10) community service hours. If you successfully complete ALL of these sanctions before your disposition court hearing, the SAO will offer the following resolution of your criminal case.

PLEASE NOTE THAT THIS IS SOLELY A PLEA OFFER FROM THE STATE – THE COURT HAS DISCRETION TO REJECT THE OFFER:

The State of Florida will reduce your charge of DUI and allow you to enter a plea of no contest or guilty to the reduced charge of reckless driving. We will recommend that adjudication be withheld, and you be placed on probation for a period of twelve (12) months with the following conditions of probation:

1. Standard court costs.
2. Successful completion of fifty (50) community service hours at a location approved by probation. You will be given credit at the time of sentencing for hours already completed.
3. Ten (10) day vehicle immobilization.
4. No possession or consumption of alcohol, illegal drugs, or non-prescribed drugs.
5. Ignition interlock alcohol monitoring for a period of three (3) months or submit to SCRAM continuous alcohol monitoring for a period of three (3) months. The three (3) month period will run from the date of installation of the device, not from the date of sentence, if you provide an interlock or SCRAM report showing successful monitoring prior to your disposition date.
6. Successful completion of DUI School and any recommended treatment (with credit for completion prior to the date of sentence).
7. All standard conditions of probation.

NOTE: ALL CASES are evaluated on an individual, fact-specific basis. A defendant’s eligibility is determined at the sole discretion of the Office of the State Attorney, 13th Judicial Circuit. Updated 10/29/2020

DUI in a Tesla – What happens when an officer pulls over a self-driving car? Can the officer charge anyone with a DUI in a self-driving Tesla? Some Scholars have written about this and I thought we might review this issue. Tesla automobiles have an autopilot feature. It is not truly self-driving as Tesla has referred to it as semi-autonomous driving. Other car companies have also tried developing autopilot technology.

What happens when an officer pulls over a self-driving car?

Understanding DUI Charges and Self-Driving Teslas

Read on to learn about the legal implications of being pulled over in a self-driving Tesla.

Can an Officer Charge Anyone with a DUI in a Self-Driving Tesla?

Self-driving technology has been gaining momentum in recent years, with companies like Tesla at the forefront of this emerging industry. However, this technology has raised questions about how law enforcement officers will handle DUI charges when it comes to self-driving cars. In the case of a self-driving Tesla, the driver is not technically in control of the vehicle, which complicates matters for law enforcement officials.

Scholars’ Perspectives on the Issue

Legal scholars have written extensively on this topic, and there is no clear consensus on how the law should treat self-driving vehicles. Some argue that the driver is still responsible for any DUI charges that may arise, as they are ultimately in control of the vehicle, even if they are not physically driving it. Others believe that the responsibility should fall on the car’s manufacturer, as they are the ones who designed and produced the vehicle’s self-driving technology.

Navigating the Future of Transportation

As the technology behind self-driving cars continues to develop, it is likely that we will see more legal and regulatory changes in how they are treated under the law. In the meantime, it is important for both law enforcement officials and the general public to educate themselves on the current state of the law and how it may apply in cases involving self-driving vehicles.

Stay informed about the latest developments in self-driving technology and the law by following reputable sources and consulting with legal professionals as needed.

Here are a few sources to support the information presented:

• “Self-Driving Cars and the Law: A Survey of Legal Issues Surrounding Autonomous Vehicles” by Bryant Walker Smith, University of South Carolina School of Law
• “Autonomous Vehicle Law: An Overview” by Jim Chen, University of Louisville – Louis D. Brandeis School of Law
• “Legal Aspects of Autonomous Driving” by Markus Maurer, J. Christian Gerdes, Barbara Lenz, Hermann Winner, and Gereon Meyer, IEEE Intelligent Transportation Systems Magazine
• “Regulating Self-Driving Cars” by Matthew W. Daus, Transportation Law Journal
• “The End of Traffic Stops? Reimagining Public Safety for the Self-Driving Future” by Bryant Walker Smith, Harvard Journal of Law & Technology

These sources provide in-depth analysis of the legal and regulatory issues surrounding self-driving cars, including the potential implications for DUI charges.

California Highway Patrol Charges Driver With DUI in a Tesla.

In January 2018, in San Francisco, a person in a Tesla car had an alcohol level twice the legal limit. The Tesla’s operator received a DUI. Tesla has instructed drivers using autopilot to maintain consciousness while driving. Also, Tesla tells drivers using autopilot to keep their hands on the steering wheel. In this arrest, the driver explained that the Tesla was on autopilot to the California Highway Patrol. Even with the driver’s explanation, the officer arrested and charged the driver with DUI. The California Highway Patrol tweeted that the car did not drive itself to the tow yard.

Will Florida Officers Charge Drivers With DUI in a Tesla?

Florida law prohibits an intoxicated driver from being in actual physical control of a vehicle. The car does not need to be moving at the time of a DUI arrest. Florida only requires that the vehicle is capable of being moved. The case law discusses the location of the keys and whether or not the car is operable. Under this broad definition of driving that includes the capacity of physical control of the car, it is highly unlikely the operator of a self-driving car would beat a DUI on that defense. It is probable that the court would find the driver was in actual physical control of the vehicle. Hence, some cars equipped with these automatic driving features have contracts that require the user to keep hands on the steering wheel even when the vehicle is in autopilot mode.

If you’ve been charged with a DUI in Florida, it’s important to find a reputable DUI attorney who can help you navigate the legal system and achieve the best possible outcome for your case. Casey the Lawyer is a well-known DUI expert in Florida who has been providing legal representation for over 20 years. Here are some key questions to ask when hiring a DUI attorney:

Is the Lawyer Board Certified?

Board certification is an important factor to consider when hiring a DUI attorney. Board certification means that the lawyer has been recognized by the Florida Bar as having significant experience and knowledge in a particular area of law, in this case, DUI defense. Casey the Lawyer is a board-certified criminal trial attorney, which means he has demonstrated a high level of proficiency in criminal defense law.

Is the Lawyer Experienced?

Experience is key when it comes to DUI defense. You want a lawyer who has handled many cases like yours and has a proven track record of success. Casey the Lawyer has been practicing law for over 20 years and has represented countless clients in DUI cases. He has a deep understanding of the legal system and knows how to develop effective defense strategies.

Will you receive Personal Attention?

Personal attention is important when it comes to working with a DUI attorney. You want a lawyer who will take the time to listen to your concerns, answer your questions, and keep you informed throughout the legal process. Casey the Lawyer prides himself on providing personalized attention to his clients. He works closely with each client to develop a tailored defense strategy and keeps his clients informed every step of the way.

Is the Lawyer a Former DUI Prosecutor?

Having a former DUI prosecutor on your side can be a significant advantage in your case. A lawyer who has worked on the other side of the aisle knows how the prosecution thinks and can anticipate their strategies. Casey the Lawyer is a former DUI prosecutor and has a deep understanding of how the prosecution approaches these cases.

Is the Lawyer a Criminal Defense Expert?

While it’s important to find a lawyer who specializes in DUI defense, it’s also important to find a lawyer who has a broad range of criminal defense experience. This is because DUI cases often involve other criminal charges, such as reckless driving, drug possession, or even assault. Casey the Lawyer is a board-certified criminal trial attorney, which means he has extensive experience in a wide range of criminal defense cases.

In conclusion, hiring a reputable DUI attorney is essential if you’ve been charged with a DUI in Florida. Casey the Lawyer is an experienced and knowledgeable DUI expert who can help you navigate the legal system and achieve the best possible outcome for your case. By asking the key questions outlined above, you can ensure that you hire the right lawyer for your needs.

A useful checklist for hiring a DUI Attorney. Call and ask these Questions:

1. Is the Lawyer Board Certified?
2. Is the Lawyer Experienced?
3. Will you receive Personal Attention?
4. Is the Lawyer a Former DUI Prosecutor?
5. Is the Lawyer a Criminal Defense Expert?

In Florida, less than 1/2 of 1 percent of Lawyers are Board Certified in Criminal Trial Law. Some, but not all Criminal Defense Attorneys are former prosecutors. Former DUI Prosecutors know how the justice system works from inside the office that is seeking your conviction for the crime of Driving Under the Influence. Some firms practice law all over the state with hundreds of open cases in several jurisdictions but we have specialized in this region of Florida.

FAQ – More Questions to Ask in Choosing a Lawyer

Why is board certification important for a DUI lawyer?

Board certification from the Florida Bar signifies specialized expertise and recognized proficiency in criminal trial law. This distinction demonstrates a lawyer’s commitment and proven ability in handling complex DUI cases, providing clients with added assurance of their legal capabilities.

How does a lawyer’s experience impact a DUI case?

Experienced lawyers have developed proven strategies and a track record of successful DUI defenses through years of practice. Their familiarity with local courts and prosecutors allows them to navigate the legal system more effectively, increasing the chances of a favorable outcome.

Why is personal attention crucial when hiring a DUI attorney?

Personal attention ensures your case receives tailored strategies and consistent communication, fostering a strong attorney-client relationship. A lawyer who listens and responds to your concerns provides reassurance and keeps you informed throughout the legal process, which is vital during stressful times.

How does a former DUI prosecutor benefit my defense?

A former DUI prosecutor understands prosecution tactics and can anticipate their strategies, giving your defense a strategic advantage. Having worked on the other side, they possess insider knowledge of how prosecutors build cases, allowing them to identify weaknesses and build a stronger defense.

Why seek a lawyer with broader criminal defense experience?

DUI cases can often involve other criminal charges, such as reckless driving or drug possession, requiring diverse legal expertise. A lawyer with a comprehensive criminal defense background can address all aspects of your case, ensuring a holistic and effective defense strategy.

What advantage does local specialization offer?

Local specialization means the lawyer focuses on specific regional courts and their unique practices, developing a deep understanding of local laws and procedures. This familiarity with local judges and prosecutors can be invaluable in crafting a defense tailored to the specific jurisdiction.

Why be concerned about DUI arrest quotas?

DUI arrest quotas may indicate a focus on arrests over accurate legal procedures, potentially leading to errors in your case. This pressure can compromise the integrity of investigations and lead to wrongful arrests, making it crucial to have a lawyer who scrutinizes every detail.

What does an invalidated DUI checkpoint mean for my case?

An invalidated DUI checkpoint could indicate procedural errors that weaken the prosecution’s case, as it suggests law enforcement may have violated protocol. If the checkpoint was deemed unlawful, any evidence collected during the stop could be challenged, potentially leading to dismissal of charges.

How does knowledge of DUI hotspots help my attorney?

Knowledge of DUI hotspots provides insight into where and how DUI enforcement occurs in the area, allowing your attorney to anticipate common police tactics. This information helps in developing targeted defense strategies, as your attorney can examine if the stop was based on legitimate reasons or potentially questionable practices.

Why are video case reviews important?

Video case reviews provide real examples of DUI stops and legal challenges, illustrating how specific laws and procedures are applied in practice. These visuals offer a clearer understanding of potential defenses and help clients visualize the complexities of DUI cases, leading to better informed decisions.

Video – How to Find and Then Choose a Hillsborough DUI Attorney

This video narrates a recent visit to a DUI Checkpoint. This includes DUI Attorney Casey Ebsary mapping the DUI hot spots in the Hillsborough County Florida area. The St. Petersburg Times reports that in one area, “Town ‘N Country, Hillsborough County Sheriff’s DUI deputies make sure they monitor that portion of the county every single night.”

The Data also shows:

Top 3 spots for DUI arrests:

Brandon: 412 | Town ‘N Country: 226 | New Tampa: 195 DUI Arrests.

Video – How to Find and Choose a Pasco DUI Lawyer

Narrates a recent visit to a DUI Checkpoint. Here is what we saw.  There is a Pasco Florida Highway Patrol Arrest Contest. Florida DUI Attorney Lawyer continues to be concerned with the game that some police agencies have made out of DUI arrests. DUI cops in Pasco County Florida set out to break a record of some sort. Then informed the media that a DUI record was broken. The headline reads: “Trooper sets records for DUI arrests.”

Trooper Ron Evans and his colleague “fellow Trooper Richard Arias focus a lot of attention of U.S. 19” so says Fox News in Tampa, Florida. “Evans has developed a well-known reputation for getting suspected drunk drivers off the streets. Last year, he made 238 arrests; back in 2004, he arrested 300.” says Fox News. Arias became a Trooper less than a year ago.

Video – How to Select and or Choose a Pinellas DUI Attorney

DUI Pinellas Attorney Lawyer 1-877-793-9290 or 813-222-2220  – Casey Narrates a video where recently we visited a DUI Checkpoint. In the meantime, a Pinellas DUI Checkpoint was invalidated.

Pinellas DUI Checkpoint Invalid

Pinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. Competent substantial evidence is evidence ”sufficiently relevant and material that a reasonable mind would accept it as adequate to … Continue reading Pinellas DUI Checkpoint Invalid

DUI Lawyer in Tampa Bay Florida

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

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Video –  How to Go About Choosing a Tampa DUI Attorney

Call 813-222-2220 Help for You, a friend, or Loved One. In this video DUI Tampa Attorney Lawyer discusses how to choose an Attorney. Meanwhile, Tampa DUI Charges are Dropped  amidst a huge scandal at the Tampa Police Department – Video Updates

https://dui2go.com/tampa-dui-lawyers-charges-dropped-video-updates

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DUI Scandal Update 

Tampa DUI Scandal Update: Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI …Tampa DUI Scandal – read more

Tampa DUI Lawyer Just reviewed video of a Deputy Sheriff – he Crashes and then Refuses to take a Breath Test. Watch Florida Highway Patrol Video that shows the arrest. Allegations have arisen that the deputy told witnesses they did not need to remain at the scene of the alleged Florida DUI crash. Standby for more details on this breaking story.

Tampa DUI Scandal Update:

Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI cases. The subjects of the investigation – the cases involving two Officers: Ray Fernandez, Tim McGinnis. We have suspected that DUI cops were watching people and places for reasons they often would not admit. To his credit, the officer in the video below tells us they watch parking lots, act on tips received by phone and other types of electronic messages. We have protected the identity of one 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.”

In early August, I met with an investigative reporter with a major media outlet in Tampa Bay and shared what we had already uncovered in our review of DUI case procedures. Video Can be seen here: https://dui2go.com/tampa-dui-lawyers-charges-dropped-video-updates

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Blood Testing in DUI Cases

Tampa DUI AttorneyReviews Supreme Court on Blood Draws and notes that today the Supreme Court holds that in DUI investigations the natural dissipation of alcohol in the bloodstream does not constitute an exigency to justify warrantless blood test. The Court affirmed the decision of the Supreme Court of Missouri, concluding that “the natural dissipation of alcohol in the bloodstream does not establish a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk-driving investigations.”
In DUI / drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute per se exigency sufficient to justify an exception to Fourth Amendment’s warrant requirement for nonconsensual blood testing. The principle that a warrantless search of the person is reasonable only if it falls within a recognized exception applies where the search involves a compelled physical intrusion beneath the person’s skin and into his veins to obtain a blood sample to use as evidence in a criminal investigation. Natural dissipation of alcohol in the blood may support an exigency finding in a specific case, but it does not do so categorically. Whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case based on the totality of the circumstances.

Download a free copy here:

MISSOURI v. TYLER G. McNEELY, No. 11–1425

Video – Choosing a Polk DUI Defense Lawyer Attorney

A Polk DUI Defense Lawyer Attorney can help you, a friend or a loved one. Call 1-877-793-9290 to discuss your case. DUI or Drunk Driving is a serious charge to have on your driving record in Polk County. You need a serious defense.

Polk County DUI Attorney reports on the DUI Drug court division established by Judge Ronald A. Herring. The Judge ordered that any multiple DUI offender may have the option of DUI Court as part of a plea offer. If allowed the plea offer and the case of the multiple DUI offender transfers into the Polk County DUI defendant’s case to the Judge presiding over DUI or Drug Court occur. The DUI/Drug Court shall be a condition of the offender’s probation. Also involved in the DUI Court are: Judges, Assistant State Attorneys, Defense Attorneys, County Probation, Polk County Sheriff’s Office, Lakeland Police Department Offices, AA representatives, and MADD representatives.

Other Topics Include:

How To, Reviews , Compare, DUI Hillsborough Lawyer, Pinellas DUI Lawyer, Tampa DUI Lawyer, Polk DUI Lawyer, Pasco DUI Lawyer, dui checkpoint, dui

]]> https://www.dui2go.com/blog/dui-in-polk-county-florida-defense-options/ https://www.dui2go.com/blog/dui-in-polk-county-florida-defense-options/ Sat, 30 Nov 2019 15:16:00 GMT Polk DUI Attorney 813-222-2220 Charged With Driving Under the Influence?  Help for You, a Friend, or Loved One 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.…

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813-222-2220

Charged With Driving Under the Influence? 

Help for You, a Friend, or Loved One

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.

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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.

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Video – How To Choose an Attorney

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Defend yourself against this charge with an experienced D U I lawyer right now. For a free case analysis and evaluation, please call or submit your case information on a DUI in Florida, in Polk County or in the Lakeland Area. Many people wish that they had saved the facts of their case while it was still fresh in their mind. We have developed an Interview that can help you to preserve the evidence of your case to help defend you.

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Polk County Includes the Cities of :

Auburndale, Bartow, Crystal Lake, Cypress Gardens, Davenport, Dundee, Fedhaven, Fort Meade, Frostproof, Haines City, Highland City, Highland Park, Kathleen, Lake Alfred, Lake Wales, Lakeland, Mulberry, Nalcrest, Polk City, and Winter Haven

There have been 1300 to as many as 1600 people arrested each year for D U I in Polk County, Florida.

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DUI News is also available on the DUI Law Blog for free.

Since there is no Bureau of Administrative Reviews Office Locations in Polk County, offenses in Polk County including many DUI issues, such as Under Suspension, Need Driver License for Work and Hardship Driver Licenses, must be resolved at 2814 East Hillsborough Avenue, Tampa, 33610-4479 Office (813) 276-5795

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Other Drivers License issues may be resolved at the Driver License Offices such as having a Driver license issued, taking a driving test and having an ID Card issued. There are three offices in Polk County:

Polk County Driver License Offices
City	Street Address	Phone Number	Office Hours	Comments
Haines City	North Ridge (Davenport) Service Center 2000 Deer Creek Commerce Lane, Davenport, FL 33837	(863) 421-3202	Mon-Fri 8am-5pm	Make Appointment Online-All Services CDL Hazmat Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
Lake Wales	692 U.S. Hwy 60 West 33853 Map to location	(863) 678-4160	Mon-Fri 8am-5pm	Make Appointment Online-All Services CDL Hazmat Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
Lakeland	3249 Lakeland Hills Boulevard 33805-2299 Map to location	(863) 499-2323	Mon-Fri 8am-5pm	Make Appointment Online-All Services CDL Hazmat Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule

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For More Florida DUI DWI Defense Qualifications & Information Visit Us at the DUI Information Links Below

 

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More D U I Information on DUI Drug Court Division

Polk County DUI Attorney reports on the DUI Drug court division established by Judge Ronald A. Herring. The Judge ordered that any multiple DUI offender may have the option of DUI Court as part of a plea offer. If the offer and the case is accepted into the division, the Polk County DUI defendant’s case may be transferred to the Judge presiding over DUI or Drug Court . The DUI/Drug Court shall be a condition of the offender’s probation. Also involved in the DUI Court are: Judges, Assistant State Attorneys, Defense Attorneys, County Probation, Polk County Sheriff’s Office, Lakeland Police Department Offices, AA representatives and MADD representatives.

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If you may be eligible for the new DUI Court program, we can help.

Polk County DUI Attorney Reports

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Polk DUI Attorney website and Lakeland Ledger reports 54 Polk DUI cases were thrown out. The reason – what has been suspected for years, since computers have been used to write D U I arrest reports:

1. Cops use a template to write report(s);
2. Cops take a previous D U I report(s) and change the name, leaving details the same;
3. Cops use the same language when talking about the field sobriety exercises.

The Polk County Sheriff Deputy had made “made about 124 arrests for DUI since he began working last year” According to published reports.

Source: http://www.theledger.com/article/20090808/news/908085027

DISCLAIMER:  The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. The submission of this does not establish an attorney client relationship.

 

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Other Stories About Polk County and Lakeland, Florida

DUI Florida Vehicle Immobilization

http://www.dui2go.com/2012/10/dui-florida-vehicle-immobilization.html

Rating: 5 – ‎Review by Google+ User

Oct 1, 2012 – The service is a licensed service provider, with over 10 years experience, for Court ordered probation in Hillsborough, Pinellas, Polk and Pasco …

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DUI Attorney Tampa On Call | 813.222.2220 | Hillsborough County FL

http://www.dui2go.com/

Oct 29, 2016 – 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 …

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Florida DUI Evidence Missing – Video Policy Manual

http://www.dui2go.com/2012/06/florida-dui-evidence-missing-video.html
 Rating: 5 – ‎Review by Google+ User

Jun 12, 2012 – … Policy is in effect statewide and should also cover Hillsborough DUI cases, Pinellas DUI cases, Polk DUI cases, and Hernando DUI cases.

Please submit all questions and comments to:
Law Office of Board Certified Criminal Trial Lawyer W. F. “Casey” Ebsary, Jr.
2102 W Cleveland St Tampa, FL 33606813.222.2220	P.O. Box 1550 Tampa FL 33601 813.225.0202*(FAX)
* NOTICE: The publication of our fax number on this web sites is not to be construed as the firm’s consent to received unsolicited fax advertisements, nor does it create an Existing Business Relationship (EBR).

Copyright © 2019 The Law Office of W. F. “Casey” Ebsary, Jr., Board Certified Criminal Trial Lawyer All rights reserved. Last revision:  March 1, 2017 The hiring of a lawyer is an important decision that should not be based solely upon advertisements.  Before you decide, ask the lawyer to send you free written information about their qualifications and experience.

]]> https://www.dui2go.com/blog/florida-confessions-dui-and-the-corpus-delicti-rule/ https://www.dui2go.com/blog/florida-confessions-dui-and-the-corpus-delicti-rule/ Fri, 19 Apr 2019 01:04:00 GMT What If A Driver Accused Of DUI In Florida Confesses To The Police? Florida DUI cases are unusual when it comes to confessions. Specifically, admitting driving at the time of the crash is not enough. There must be more evidence. Sometimes. the evidence may be DNA. Periodically, hair samples may be the evidence. Occasionally, the…

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What If A Driver Accused Of DUI In Florida Confesses To The Police?

Florida DUI cases are unusual when it comes to confessions. Specifically, admitting driving at the time of the crash is not enough. There must be more evidence. Sometimes. the evidence may be DNA. Periodically, hair samples may be the evidence. Occasionally, the evidence may be the position of the driver at the time of the crash. Police may arrive after the driver has moved from the vehicle. Florida appeals courts have ruled against allowing confession into evidence. They said the state needs to prove corpus delicti of DUI offense with serious bodily injury first. Then the state may introduce defendant’s confession into evidence.

What Is The Definition Of Corpus Delicti In Florida?

There is a Law Journal article “The Anatomy of Florida’s Corpus Delicti Doctrine.” Respected jurist Circuit Judge Tom Barber in Hillsborough County is the author. In it, the judge defines the term, “corpus delicti,” as “the body of a crime.” It requires that first the state proves that a crime has been committed. Then the state may bring a defendant’s extrajudicial (i.e., out of court) confession into evidence in a criminal trial.”

Fl Bar J Volume LXXIV, No. 9 at 80 (Oct 2000). You can review judge Barber’s take on this subject here.

What Is The Law In Florida On Confessions, DUI, And The Corpus Delicti Rule?

There are specific items needed for conviction of DUI with serious bodily injury. First, there must be proof that defendant was driving the vehicle. Also, there must be proof of the defendant’s impairment at the time of crash. Furthermore, there must be evidence independent of the confession that defendant was actually behind wheel at time of crash.

Reported at 30 Florida Law Weekly D2379a

Read about local DUI conviction rates. Learn about how Law Enforcement Testifies in DUI Cases

]]> https://www.dui2go.com/blog/dui-officer-misses-hearing-driver-gets-license-back/ https://www.dui2go.com/blog/dui-officer-misses-hearing-driver-gets-license-back/ Wed, 17 Apr 2019 00:40:51 GMT The arresting officer was properly subpoenaed and did not appear at, the formal review hearing What Happens When The Arresting Officer Is Subpoenaed To Appear At A Driver’s License Suspension Hearing And Fails To Show? A breath test administered after a DUI traffic stop and arrest indicated the driver’s blood alcohol level exceeded 0.08 percent.…

]]> The arresting officer was properly subpoenaed and did not appear at, the formal review hearing

What Happens When The Arresting Officer Is Subpoenaed To Appear At A Driver’s License Suspension Hearing And Fails To Show?

A breath test administered after a DUI traffic stop and arrest indicated the driver’s blood alcohol level exceeded 0.08 percent. The driver requested a formal review of the license suspension at the Bureau of Administrative  Reviews. The arresting officer was properly subpoenaed and did not appear at, the formal review hearing.  

DUI License Suspension Case Summary

The driver got his license back. The arresting officer was properly subpoenaed for, but did not appear at, the formal review hearing conducted by the Department of Highway Safety (“the Department”). The controlling statutory provision is clear: “If the arresting officer . . . fails to appear [at the formal review hearing] pursuant to subpoena . . . the department shall invalidate the suspension.” § 322.2615(11), Fla. Stat. (2014). Under the circumstances of this case, we find that the circuit court, acting in its appellate capacity, applied the incorrect law when it affirmed the hearing officer’s order sustaining the suspension.  

The Court’s Ruling In A DUI Suspension Case

One court just ruled “The circuit court did not apply section 322.2615(11), and thus, it did not apply the correct law in reaching its decision (enforcing /  sustaining a DUI suspension). Accordingly, we grant the petition and quash (dismiss) the circuit court’s order affirming the hearing officer’s order sustaining the suspension. We . . .  direct that [thedriver’s] suspension be invalidated . . . “

COMPLETE TEXT OF OPINION

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Case No. 5D15-769

JEFFREY M. OBJIO,
Petitioner,
 
v. 
 
STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Respondent.
____________________/
Opinion filed November 20, 2015
 
EDWARDS, J.

    Through a petition for certiorari, Jeffrey Objio asks this court to consider whether the suspension of his driver’s license for driving under the influence of alcohol, must be invalidated where the arresting officer was properly subpoenaed for, but did not appear at, the formal review hearing conducted by the Department of Highway Safety (“the Department”). The controlling statutory provision is clear: “If the arresting officer . . . fails to appear [at the formal review hearing] pursuant to subpoena . . . the department shall invalidate the suspension.” § 322.2615(11), Fla. Stat. (2014). Under the circumstances of this case, we find that the circuit court, acting in its appellate capacity, applied the incorrect law when it affirmed the hearing officer’s order sustaining the suspension.¹ Accordingly, we grant the petition and quash the circuit court’s order.

BACKGROUND FACTS

    Objio was stopped by Officer Dunn and ultimately arrested by Officer Fowler for driving under the influence of alcohol. A breath test administered by Ray Garcia revealed that Objio’s blood alcohol level exceeded 0.08 percent. Pursuant to section 322.2615, Florida Statutes (2014), Objio’s driver’s license was suspended, and he was issued a temporary business-only driving permit. In accordance with section 322.2615(6), Objio sought a formal review of the suspension. Subpoenas were issued and timely served on Dunn, Fowler, and Garcia. The subpoenas required them to attend the formal review hearing scheduled by the Department.  

    When Officer Fowler did not appear at the hearing, Objio moved for invalidation of the suspension pursuant to section 322.2615(11), which provides that “[i]f the arresting officer . . . fails to appear pursuant to a subpoena . . ., the department shall invalidate the suspension.” The hearing proceeded in part, during which time Objio’s counsel questioned Dunn and Garcia. Although the hearing officer stated that he would be willing to continue the case and would extend the duration of Objio’s temporary driving permit,  

¹ This is not a situation where the formal hearing was continued based upon the arresting officer’s pre-hearing written request for a continuance.

    Objio’s counsel declined. Objio reiterated his position that section 322.2615(11) was absolute in its terms and required the hearing officer to invalidate the suspension. At this point, the hearing officer asked whether Objio would object to a continuance; when Objio’s counsel did not provide an immediate answer, the hearing officer said he would check back with him later. The hearing officer wanted time to consider this issue because section 322.2615(11) was recently revised, so he informed Objio’s counsel that they would reconvene by recorded telephone call to complete the argument and ruling on this specific issue.

    Several days later, as agreed, the hearing officer contacted Objio’s counsel by telephone and was informed that Objio was not going to request a continuance because section 322.2615(9) provides that a temporary driving “permit may not be issued to a person who sought and obtained a continuance of the hearing.” The hearing officer entered a written order that denied Objio’s request for invalidation of the suspension under section 322.2615(11); and sustained the license suspension.

    Objio appealed the hearing officer’s ruling to the circuit court by petition for certiorari. The circuit court noted that Fowler timely submitted a written request for continuance of Objio’s formal review hearing. However, no continuance was ever ordered by the hearing officer. A Department rule, that predates the revision of section 322.2615(11), provides that a properly subpoenaed witness who fails to appear at a scheduled hearing may submit a written statement showing just cause for the failure to appear within two days of the hearing. Fla. Admin. Code R. 15A-6.015 (2014). “[J]ust cause shall mean extraordinary circumstances beyond the control of . . . the witness which prevent that person from attending the hearing.” Id. The reason given for requesting the continuance was that Fowler would be on leave on the date of the hearing. The circuit court agreed with the Department that the arresting officer did not “[fail] to appear” at the hearing since he had sought a continuance, rather than simply not showing up. The circuit court reasoned that Fowler’s absence did not trigger the mandatory invalidation provision of section 322.2615(11) and found that Objio could not avoid the consequences of license suspension by refusing to accept the hearing officer’s initial offer of a continuance. The circuit court upheld the hearing officer’s order sustaining the suspension of Objio’s license and noted that there seemed to be a conflict between sections 322.2615(6) and (11). Objio timely petitioned for certiorari review by this court.

STANDARD OF REVIEW

    When a party seeks review of the circuit court’s ruling on an administrative action, the district court of appeal conducts what is known as “second-tier” review and must determine “[1] whether the circuit court afforded procedural due process and [2] applied the correct law.” Broward Cty. v. G.B.V. Int’l, Ltd., 787 So. 2d 838, 843 (Fla. 2001) (quoting City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)). Objio does not claim that he was denied procedural due process, so we only need to decide if the circuit court applied the correct law in reaching its decision.

APPLICABLE LAW

    The applicable law regarding the consequences of the failure of an arresting officer to appear at a review hearing is section 322.2615 (11). When it comes to a formal review hearing, section 322.2615 treats the non-attendance of subpoenaed arresting officers differently than the non-attendance of other subpoenaed witnesses. Section 322.2615(6)(c) provides that “failure of a subpoenaed witness to appear at the formal review hearing is not grounds to invalidate suspension.” (emphasis added). Even a driver’s failure to appear at his own hearing will be excused unless “the hearing officer finds such failure to be without just cause.” Id. § 322.2615(6)(b). However, in a situation such as this, where no continuance is ordered, section 322.2615(11) is absolute, mandatory, and quite clear when it states that “[i]f the arresting officer . . . fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the suspension.” Id. (emphasis added). Because there is no ambiguity in the wording of subsection (11), there is no need to resort to any other source for explanation or definition, such as Florida Administrative Code Rule 15A-6.015, which was discussed above. Thus, when the arresting officer, Fowler, failed to appear at the hearing after being duly subpoenaed, the hearing officer was required, under section 322.2615(11), to invalidate the suspension of Objio’s driver’s license. 

    The circuit court did not apply section 322.2615(11), and thus, it did not apply the correct law in reaching its decision. Accordingly, we grant the petition and quash the circuit court’s order affirming the hearing officer’s order sustaining the suspension. We remand with instructions to the circuit court to grant Objio’s original petition for certiorari, reverse the hearing officer’s order, direct that Objio’s suspension be invalidated, and ordering the Department to revise its records relating to him accordingly.

PETITION GRANTED; ORDER QUASHED; REMANDED WITH INSTRUCTIONS. 

EVANDER and WALLIS, JJ., concur.

]]> https://www.dui2go.com/blog/drug-dui-and-cannabis-in-the-courts/ https://www.dui2go.com/blog/drug-dui-and-cannabis-in-the-courts/ Tue, 12 Mar 2019 08:20:00 GMT What are the effects of THC on the brain of a driver? DUI and cannabis information needs to be shared. For both DUI attorneys and medical experts in the courts, this is a concept known as THC Kinetics and involves the concept of Hysteresis. Recently I attended a seminar that covered key issues, Questions and…

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What are the effects of THC on the brain of a driver?

DUI and cannabis information needs to be shared. For both DUI attorneys and medical experts in the courts, this is a concept known as THC Kinetics and involves the concept of Hysteresis. Recently I attended a seminar that covered key issues, Questions and Answers on Drug DUI with Dr. Stefan Rose of University Medical & Forensic Consultants, Inc. We learned that during the time of smoking marijuana and during the intoxication period (if one occurs) the blood and brain THC concentrations are in disequilibrium with each other. Another term for disequilibrium is “counterclockwise hysteresis”. When the THC blood levels are high the intoxication is low. When the THC blood levels are low, the intoxication (if present) is high, but only for a short time (minutes to an hour or so). Therefore it is IMPOSSIBLE to predict any pharmacologic effect at any point in time based on a blood THC test result. Nevertheless, there are harsh sanctions / penalties for refusing to take a test, when asked.

What is the scientific basis for urine testing and prediction of impairment by a driver?

NHTSA addresses Urine THC Kinetics in Drugs and Human Performance Study. With respect to Interpretation of Urine Test Results: Detection of total THC metabolites in urine, primarily THC-COOH-glucuronide, only indicates prior THC exposure. Detection time is well past the window of intoxication and impairment.

What do controlled clinical studies tell us about DUI and drug impacts on THC Cannabis impairment?

Published excretion data from controlled clinical studies may provide a reference for evaluating urine cannabinoid concentrations; however, these data are generally reflective of occasional marijuana use rather than heavy, chronic marijuana exposure. It can take as long as 4 hours for THC-COOH to appear in the urine at concentrations sufficient to trigger an immunoassay (at 50ng/mL) following smoking. Positive test results generally indicate use within 1-3 days; however, the detection window could be significantly longer following heavy, chronic, use. Following single doses of Marinol®, low levels of dronabinol (same as THC) metabolites are present for more than 5 weeks in urine. Low concentrations of THC have also been measured in over-the-counter hemp oil products – consumption of these products may produce positive urine cannabinoid test results.

What do we know about drug driving and THC Kinetics?

1. When smoking marijuana, THC is rapidly absorbed into the bloodstream from the alveoli in the lungs
2. The peak blood THC concentration occurs within minutes near or after the end of smoking
3. The THC goes through the blood to the organs and tissues of the body
4. As the blood THC concentration is falling the brain THC concentration is rising (hysteresis) therefore NO correlation of blood THC concentration to intoxication exists
5. The blood flow–peak determines the time to reach maximum THC concentrations in the various organs and tissues. The organs with the most blood flow have THC concentration the quickest
6. The organs with the highest blood flow are the brain, liver, kidneys and lungs
7. Skeletal muscle has low blood flow and fat tissue has very low blood flow
8. Fat accumulates THC slowly, and releases THC back into the bloodstream for days, weeks and months after the last dose of THC
9. Chronic marijuana users may have measurable residual THC levels in the blood for days and weeks after the last dose
10. A single blood THC result cannot determine when a person smoked marijuana or how much marijuana a person smoked!
11. A single blood THC result by itself cannot determine a person’s impairment from THC. Clinical correlation is necessary!

Can a THC Result Can ever Predict Impairment?

1. THC Blood : Serum ratio not known (if sample is serum)
2. THC Kinetic curve unknown (THC at driving not known)
3. THC Hysteresis effect not known
4. Residual THC in blood not known
5. THC drug-dose response not known
6. THCt olerance not known
7. CBD content and effect not known
8. Neurologic exam for THC effect not performed
9. Even NHTSA says it cannot be done!

How can a lawyer and an expert Challenge Blood Drug Results?

1. Challenge the chemical analysis for quantitative and qualitative accuracy. The quantitative value ALWAYS has error and uncertainty associated with it. Challenge the quantitative value through the ISO 17025 standard. Inspect ALL documents from the Laboratory Litigation Package and look for qualitative errors. A successful challenge to a driver’s license suspension can avoid a suspension.

2. Challenge the idea that a single blood drug test predicts blood drug concentration at the time of stop or crash. Blood drug concentrations are a moving target, and constantly changing. Therefore blood drug concentrations at the time of a stop or crash are unpredictable with a single blood drug test result. In fact, the only way to know the blood drug concentration is to have a blood sample taken at the time of the stop or crash

3. A blood drug concentration can NEVER predict the pharmacologic effect, or impairment on any individual even with known blood drug concentration! Pharmacology studies include populations of people, and those studies do not predict the pharmacologic effect on any individual because of the wide range of response to any drug. Modern medical pharmacology holds that doctrine to be true and cannot be changed for the sake of litigation. Counter-clockwise hysteresis of THC makes the prediction of impairment from a blood THC result IMPOSSIBLE.

What are important cross examination questions to ask in Drug DUI cases?

1. What type sample was analyzed? Whole blood, serum, plasma?
2. If serum/plasma, what was the whole blood: serum THC ratio?
3. What sample type are you referring to regarding any study of pharmaco-kinetics/pharmaco-dynamics?
4. Have you made the necessary correction in your calculations if the sample type is different?
5. How do you know what the defendant blood: serum THC ratio was?
6. What is the target organ that THC affects? (BRAIN)
7. What is the BRAIN THC concentration that causes impairment?
8. Was the BRAIN THC concentration measured?
9. A low blood THC concentration can mean a high or low brain concentration, correct?
10. Blood THC concentration does not predict BRAIN THC, does it?
11. How do you know what the defendant’s BRAIN THC concentration was?
12. Even if you knew the BRAIN THC concentration you would not know if that caused impairment, would you?
13. There is no published correlation between blood THC, BRAIN THC and impairment, is there?

If you need a forensic consult on your case please contact Dr. Stefan Rose directly by email at toxdoc@umfc.com or call 561-795-4452. Questions and Answers from recent Class on Drug DUI with Dr. Stefan Rose. University Medical & Forensic Consultants, Inc. ©2015.

]]> https://www.dui2go.com/blog/dui-conviction-ruins-miss-usa-contestant-video/ https://www.dui2go.com/blog/dui-conviction-ruins-miss-usa-contestant-video/ Tue, 16 Oct 2018 22:01:00 GMT A Miss USA contestant didn’t think of mentioning a misdemeanor DUI. Then, the contestant won the title. Specifically, the rules don’t allow “any type of” illegal behavior or activity. The pageant officials found out about her DUI conviction. She immediately lost her crown and her title. The paperwork says, ‘Have you been convicted of a…

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A Miss USA contestant didn’t think of mentioning a misdemeanor DUI. Then, the contestant won the title. Specifically, the rules don’t allow “any type of” illegal behavior or activity. The pageant officials found out about her DUI conviction. She immediately lost her crown and her title.

The paperwork says, ‘Have you been convicted of a felony?’ and when I contacted my lawyer, he told me that it was a misdemeanor.”

As Miss USA, she claims her lawyer told her she need not disclose the incident. During the incident, the young lady was driving with two flat tires. Finally, she was nearly triple the lawful blood alcohol level. She claims, her phone died. As a result, she could not call Uber. #MissUSA

Source: http://abcnews.go.com/video/embed?id=36329054

Source: http://abcnews.go.com/US/miss-washington-usa-stormy-keffeler-speaks-resigning-crown/story?id=36310190

]]> https://www.dui2go.com/blog/avoiding-dui-for-visitors-to-stanley-cup-finals-amalie-arena-tampa/ https://www.dui2go.com/blog/avoiding-dui-for-visitors-to-stanley-cup-finals-amalie-arena-tampa/ Fri, 04 May 2018 00:51:01 GMT Amalie Arena DUI For Visitors to Stanley Cup Playoffs Since the site of the Stanley Cup Playoffs is in Tampa, Florida there will be an influx of activity and people. Also, the Tampa Police Department’s intensive DUI enforcement zone is in the heart of Tampa near Amalie Arena. So here is a map of where visitors…

]]> Amalie Arena

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DUI For Visitors to Stanley Cup Playoffs

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Since the site of the Stanley Cup Playoffs is in Tampa, Florida there will be an influx of activity and people. Also, the Tampa Police Department’s intensive DUI enforcement zone is in the heart of Tampa near Amalie Arena. So here is a map of where visitors can expect to see tons of traffic enforcement officers.

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Link to Interactive Map: 

https://www.google.com/maps/d/edit?mid=zWwaTmFIBMis.k6pwIUV3dnNM

 

Map of Tampa DUI Hot Spots

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DUI Officers Watch Bar Parking Lots.

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

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Tampa is well known for the tactical use of special teams to conduct traffic stops near sporting events and bars. In addition, a former Tampa Police Department Sergeant gives testimony in Tampa Bay police tactics in this video. This former sergeant won’t be working but there are plenty more just waiting to arrest people.

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The Channelside area will be the focus of the DUI Tampa traffic cops. Assume they watch and wait at parking lots, act on tips received by phone and other types of electronic messages. The police often receive tips to watch locations from phone calls, text messages, emails, letters, and photos. Furthermore, a former DUI specialist said during the final testimony as a Tampa law enforcement officer, “I get all kinds of stuff.”

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Assume this is also the practice everywhere: Pinellas, Pasco, as well as Hillsborough counties in Florida. In addition, one DUI attorney has said if “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 advised.

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To Learn More See: Tampa DUI Bars and Restaurants – Map of Hot Spots – Amalie Arena DUI Attorney Tampa

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According to Wikipedia, “The Stanley Cup (French: La Coupe Stanley) is the championship trophy awarded annually to the National Hockey League (NHL) playoff winner after the conclusion of the Stanley Cup Finals.” According to our research, the Tampa Police Department will be trying to score some points in a variety of contests to encourage enforcement of Florid’a DUI laws.

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Amalie Arena and Florida Drivers are Targets in Law Enforcement Contests  – DUI Arrest Quotas, Contests, and Prizes

As we have reported, “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.”

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To Learn More About Tampa DUI Arrest Contests See:

Florida DUI Arrest Contest Costs $1,720,000 – Tampa DUI

www.dui2go.com/2014/09/florida-dui–arrest–contest-costs-1720000.html

 

Rating: 4.9 – ‎Review by Google+

 

Sep 24, 2014 – Read the complete DUI Arrest Contest Winners story here: … DUI Arrest Contests, Driving under the influence ( DUI ), Arrest Contest … contests

#nhl #tampabay #lightning 

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]]> https://www.dui2go.com/blog/can-a-sleeping-driver-be-charged-with-dui-in-florida/ https://www.dui2go.com/blog/can-a-sleeping-driver-be-charged-with-dui-in-florida/ Wed, 02 May 2018 17:17:00 GMT What happens to a driver arrested for DUI while asleep (Sleeping DUI Driver) in a lawfully parked car in Florida? An arrest for DUI is a warrantless seizure, but it must be supported by evidence sufficient to justify the intrusion of a driver’s privacy rights under the Florida Constitution. Driving under influence charges usually arises…

]]> What happens to a driver arrested for DUI while asleep (Sleeping DUI Driver) in a lawfully parked car in Florida?

An arrest for DUI is a warrantless seizure, but it must be supported by evidence sufficient to justify the intrusion of a driver’s privacy rights under the Florida Constitution. Driving under influence charges usually arises when the cops see a bad driver on the road. But what happens to a driver arrested for DUI while asleep in a lawfully parked car in Tampa Florida? The answer is complex but simply put: The officer must use the “community caretaking function”, to justify a vehicle intrusion. The officer must claim the interests of the driver’s safety warranted the interaction with the driver.
Source: Hans FLW Supp 2304 (Cir Court Nov 2015).

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What happens when a sleeping driver’s DUI arrest is not justified by the “community caretaking function”?

Search and seizure laws apply to DUI investigations in Florida and throughout the United States. The legal term for events surrounding a DWI / Driving under influence is “Detention”. To detain a driver, the officer must have “reasonable suspicion” to bother the driver. Frequently we see cases where the soon-to-be defendant has done the right thing (almost), and pulled over to take a nap in a legal parking space. Where the driver is found asleep, in a lawfully parked vehicle, the cop must have more to justify further investigation.

Cops cannot just open the vehicle door, take the keys from defendant’s hand, and wake up the dozing driver. Cops must try to arouse the driver. Perhaps a simple polite knock on the door or window is necessary. If they just open the door and enter, the detention of the DUI defendant is unlawful. At least one court has ruled that a DWI officer’s conduct was not justified by the “community caretaking function”. This cop never tried to wake the driver, opened the door, and did nothing to “indicate concern for defendant’s safety or to determine if she needed assistance.” The case was thrown out when a Fourth Amendment motion to suppress was granted.

Source: Hans FLW Supp 2304 (Cir Court Nov 2015).

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What Happens When A Cop Approaches A Sleeping DUI Driver?

The Facts:

• Deputy approaches the legally parked car
• Makes an approach to vehicle
• The second approach to vehicle
• Deputy parks patrol car behind the suspect
• The driver has GPS on the dash
• DUI cop has a “hunch” driver is DUI
• Arrests driver

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The Ruling:

Court found insufficient basis for a DUI investigation.

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The Reasons:

One commentator has observed, “Deputy had legitimate reason to pull alongside defendant’s vehicle, which was stopped on roadside at night in isolated location, to conduct wellness check — Fact that deputy shone flashlight into vehicle and told defendant to roll down window did not convert encounter into investigatory stop — Where deputy saw that defendant was alert and conscious and defendant responded to inquiry about his well-being, deputy’s subsequent actions of parking patrol vehicle behind defendant’s vehicle with lights activated and directing defendant to turn off vehicle and provide identification was unlawful investigatory stop — Motion to suppress is granted.” 24 Fla. L. Weekly Supp. 829a

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Can a Sleeping Driver be charged with DUI in Florida? Yes but the cop must have a valid reason to initiate contact with the driver. Quotes from a Recent Actual Physical Control Sleeping DUI Driver Court Opinions

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Valid Stop For Probable Cause Or Concern For Motoring Public Safety

“In most DUI cases, a traffic stop is made because the officer has probable cause that a traffic infraction has occurred or the officer has a reasonable suspicion of criminal activity. See State v. Wimberly, 988 So. 2d 116 (Fla. 5th DCA 2008) [33 Fla. L. Weekly D1856a] and Origi v. State, 912 So. 2d 69 (Fla. 4th DCA 2005) [30 Fla. L. Weekly D2302a]. There is also a justifiable reason for a traffic stop if there is “. . . a legitimate concern for the safety of the motoring public [which] can warrant a brief investigatory stop to determine whether a driver is ill, tired, or driving under the influence in situations less suspicious than that required for other types of criminal behavior.” State, Dept. of Highway Safety and Motor Vehicles v. DeShong, 603 So. 2d 1349 (Fla. 2d DCA 1992).”

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A Hunch Is Not Enough For A DUI Investigation

“Once Dep. Woell saw that the Defendant was conscious and able to make a response to his inquiry regarding whether he was all right, even if it was poorly done, there should have been more of an effort to discern if there was truly a concern for the Defendant’s safety before taking the next steps. The Defendant had done nothing illegal. He had pulled off the road in a proper fashion and had not affected other traffic. He was able to roll down his window and respond to the officer, albeit incoherently in the Deputy’s view. There was no visible injury, no blood or vomit. The Defendant was alert and conscious. Tellingly, the Deputy said, while being cross-examined, that he saw (from a decent distance) that the Defendant had bloodshot eyes (the cause of which could be from many reasons) and that he had a hunch the driver was impaired.”

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Officer Must Have A Reasonable Suspicion For A DUI Investigation

“[T]he second approach (by parking behind the Defendant, walking up to the driver’s door, and directing him to turn off the car and to provide identification) as not a true welfare check. If he had made more than one inquiry while he was alongside the Defendant, perhaps raised his voice one time to try to get a clearer response, or articulated with more specificity how this particular driver looked to be in some possible distress, this Court’s conclusion may have been different. It would be a slippery slope to give an officer carte blanche to use a well-being concern to get around the need for a reasonable suspicion to justify an investigatory stop.”
“Based on the circumstances and the case law, IT IS ORDERED AND ADJUDGED that the Defendant’s Motion to Suppress is GRANTED.”

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Complete Sleeping Driver Actual Physical Control DUI Court Opinion

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STATE OF FLORIDA, Plaintiff, vs. ROBERT CODY NANCARROW Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2016-301820-MMDB, Division 80. October 16, 2016. Bryan A. Feigenbaum, Judge. Counsel: Andrew Draper, Assistant State Attorney, for Plaintiff. G. Kipling Miller, Koleilat & Miller, for Defendant.
ORDER GRANTING DEFENDANT’S

MOTION TO SUPPRESS

THIS CAUSE came before the Court on September 14, 2016 for a hearing on Defendant’s Motion to Suppress Evidence pursuant to Rule 3.190 Fla. R. Crim. P.; the Fourth and Fourteenth Amendment of the United States Constitution; and Article 1, Section 12 of the Florida Constitution. The Court, having taken notice of the court file, having listened to the testimony of the witnesses, and having considered the arguments from counsel, makes the following findings upon which it enters this Order:

On the late evening of February 14, 2016, around 11 p.m., Deputy Woell of the Volusia County Sheriff’s Office was driving westbound on the 1800 block of Taylor Road. This is a dark area in unincorporated Volusia County; there are no businesses or private homes alongside the road and there are no streetlights around.

There is a long bend in this stretch of road and as Dep. Woell was following a line of two or three cars near this curve, one car pulled completely off the road and onto the grassy shoulder. There was no other abnormal driving pattern and this maneuver did not affect the other vehicles. There was no testimony that any of the other vehicles had to brake or swerve.

Dep. Woell pulled alongside the stopped car, between the wood line and the passenger side of the car. He did not turn on his police siren or any flashing lights and did not get on a public address system. There was only one occupant, the driver, who turned out to be the Defendant. Dep. Woell said he pulled over out of a concern for the motorist to make sure everything was all right.

According to Dep. Woell, as he looked over at the Defendant, the Defendant was just staring straight ahead. The Deputy thought it unusual that a driver would not acknowledge his presence, seeing as how he was in a marked police car, so he pointed a flashlight into the car. At that time, the Defendant rolled down the passenger’s side window and stared at the police officer. Dep. Woell asked if he was okay and he claimed the Defendant looked down to the passenger’s side floorboard area and said something incoherent. Dep. Woell noted that the Defendant was alert, conscious, and was not slumped over and the Deputy made no mention of seeing any visible injury. On cross-examination, Dep. Woell also testified he saw that the Defendant had bloodshot eyes and that he had a hunch the Defendant might be impaired. He conceded that there were no other signs of impairment.

In order to explain his subsequent actions, Dep. Woell claimed that his original concerns for the driver had not dissipated. Dep. Woell thought, without clearly articulating why, that the Defendant was acting in an abnormal manner. He mentioned several scenarios he had been involved in, including situations where a driver was having a panic attack, an adverse reaction to medication, or a medical emergency such as a stroke, but never linked any prior experience with this particular driver’s behavior.

The Defendant testified that he pulled off the road since he was lost. He was staring at the UPS navigation system set up in the middle of his dashboard when a car pulled alongside him and someone shined a flashlight into his car and yelled for him to roll down his window. Once he complied, he was asked if he was okay and he replied that he was fine. He surmises he did not say it loud enough to be clearly heard.

Dep. Woell decided to put his vehicle in reverse and now park behind the Defendant’s car. He did not put on any takedown or flashing lights, but did turn on rear flashing blue lights to warn other traffic of his presence and they most likely would have been noticeable by the Defendant on this dark road. As the Deputy approached the driver’s side window, the window was already rolled down. Dep. Woell asked the Defendant to turn off his car and to provide his driver’s license, vehicle registration, and proof of insurance. Dep. Woell said he began noticing several signs of impairment including the odor of alcohol, glassy eyes, and slurred speech. The Defendant had a great deal of difficulty in finding his driver’s license. He claimed he could not find his wallet three times before realizing he had his wallet on him.

The Deputy returned to his own vehicle and began running the information, including performing a warrants check. According to the police reports, the first time of contact with the driver was at 11:10 p.m. Having now seen signs of impairment which led him to believe a DUI investigation was appropriate, Dep. Woell called for back-up at 11:28 p.m. The shift supervisor, Sgt. Amendolare, arrived about 10 minutes later, at 11:39 p.m., and the DUI investigation began.

Dep. Woell had the experience and background to have started the DUI investigation on his own, but testified several factors led him to call for assistance for safety reasons: the dark area where the two vehicles were parked and the bend in the road next to where they were located; the lack of a flat surface to conduct field sobriety exercises [FSEs] except for the road itself since the grassy shoulder was sloped downward; the need for another police car to block traffic if they were going to do FSEs at the scene; and the relative size of the Defendant compared to Dep. Woell.

The defense argues that there was an improper seizure along the side of the road first by shining the flashlight into the Defendant’s car and then by parking behind the car and approaching the driver’s side window and making direct commands. Secondly, the defense argues that even if there was a valid stop, there was an unlawful detention given the time between the first contact and when the DUI investigation began, around 28 minutes later.

The State initially argued that the defense did not present evidence to show standing and that they did not meet their initial burden of proof under Florida Rule of Criminal Procedure 3.190 (g)(3) which requires, in a motion to suppress, “. . . the defendant shall present evidence supporting the defendant’s position and the state may offer rebuttal evidence.”

The Court took judicial notice of the court file and the allegations in the motion to suppress to find that there was no search warrant issued in this case. See Fla. Stat. § 90.202(6) (court may take judicial notice of the court file). Once that finding is made, the burden is the on the prosecution to prove the validity of the police’s actions under the Fourth Amendment. See State v. Hinton, 305 So. 2d 804 (4th DCA 1975); State v. Schubert, 23 Fla. L. Weekly Supp. 782a (Fla. 17th Jud. Cir., Broward Co. Ct., Dec. 12, 2015); and State v. Dawkins, Donaldson, et al, 20 Fla. L. Weekly Supp. 170a (Fla. 4th Jud. Cir., Duval Co. Ct., Oct. 23, 2012).

All warrantless searches “are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions.” Katz v. United States, 389 U.S. 347, 357 (1967). The burden is on the State to prove the validity of a search by clear and convincing evidence. State v. Thompson, 72 So. 3d 245 (Fla. 2d DCA 2011) [36 Fla. L. Weekly D2236a].

Did Dep. Woell make proper initial contact with the Defendant and, if that was characterized as an encounter, when did that contact change from an encounter to an investigatory stop? Was there a legitimate reason for that change in status at the time it became an investigatory stop?

The Florida Supreme Court described three distinct types of police-citizen contacts and they are often fluid situations. “The first level is considered a consensual encounter and involves only minimal police contact. During a consensual encounter a citizen may either voluntarily comply with a police officer’s requests or choose to ignore them. Because the citizen is free to leave during a consensual encounter, constitutional safeguards are not invoked.” Popple v. State, 626 So. 2d 185, 186 (Fla. 1993). The second level is “an investigatory stop.” See Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). For a police officer to lawfully detain a citizen, “an investigatory stop requires a well-founded, articulable suspicion of criminal activity. Mere suspicion is not enough to support a stop.” Popple, Id. at 186. The third level “involves an arrest which must be supported by probable cause that a crime has been or is being committed.” Id.

The fact that Dep. Woell pulled alongside the Defendant’s parked car did not automatically create a traffic stop. See State v. Wimbush, 668 So. 2d 280 (Fla. 2d DCA 1996) [21 Fla. L. Weekly D506b] and State v. Carley, 633 So. 2d 533 (Fla. 2d DCA 1994). He did not use lights or siren and in no manner direct the Defendant to pull over.

In most DUI cases, a traffic stop is made because the officer has probable cause that a traffic infraction has occurred or the officer has a reasonable suspicion of criminal activity. See State v. Wimberly, 988 So. 2d 116 (Fla. 5th DCA 2008) [33 Fla. L. Weekly D1856a] and Origi v. State, 912 So. 2d 69 (Fla. 4th DCA 2005) [30 Fla. L. Weekly D2302a]. There is also a justifiable reason for a traffic stop if there is “. . . a legitimate concern for the safety of the motoring public [which] can warrant a brief investigatory stop to determine whether a driver is ill, tired, or driving under the influence in situations less suspicious than that required for other types of criminal behavior.” State, Dept. of Highway Safety and Motor Vehicles v. DeShong, 603 So. 2d 1349 (Fla. 2d DCA 1992).

Moreover, a police officer has a responsibility to make a well-being check if there is a reason to be concerned for the safety of a citizen, whether they are in a car or not. “It is well recognized that police officers may conduct welfare checks and that such checks are considered consensual encounters that do not involve constitutional implications.” Dermio v. State, 112 So. 3d 551, 555 (Fla. 2d DCA 2013) [38 Fla. L. Weekly D776a]. See also Blice v. State, 825 So. 2d 447, 449 (Fla. 5th DCA 2002) [27 Fla. L. Weekly D1705a] (“Not knowing whether he was ill, intoxicated, or merely asleep, the officers were duty-bound to investigate and to render assistance if needed. To do otherwise would be a dereliction of their duty.”); Gentles v. State, 50 So. 3d 1192, 1198-9 (Fla. 4th DCA 2010) [35 Fla. L. Weekly D2900a] (“In keeping with such community caretaking responsibilities, [an officer] could properly check the defendant’s status and condition to determine whether he needed any assistance or aid. This type of limited contact has been deemed a reasonable and prudent exercise of an officer’s duty to protect the safety of citizens.”, citing to Lightbourne v. State, 438 So. 2d 380, 388 (Fla. 1983)); Greider v. State, 977 So. 2d 789 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D949b]; Vitale v. State, 946 So. 2d 1220, 1221 (Fla. 4th DCA 2007) [32 Fla. L. Weekly D164a] (“[T]he Fourth Amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid . . . .”, citing to Mincey v. Arizona, 437 U.S. 385, 392-93, 98 S. Ct. 2408, 57 L. Ed. 2d 290 (1978); and State v. Sooy, 13 Fla. L. Weekly Supp. 997b (Fla. 7th Jud. Cir., Volusia Cty. Ct., Aug. 3, 2006).

The facts in the instant case, like the fact patterns in Greider, Gentles, and Dermio, show an encounter continuum between an officer and a defendant. Given the time of night and the isolated location where the Defendant pulled off the road, Dep. Woell had a legitimate reason, if not a duty, to pull alongside the Defendant and make sure everything was all right. A wide gamut of reasons from the minor to the serious could be involved when a driver pulls off the road: mechanical problems with the vehicle, a medical emergency, wanting to take or make a phone call or respond to a text, a lost contact lens, or being lost and wanting to get one’s bearings are just a few of the possibilities.

Shining a flashlight into the vehicle or even telling the Defendant to roll down the window did not necessarily convert the initial encounter into an investigatory stop. See Dermio, id; Wimbush, id.; State v. Goodwin, 36 So. 3d 925 (Fla. 4th DCA 2010) [35 Fla. L. Weekly D1289b]; Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006) [31 Fla. L. Weekly D2510a]; Pacheco v. State, 20 Fla. L. Weekly Supp. 255a (Fla. 17th Jud. Cir. Ct., Nov. 9, 2012); and State v. Evans, 21 Fla. L. Weekly Supp. 451a (Fla. 18th Jud. Cir., Brevard Cty. Ct., Jan. 28, 2014).

Once Dep. Woell saw that the Defendant was conscious and able to make a response to his inquiry regarding whether he was all right, even if it was poorly done, there should have been more of an effort to discern if there was truly a concern for the Defendant’s safety before taking the next steps. The Defendant had done nothing illegal. He had pulled off the road in a proper fashion and had not affected other traffic. He was able to roll down his window and respond to the officer, albeit incoherently in the Deputy’s view. There was no visible injury, no blood or vomit. The Defendant was alert and conscious. Tellingly, the Deputy said, while being cross-examined, that he saw (from a decent distance) that the Defendant had bloodshot eyes (the cause of which could be from many reasons) and that he had a hunch the driver was impaired.

The State relied on Dermio, id., but there are many distinguishing factors that led the Second DCA to find that opening the driver’s door, in that case, did not transform that encounter into a stop. The driver/defendant, in that case, was parked in a bar parking lot at 3:30 a.m. with the engine running and the lights on. The driver appeared to be asleep and was only awakened by the officer’s tapping a flashlight onto the car window. The officer made three distinct attempts to get a coherent response from the driver before taking the further action of opening the door out of a concern for the driver’s safety. As pointed out in Dermio, “. . . the deputy’s concern for Dermio’s safety, in this case, had not yet been alleviated because Dermio continued to be incoherent and ‘out of it’.” [emphasis added] Id. at 556. Dep. Woell, by contrast, had just seen the Defendant driving properly and only made one attempt to check on his welfare. As mentioned earlier, there are a plethora of legitimate reasons why a driver may pull over in the same manner as the Defendant.

In Greider, id., an officer approached a legally parked car that had towels covering both the passenger and driver’s windows of the car, concealing the interior as if they were curtains. The officer had a safety concern and approached the passenger’s side to see the occupant(s). The driver rolled down the passenger’s window and said all was fine. Even though his concern for the occupant’s welfare was dispelled, the officer went around to the driver’s side and ordered the driver to roll down that window. “We do not ignore [the officer’s] testimony that he possessed suspicions regarding the unusual circumstances of the towels covering the windows, even after he had been assured all was well. However, a suspicion, by itself, may reflect well on the officer’s instincts but it does not meet the Fourth Amendment’s requirement of ‘at least reasonable suspicion that the individual seized is engaged in wrongdoing.’ Here, there was no evidence of criminal activity. This event was a second level citizen encounter, an investigatory stop, undertaken without appropriate legal justification.” Greider, id. at 793, citing to Popple at 186. Even if Dep. Woell had not had his welfare concern completely dispelled, there should have been a greater effort made, at least further inquiry, before pulling behind the Defendant’s car, blue warning lights illuminating the dark road, approaching the driver’s window, instructing him to turn off his engine, and making requests for license and registration. Just like the defendant in Greider, the Defendant here would not feel free to disregard the officer’s command, end the encounter, and drive away. The Florida Supreme Court “. . . has consistently held that a person is seized if, under the circumstances, a reasonable person would conclude that he or she is not free to end the encounter and depart.” Popple, id. at 188, citing to Jacobson v. State, 476 So. 2d 1282 (Fla. 1985).

In Gentles, id., an officer approached a parked car in a closed mall parking lot inhabited by a driver who appeared asleep. The car’s engine was running. The officer awakened the driver and ordered him to turn off the engine. The Fourth DCA found that the officer had not shown a reasonable concern for the driver’s safety before telling him to shut off the car. While the officer had a community caretaker function that could allow him to see if the driver needed any assistance, there has to be a specific concern, as opposed to a generalized concern, for the driver’s safety to allow this encounter to continue with greater intrusion by the officer. Id., at 1199-1200.

Dep. Woell’s testimony causes concern that he made the second approach (by parking behind the Defendant, walking up to the driver’s door, and directing him to turn off the car and to provide identification) as not a true welfare check. If he had made more than one inquiry while he was alongside the Defendant, perhaps raised his voice one time to try to get a clearer response, or articulated with more specificity how this particular driver looked to be in some possible distress, this Court’s conclusion may have been different. It would be a slippery slope to give an officer carte blanche to use a well-being concern to get around the need for a reasonable suspicion to justify an investigatory stop. “. . . [I]nvestigatory stops based solely upon an inarticulable hunch or unparticularized suspicion are invalid.” Keeling v. State, 929 So. 2d 1169 (Fla. 2d DCA 2006) [31 Fla. L. Weekly D1569a].

Based on the finding that the second contact between Dep. Woell and the Defendant was an investigatory stop and not an encounter, the issue about the time of the Defendant’s detention on the side of the road before the back-up arrived to begin the DUI investigation is moot.

Based on the circumstances and the case law,

IT IS ORDERED AND ADJUDGED that the Defendant’s Motion to Suppress is GRANTED.

Source: 24 Fla. L. Weekly Supp. 829a

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