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Tampa DUI Lawyer Tampa DUI Lawyer

Educates the public and attorneys about Florida and Tampa Bay area DUI laws and enforcement.
By W.F. "Casey" Ebsary Jr., Esq.

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Last Entry: November 18, 2009 at 17:59:00

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Florida Vehicular Homicide Black Box SDM Vehicle Download

Posted on November 18, 2009
Tampa, Florida Board Certified Criminal Trial Lawyer, Attorney W.F. ''Casey'' Ebsary, Jr. notes that some vehicles have a sensing and diagnostic module ( SDM ), also known as a ''black box.'' Prosecutors alleged recently, data from a Corvette that was downloaded from the black box revealed that a defendant's speed was 103 m...


Florida DUI Probable Cause - Fellow Officer Rule

Posted on November 17, 2009
A Tampa Bay appeals court in a DUI case has issued a ruling applicable to multi-officer DUI traffic stops. The Fellow Officer Rule under Florida law has traditionally been used by law enforcement and prosecutors, when a witness is unavailable to testify in court...


Tampa DUI - New Resource

Posted on November 08, 2009
Tampa DUI Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. launched a new resource for persons in Tampa, Hillsborough County, Florida. Tampa is divided into these communities: West Tampa, East Tampa, South Tampa, New Tampa, Tampa Palms, Temple Terrace, Carrollwood, Town & Country, Oldsmar, Palma Ceia, Westchase, Stadium, Westshore, Carver City, Ybor City, Sunset Park, Hyde Park, SoHo, Citrus Park, Bayshore, Egypt Lake, Rocky Point, Sulphur Springs, Davis Island, Harbour Island, Seminole Heights, University Square, Drew Park, Jackson Heights, Tampa Heights, Riverside Heights, Port Tampa, Ballast Point, Belmar, and Lowry Park...


License Suspensions - Court Watch - Tampa Bay

Posted on November 05, 2009
Tampa Bay Area Criminal Defense Attorney and expert notes, according to reports, police officers are staking out Florida courthouse parking lots - they are trying  to catch drivers driving from court with a suspended or revoked license. Undercover officers are in court and following the unsuspecting to the parking lot, where they are quickly nabbed for the crime of knowingly driving while license suspended or revoked, a violation of Florida traffic laws, Chapters 316 and 322...


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DUI Halloween Tampa, Hillsborough County Florida

Posted on October 30, 2009
Tampa Bay DUI law enforcement predicts many DUI arrests, perhaps a record this holiday season starting with Halloween. Halloween falls Saturday , a first since 1998. Bars are open an extra hour since daylight saving time ends at 2 a.m. Sunday. People will get an extra hour until closing time...


Pasco DUI Motorcycle Acquittal

Posted on October 16, 2009
In a Pasco DUI case, a motorcycle expert testified that the 2006 Harley-Davidson motorcycle found on the ground near the defendant would not run, if it were tipped over. A safety feature was built into all Harleys made after 2003. The police reported that the alleged DUI rider had fled the scene on foot after "leaving the motorcycle on its side still running and the key in the ignition...


Tampa Street Racing - Penalties

Posted on October 15, 2009
Tampa Criminal Defense Attorney notes in a case where someone else was the defense attorney - Street racing in a Nissan 350Z, plus death of a bystander, plus a jury conviction equals vehicular homicide, reckless driving and unlawful racing, plus at least 15 years in prison...


More Denials of Abuse - Hillsborough County Sheriff David Gee

Posted on October 08, 2009
More denials spew from Hillsborough County Sheriff David Gee, who defends the treament of DUI suspects in his jail. Tell Me Your Story Toll Free 1-877-793-9290 .


Hillsborough County DUI Sheriff Tries To Explain Away Abuse

Posted on October 08, 2009
Video of DUI cases from inside the Hillsborough County, Florida jail flies in the face of denials of abuse and rule-breaking by Hillsborough County Sheriff David Gee. This is the same jail where a paralyzed guy in a wheelchair was dumped. Have you been the subject of mishandling by law enforcement? Tell Me Your Story Toll Free 1-877-793-9290 ...


Big Trouble for DUI Cases with Intoxilyzer 8000?

Posted on October 08, 2009
Tampa DUI Attorney reports that Hillsborough DUI cases involving Tampa Bay area law enforcement may be in jeopardy in this investigative report from ABC News Channel 10. According to the investigative report, law enforcement has been breaking numerous rules when handling DUI cases...


Corpus Delicti - DUI - Statements of Identification

Posted on September 29, 2009
Tampa DUI and Expert Defense Attorney comments on Actual physical control of vehicle, Evidence and Statements of defendant, including Identification of defendant as driver. Recently a court ruled that there were inadmissible statements made during an accident investigation...


Driving with Suspended License DWLSR Defense Attorney Wins

Posted on September 26, 2009
Tampa Driving with Suspended License DWLSR Defense Attorney notes that the prosecutor introduced a copy of the defendant's driving record where defendant's driver's license was suspended for 3 different offenses. The record showed "notice required by statute" had been given, however the driving record did not contain defendant's address...


DUI - University of South Florida - USF

Posted on September 26, 2009
Tampa Hillsborough DUI Attorney notes that since 2006, University of South Florida Police USFPD have conducted DUI checkpoints / DUI saturation patrols. This is new on the Tampa campus. USFPD has 43 officers. They also patrol areas immediately surrounding campus...


Tampa Florida DUI Attorney on Unusual Arrest

Posted on September 24, 2009


DUI Tampa Attorney on Florida Refusal of Breath Test

Posted on September 16, 2009
Under Florida DUI law refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. This short video goes behind the scenes and into an interrogation room at a local police station where a professional DUI investigator is informing the suspect of his options under Florida's implied consent law...


Florida DUI Traffic Stop - In Car Video - Tampa

Posted on September 12, 2009
Tampa Florida DUI Lawyer, Attorney Casey Ebsary presents an update of one of our most-viewed videos.Tell Me Your Story - Toll Free 1-877-793-9290 .Tampa Florida DUI Traffic Stop


Intoxilyzer 8000 - Florida Breath Results Dumped

Posted on September 11, 2009
Tampa Florida DUI Attorney notes that the (FDLE) Florida Department of Law Enforcement fired an inspector in charge of the I-8000 intoxilyzers used in Broward, Miami-Dade and Monroe counties for turning off power to three machines when they would fail inspection...


Pinellas County DUI Investigative Report

Posted on September 11, 2009


DUI Information Search Online - Tampa Florida

Posted on September 09, 2009
Tampa DUI Attorney has produced a 30 second video on searching for help and information on DUI charges in Florida.Tell Us Your Story Toll Free 1-877-793-9290 .DUI Information Search Online


Florida DUI Suspension and The 10 Day Rule

Posted on September 07, 2009
You have 10 days from the date of your arrest to request a Review Hearing For Administrative Suspension of your license. The Department of Highway Safety and Motor Vehicles is authorized upon request to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions for allegations of DUI...


Traffic Camera Scam Investigation

Posted on September 02, 2009
Florida Traffic Stop Light Camera Attorney in Tampa continues an investigation of using stop light cameras. We have just uncovered this scam. Some Traffic Cameras Being are being Fooled by Cloned License Plates. In Maryland, reports have surfaced of students making fake plates, speeding through intersections, then the Stop light traffic cameras photograph or video the incident and tickets are


http://www.lawguru.com/

Posted on August 23, 2009
http://www.lawguru.com/


Red Light Camera Attorney in Tribune

Posted on August 20, 2009
In a continuing investigation of the legitimacy of red light cameras, Florida Red Light Camera Attorney was interviewed by the Tampa Tribune and commented on the lack of procedural protections in municipal traffic camera cases; The article is found here:www2...


Florida Red Light Cameras - Attorney Investigates - Scientific Report

Posted on August 13, 2009
Florida Red Light Camera Investigation Continues by a Board Certified Criminal Trial Lawyer - Scientists who have reviewed the safety of Florida Red Light Cameras concluded, "comprehensive studies conclude cameras actually increase crashes and injuries, provid[ing] a safety argument not to install them...


DUI Polk County Deputy Admits - Cut - Copy and Paste - 54 Cases Tossed

Posted on August 13, 2009
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 DUI arrest reports:1. Cops use a template to write report(s);2. Cops take a previous DUI report(s) and change the name, leaving details the same;3...


Florida DUI Law Search

Posted on August 08, 2009
Search Our Huge Florida DUI Database for Free!


Florida Red Light Cameras - Video Report

Posted on August 08, 2009
Florida Traffic Defense Attorney has uncovered evidence that some governments are shortening yellow light times, making it more likely that Red Light Camera Violations will generate more revenue for the large corporation and the local government.Get The Picture? We do...


Florida Red Light Cameras in Google Earth

Posted on August 08, 2009
Florida Red Light Cameras in Google EarthFlorida Red Light Cameras in Google Earth. Courtesy of GPS Angel Maps for Major GPS Units.http://www.redlightcameradetectors.com/Patriot-Camera-Database_ep_66.htmlFlorida Red Light Camera Map.Stop Worrying! Got a Ticket? Call Us Toll Free 1-877-793-9290.


Tampa Florida Red Light Camera Defense Attorney Presents More Video

Posted on August 08, 2009
Here a cop from Southwest Florida explains how they decide to issue Red Light Camera / Traffic Camera citations. With one small Florida town bagging nearly a half-million in fines, there should be plenty of cash to hire smooth-talkers like this point and click, desk-jockey...


Call Me on My Cell Right Now!

Posted on August 07, 2009
I am frequently available at this number 813-343-2062 and can speak to you directly. If I can't pick up, dont leave a message with any details about your case - Call me Toll Free at 877-793-9290. Stop Worrying and get some help today!


Florida DUI - Mobile Breath Test Unit - Exclusive Photo

Posted on August 07, 2009
Florida DUI Attorney has an exclusive photo of one of the tools used by a DUI Unit in Pinellas County. This St. Petersburg Police Department DUI vehicle was spotted today at the Pinellas County Courthouse. It is suspected that the unit is used in DUI wolfpack operations and at DUI checkpoints...


Tampa DUI Defense Attorney Uncovers Cop's Contest - New Motorcycle is the Prize

Posted on August 05, 2009
Tampa Florida DUI Attorney has been covering the contests where law enforcement can win prizes for issuing citations including DUI. As previously noted here and here.Now the Florida Department of Transportation is awarding a Harley Davidson motorcycle to top producers in issuing traffic citations...


Florida DUI Blood Test Results Suppressed

Posted on August 05, 2009
Florida DUI Attorney from Tampa Reports: A Defendant was arrested. The court ruled that the circumstances did not authorize blood draw. Testimony established that the reason for the blood draw was that all breath testing machines were inoperative. The officer asked defendant to submit to blood draw under circumstances that did not authorize such a test...


Florida DUI Breath Test Results, Jury Instructions, and Presumptions

Posted on August 05, 2009
Tampa Florida DUI Attorney / Lawyer Reports: Court rules that where State Attorney / Prosecutor could only provide Intoxilyzer 8000 inspection reports from month before, from month of, and two months after defendant's breath test and where State could not provide proof that the inspection was done the month after breath test, court ruled that the State would not be entitled to presumptions that


Florida DUI Attorney on DUI and Traffic Citation Quotas

Posted on July 16, 2009
Florida DUI Attorney in Tampa notes an allegation of traffic citation quotas at the Florida Highway Patrol (FHP). As previously discussed in the context of Driving Under the Influence (DUI) cases, law enforcement apparently has motivation to write citations and make arrests, beyond and above the safety considerations...


How To Write a Florida DUI Citation

Posted on July 16, 2009
The FHP (Florida Highway Patrol) has published a white paper on How To Write a Florida DUI Citation. Florida DUI Attorney has provided access to the 3 page report here. In fact here is access to the entire UTC (Uniform Traffic Citation Procedures Manual) ...


License Suspensions - Tampa Bay

Posted on July 16, 2009
Florida Driver's License Suspensions can be triggered by a number of events:DUI;Failing to Maintain Insurance;Failing to pay child support;Failing to pay a speeding ticket;Accumulating too many points.The DHSMV ( Department of Highway Safety and Motor Vehicles ) controls formal suspensions...


Plant City DUI Defense Lawyer | Plant City Criminal Law Attorney

Posted on July 13, 2009
Persons charged with DUI or DWI or BUI in Plant City, Florida have a resource for help when DUI troubles arise. Help is available from a former Plant City DUI Prosecutor.Board Certified Criminal Trial Specialist, W.F. ''Casey' Ebsary Jr. is available at Florida DUI Expert ...


DUI Florida Jury Instruction

Posted on July 12, 2009
Tampa Florida DUI Attorney answers the question: What is the Jury told to help reach a verdict in a DUI case? The Florida Supreme Court has proposed the following instructions to jurors deciding DUI cases:"If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of ...


Florida DUI Checkpoint Results - 1000 Stops - Zero Arrests for DUI

Posted on July 12, 2009
A Florida DUI checkpoint nets 10 arrests. But, none of them were for DUI! The Florida Highway Patrol set up the checkpoint. There were actually 1,131 vehicles checked.Here's the Tally:Zero arrested for DUITwo arrested on outstanding warrants.Seven arrested on felony charges, including six on drug-related charges...


Polk DUI Arrests By The Numbers

Posted on July 09, 2009
Attorney and DUI Lawyer uncovered a report that there are about 1300 to as many as 1600 people arrested each year for DUI in Polk County. The arrest statistics for each Florida County are available here for free. The most recent traffic citation and DUI Arrest numbers for Polk County are available here for free...


Polk DUI Attorney - Lawyer Can Help

Posted on July 08, 2009
Persons charged with DUI or DWI or BUI in Polk County have a resource for help when these troubles arise. Board Certified Criminal Trial Specialist, W.F. ''Casey' Ebsary Jr. is available at PolkDUILaw.com. DUI is serious charge to have on your driving record in Polk County...


Tampa Criminal Defense Lawyer New Resource

Posted on July 08, 2009
Tampa Criminal Defense Lawyer announced 2 new resources designed to help citizens under investigation, indictment, or pending criminal cases in the Tampa Bay Area. The new sites are:TampaCriminalDefense-Lawyer.comTampaCriminalDefense-Attorney.comThe sites focus on criminal defense of charges: theft, larceny, grand theft, computer crime, cybercrime, computer fraud...


Polk County DUI Attorney on DUI Drug Court

Posted on July 07, 2009
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 ...


Pinellas DUI Attorney on Big Brother and Cameras

Posted on July 07, 2009
Pinellas DUI Attorney spotted and photographed the latest addition to the Sheriff's Office "Big Brother is Watching" arsenal - two trunk-mounted Automatic License Plate Recognition Systems have now been installed on some marked (photo) and unmarked cars...


Florida BUI Lawyer on July 4th Enforcement

Posted on July 04, 2009
Florida BUI Lawyer (Boating Under the Influence ) expects an uptick in enforcement for the July 4th holiday. Operating a vessel while impaired is a criminal offense. Consider a designated boat operator, just as you would in a car. Under Florida boating laws, it is illegal to operate a boat or any type of watercraft while under the influence or impaired by alcohol...


Florida DUI Attorney on Confrontation Clause Win

Posted on July 04, 2009
Florida DUI Attorney notes a huge win for the defense of criminal charges including DUI and BUI. Chemical tests submitted by paperwork are often at the heart of the prosecution's case. The Supreme Court held this week in Melendez-Diaz v. Massachusetts, that a state forensic analyst?s laboratory report certificate created for use in a criminal prosecution violates a defendant's Sixth Amendment


Tampa Street Racers and Spectators Need Lawyer

Posted on July 03, 2009
Tampa Traffic Attorney, Lawyer notes that area cops cracked down on street racers and fans along Fourth Street N. Everyone began a dash for their cars when cops came down the I-275 interstate ramp. Cops blocked off the street to prevent escaping to I-275 or Gandy Blvd...


Tampa DUI to Videotape or Not to Videotape

Posted on July 01, 2009
Not all Tampa DUI stops are videotaped. However where there is a Violation of mandatory videotaping policy, one court ruled that dismissal of a DUI charge was appropriate where the cops failed to adhere to mandatory videotaping policy. An appeals court ruled that where the court records showed that the deputy had previously stated that he ''chose not to'' record certain traffic stops and if the


Tampa DUI Lawyer on Sleeping Driver Arrest

Posted on July 01, 2009
Tampa DUI Lawyer notes one recent ruling where an Officer arrested someone that was asleep in a car in restaurant drive-through lane. The cop opened the vehicle door and placed the vehicle in park. The judge ruled that the arresting DUI officer did not have founded suspicion that defendant had committed, was committing, or was about to commit crime or traffic infraction...


New Port Richey Florida - DUI Checkpoint

Posted on June 25, 2009
Pasco DUI Defense Attorney notes that in New Port Richey, Florida you may consider a designated driver. New Port Richey Police Department (NPRPD) Pasco County Sheriff's Office (PCSO) officers and deputies will be operating a DUI checkpoint. We havent seen the checkpoint plan, but one media outlet has reported that the stops will be random...


Florida Boating Under Influence Crackdown

Posted on June 22, 2009
Tampa BUI Attorney notes that Authorities have announced a Florida Boating Under Influence Crackdown. Known as Operation Dry Water - will seek out impaired boaters. Under Florida BUI law: Penalties for operating a boat while impaired can be:$500 Fine and 6 months Jail for a first conviction...


Florida DUI Arrest Contest Winners

Posted on June 19, 2009
Before you believe that officers do not have an incentive to arrest for Florida DUI in the Tampa Bay area - DUI Attorney W.F. ''Casey'' Ebsary, Jr. noted there was a recent DUI Award Banquet Honoring Florida Highway Patrol Officers with Over 100 DUI Arrests, according to MADD http://www...


Tampa DUI Attorney Chosen for 2009 Super Lawyers

Posted on June 14, 2009
Tampa DUI Attorney, Lawyer W.F. "Casey" Ebsary, Jr., was again selected for the Florida Super Lawyers list for 2009. Only five (5%) percent of Florida lawyers were named to the list. Casey was selected through an extensive process of peer nominations, a blue ribbon panel review and independent research...


Tampa Criminal Defense Attorneys and Lawyers

Posted on June 11, 2009
Tampa Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr. is Board Certified and AV Rated. Casey can be reached Toll Free at 1-877-793-9290. Casey is a defense attorney ready to help with charges including DUI, white collar criminal defense, computer crime, and criminal charges arising out of the Internet...


Hernando County Florida DUI Wolfpack

Posted on June 10, 2009
A Hernando County DUI ''wolf pack'' was called ''very successful'' according to recent media reports. There were 19 arrests. 24 officers with the FHP (Florida Highway Patrol) teamed up with the HCSO (Hernando County Sheriff's Office) and local police...


St Petersburg DUI Checkpoint

Posted on May 09, 2009
St Petersburg set up a DUI checkpoint on Friday night. Location: 5800 block of 4th Street N. from 10 p.m. Friday until 3 a.m. Saturday. Florida DUI laws presume a driver legally impaired when they're found to be driving with a BAC blood-alcohol level of 0...


Florida Law Review Intoxilyzer Discussed

Posted on May 02, 2009
The January 2009, University of Florida Law Review has an extremely detailed discussion of the Intoxilyzer in Florida DUI cases. The article notes, "Breath testing machines, however, often malfunction, leading to incorrectly high blood alcohol readings, sample volume irregularities, and unexplained readings...


Hillsborough County Florida DUI Patrol Schedule Online

Posted on April 25, 2009
Hillsborough County DUI Attorney has found an online resource that posts the (HCSO) Hillsborough County Sheriff's Office Patrol Schedule HCSO.For example the schedule indicated that last night, Friday, April 24th, 2009, there was a Check Point & Saturation patrol from 2200 hrs...


Pinellas DUI Checkpoint Invalid

Posted on April 23, 2009
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 support the conclusion reached...


1-800-DUI-GUYS - Who Are The DUI Guys?

Posted on April 22, 2009
1-800-DUI-GUYSWho Are The DUI Guys?


DUI Florida Vehicle Forfeited - $17,000

Posted on April 17, 2009
Appeals court rules (in a case where W.F. ''Casey'' Ebsary, Jr. was not attorney of record) that forfeiture of vehicle following conviction for felony driving under influence DUI / DWI constituted a punishment. The court found that the loss of the defendant's vehicle was subject to a proportionality analysis...


Florida DUI Checkpoint Manual - Download

Posted on April 17, 2009
The Florida Highway Patrol DUI Squad has a manual to set standards for legal DUI checkpoints. The 14 page manual lists the requirements for checkpoints. he manual states it is "To provide guidelines for the use of CRSCs [Comprehensive Roadside Safety Checkpoints] as part of a continuing, systematic and assertive enforcement program to identify persons who are operating a motor vehicle with


Palm Harbor DUI - Oops

Posted on April 16, 2009
In a Palm Harbor, Florida DUI allegation, a suspect crashed into a Pinellas County Sheriff's cruiser according to the St. Petersburg Times in Florida.According to the reports, the suspect was northbound on U.S. 19 when he rolled up on a Deputy who was stopped at a red light, he hit the back of the cruiser...


Seven Charged at Pinellas County DUI Checkpoint - Wolfpack

Posted on April 08, 2009
PINELLAS COUNTY DUI - According to Bay News 9, The Florida Highway Patrol charged seven drivers were charged with DUI during a recent operation. Other drivers received citations or arrests. The checkpoint was located on U.S. Highway 19 at Mainlands Boulevard...


Pinellas DUI Cops and False Reports

Posted on March 17, 2009
Pinellas DUI Attorney found that two Pinellas County deputies were suspended after making a false arrest report, according to an internal affairs investigation and the St Pete Times.The DUI cops conducted a traffic stop that resulted in a DUI charge and a window tint infraction...


Florida DUI Mobile Jails

Posted on March 11, 2009
Pasco DUI Attorney noted recent reports of mobile DUI holding cells inside a new mobile "drunk tank" , according to the St Pete Times. A 46-foot trailer will be used by the Pasco County Sheriff's Office at DUI checkpoints. The mobile unit contains an Intoxilyzer 8000 machine...


152 Arrested in Tampa Celebration - Defense Attorney Needed

Posted on February 09, 2009
According to Tampa local media and the St Pete Times, there were 152 people arrested during Gasparilla. Tampa Criminal Defense Attorney notes that Tampa Bay authorities arrested 152 people at Gasparilla. there were two felony arrests and 73 misdemeanors, 4 BUI (boating under the influence), 57 were nabbed for possession of alcohol by a minor...


DUI Florida Checkpoints Invalid

Posted on January 27, 2009
More DUI cases are being thrown out, this time because of a bad DUI checkpoint. According to the Court Order, proper guidelines were not followed at the Sheriff's Office checkpoint. The sheriff's office was to stop every 6th car when there are traffic backups or safety concerns However, they stopped every 20th car, violating the previously-approved DUI Checkpoint mission plan...


Judge Cites Intoxilizer Software Errors - Florida DUI Cases Use I 8000

Posted on January 12, 2009
A Judge listed evidence that shows the Intoxilyzer 8000 sometimes produced test results "out of tolerance when they were actually within tolerance, measurements of 0.000 when alcohol was admittedly consumed (the machine is programmed so that it cannot measure alcohol concentrations less than ...


Florida DUI License Suspension Overturned

Posted on January 04, 2009
Florida Administrative DUI License Suspension Overturned because There was no evidence presented below to show that Deputy had reasonable suspicion to detain the Suspect to perform field sobriety exercises. The DHSMV argued that Suspect was not detained by Deputy, the only evidence presented to the hearing officer regarding Suspect's interaction with Deputy showed that a detention occurred.


Florida DUI Prior Convictions Enhance Felony DUI

Posted on December 31, 2008
Florida Supreme Court in a rare DUI ruling held that Article I, section 16 of Florida Constitution, prevents state from using uncounseled misdemeanor convictions to enhance defendant's later misdemeanor to a felony, unless defendant validly waived right to counsel...


Tampa Florida Criminal Defense Attorney on License Suspensions

Posted on December 16, 2008
Tampa Florida Criminal Defense Attorney / Lawyer summarizes the Effect of Convictions/Court Orders on Driving Privileges in Florida Possession or sale of, trafficking in, or conspiracy to possess, sell or traffic in a controlled substance - Revocation for 2 years or until the person is evaluated for, and if necessary, completes a drug treatment program - Florida Statute 322...


Tampa DUI Breath Machine Maintenance

Posted on November 25, 2008
Tampa DUI Lawyer W.F. Casey Ebsary, Jr. reports that a court recently found that inspection and maintenance of the Intoxilyzer 8000 breath testing machine, specifically replacement of the dry gas regulator was not maintenance but in fact constitutes a repair...


DUI Tampa Attorney - Checklist Checkpoints

Posted on October 28, 2008
Tampa DUI Attorney reports that a recent decision to deny motion to suppress evidence obtained during stop of defendant's vehicle at a sobriety checkpoint was an error. Court found where state did not show that the checkpoint met legal requirements to pass constitutional standards - case would be thrown out...



Florida Lifetime DUI Suspension

Posted on July 03, 2008
Florida Supreme Court Rules that the Amendment to section 322.271(4), Florida Statutes, that eliminated hardship driver's licenses effective July 1, 2003, did not violate the prohibition against ex post facto laws. Even for persons who could have applied for hardship license before the amendment became effective...


Tampa Defense Attorney Answers Questions on DUI

Posted on June 28, 2008
Here are a few frequently asked questions by people who are concerned about recent DUI charges: How do I save my license? Were you arrested within the last 10 days? Then you can apply for an administrative hearing and get a 30 - 45 day permit. Will my car have an interlock? Second DUI - Yes...


Tampa DUI Attorney - Another Satisfied Client

Posted on June 27, 2008
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Hillsborough Criminal Defense Attorney Pay Fines Penalties

Posted on June 26, 2008
Hillsborough County Criminal Defense Attorney W.F. ''Casey'' Ebsary, Jr. reports that there is a new program for people to pay court imposed fines from the Hillsborough County Clerk of Court. In C-Pay You are given 30 days from the offense date to pay your fine...


Florida DUI Penalties Update

Posted on June 22, 2008
Tampa DUI Attorney reports that as of July 1, 2008 fines for a conviction of driving or boating under the influence are now: first offense $500 to $1,000; second offense $1,000 to $2,000; third offense $2,000 to $5,000; and fourth offense $2,000. As of July 1, 2008 DUI conviction where the breath alcohol level exceeds the level for enhanced penalties, fines are now: first offense $1,000 to


Clearwater DUI Attorney - Lawyer Reports on Clearwater Police Department DUI Unit

Posted on June 22, 2008
Clearwater DUI Attorney reports that the Clearwater Police Department D.U.I. Team is using "slick top", video-equipped, mostly Ford Crown Victoria, marked police cruisers. The cars have no visible overhead emergency lights. The police primarily patrol high volume roads throughout the city for aggressive and impaired drivers...


DUI and HGN Case Overturned Florida Attorney Lawyer

Posted on June 02, 2008
Court ruled it was error for arresting officer to give opinion testimony about Horizontal Gaze Nystagmus HGN test results. Appeals court ruled that testimony about HGN test required a qualified expert witness. The Court decided that the Prosecutor made the HGN a feature of its opening statement and closing argument, the Prosecutor did not prove defendant's blood alcohol level or offer any other


Florida DUI Video Version 2 - Questions to Ask When Charged with DUI

Posted on May 31, 2008
Florida DUI Attorney W F Casey Ebsary Jr Criminal Trial Lawyer outlines questions to ask when charged with a DUI. Video Courtesy of http://DUIFla.com


Florida DUI Field Sobriety Tests Valid?

Posted on May 28, 2008
Prosecutors dropped a DUI charge against a man afflicted with muscular dystrophy after the man's chemical urine test came back negative for any illegal substances. There ought to be some training in place so not everyone who suffers from a disability gets arrested for DUI...


Rated 10 Out of 10 by Avvo.com

Posted on May 12, 2008
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Top Five Percent - Another Award

Posted on May 03, 2008
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Florida DUI Breath Test Affidavit Inadmissible

Posted on May 03, 2008
The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U...


Florida DUI Checkpoint Alert

Posted on April 16, 2008
Florida DUI Lawyer notes that the Manatee County Sheriff's Office and other agencies will be conducting a DUI checkpoint this weekend on a major roadway in southern Manatee County. The checkpoint will be in effect from 10:30 p.m. Friday to 4 a.m. Saturday...


DUI Cannot Be Used to Enhance Federal Sentence

Posted on April 16, 2008
Florida DUI lawyer reports that a lengthy federal sentence was overturned. The Act 18 U. S. C. section 924(e)(1), defined ''violent felony'' as, a crime punishable by more than one year's imprisonment that ''is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another...


Florida DUI 100 Arrest Contest Winners

Posted on April 10, 2008
The following officers won the DUI arresting championship for 2007 . The losers were the poor citizens who made up the pawns in this cruel game. MADD, a Political Action Committee who lobbies for ever more draconian criminal laws, gave free trips to the award ceremonies to Florida Highway Patrol Trooper Terry Goswick, assigned to Troop C in the Tampa area, the arresting machine won the


DUI Florida - New Trial Required Manslaughter

Posted on April 02, 2008
Florida DUI Attorney reports the Court ruled that a DUI Jury Instruction was inaccurate and misleading. The jury was instructed that the state was required to prove that defendant, while driving or while in actual physical control of vehicle, had blood alcohol level of ...


Florida Drug Law Website

Posted on March 29, 2008
Tampa DUI Attorney, W. F. Casey Ebsary, Jr., has gone live with a new resource for people seeking information about Drug Laws in Florida State and Federal Courts. The new website is Drug2Go.com will focus on Tampa / Hillsborough / Florida marijuana, cocaine, hydrocodone, oxycontin laws, lawyers, and attorneys...


Florida DUI Attorney - 2008 Super Lawyer

Posted on March 29, 2008
Tampa DUI Attorney, W.F. Casey Ebsary Jr., has been selected as a Super Lawyer for the second time. The nomination process creates a credible, comprehensive and diverse listing of outstanding attorneys that is a resource to assist attorneys and consumers in the search for legal counsel...


Tampa DUI Attorney Blocks MADD Judge From Hearing Case

Posted on March 22, 2008
A Tampa DUI Attorney, According to the St Pete Times, got a Judge judge off a Tampa DUI defendant's case because Mothers Against Drunk Driving MADD was on a Judge's webpage . Experts said the request raised a legitimate concern about judges' off-duty activities...


DUI Tampa Satisfied Client

Posted on March 22, 2008
Tom in Tampa says: "I work in sales and drive over 40,000 miles a year. I returned home from my night in the Hillsborough county jail and thought my career was over. I had no idea what to do until I called Casey and the first thing he told me was that I had options...



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