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Criminal Law

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.

Post Frequency: 0.5/day

Last Entry: March 19, 2010 at 00:29:00

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...

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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...

DUI- Florida - Intoxilyzer 8000 (tm) Breath Test Machine

Posted on July 31, 2008

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...

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