Month: April 2018

DUI While Visiting Florida, Expert Attorney WF Casey Ebsary Jr, Tampa

Tampa DUI Bars and Restaurants – Map of Hot Spots

W F Casey Ebsary Jr

Dine, Dance, and Detained: How to Avoid DUI Charges – Tips From a Tampa DUI Attorney

Hyde Park DUI Lawyer Which Bars are Cops Watching?
Dine, Dance, and Detain

DUI attorneys in Tampa know there are certain locations generally and several bars, specifically that generate much of the DUI traffic stop action for law enforcement agencies. Police are tracking where drivers who have been arrested reported having their last drink. Unfortunately, for the bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers. Not surprisingly, in general, the neighborhoods close to the Tampa Police Department headquarters are hot spots for DUI arrests. Hyde Park and Ybor City are frequent entries on incident reports according to the media. Best advice – make sure to arrange a ride home.

“Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.”

Video of a driving under the influence traffic law enforcement officer from court proceedings at the Hillsborough County Courthouse told drivers what many already knew – cops watch bar parking lots. Now drivers and visitors know which geographic areas and which bars are most likely to have officers waiting to issue DUIs.

Avoiding DUIs in Tampa from WF Casey Ebsary Jr 813.222.2220

Tampa DUI AttorneyMap DUI Arrests
Map of DUI Arrest Locations in Tampa, Florida

“The last-drink survey system does have some flaws, Morgan admitted.” Some of the people with DUI charges were drinking at a private residence or refuse to answer deputies’ questions.
TBO.com

The Town N’ Country area located just west of Tampa International Airport is one of the Tampa DUI hot spots. The roads near the airport are confusing and with so much construction. The signage is unfamiliar and is not always clear. The basis for some of these traffic stops is improper lane changes. Visitors are the frequent victim of DUI patrol officers in this section of Hillsborough County, Florida.
Another Tampa DUI hot spot, the Hyde Park neighborhood has several streets that are one-way only. Officers wait for moving violations like not coming to a complete stop, going the wrong way on a one way or weaving to investigate the potential DUI.


5 Bars in Hillsborough County

“Bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers.”
  • MacDinton’s 405 South Howard Avenue, Tampa, FL 33606
  • The Kennedy 2408 West Kennedy Boulevard, Tampa, FL 33609
  • Peabody’s 15333 Amberly Drive, Tampa, FL 33647
  • G Bar/Fusion 1401 East 7th Avenue, Tampa, FL 33605
  • Liquid 1502 East 7th Avenue, Tampa, FL 33605

Source: http://tbo.com/news/crime/where-did-dui-drivers-have-their-last-drink-hillsborough-deputies-know-20141121/

How to avoid a DUI in Tampa Florida

10 Tampa Bars in 2013

 

“Police officer candidly admits the obvious – cops sit in bar parking lots.”

The most frequently reported last drink taken occurs at some of the places listed below. Cops ask people they have arrested:
Where have they been?
How much they drank?  and
Where were they going?
Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.

Where to go to Increase the Odds of a DUI Arrest 

 
“Next time you visit some of the area’s more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.’ TBO.com

1-MacDinton’s
2- The Kennedy
3- Hyde Park Cafe
4- Seminole Hard Rock Casino
5- Peabody’s
6- The Lodge
7- Blue Martini
8- CDB Pizza
9- The Drynk
10- Gaspar’s Grotto

 

Source: http://tbo.com/news/crime/where-did-dui-drivers-have-their-last-drink-hillsborough-deputies-know-20141121/

How to avoid a DUI
Link to Interactive Map: https://www.google.com/maps/d/edit?mid=zWwaTmFIBMis.k6pwIUV3dnNM
1st Time DUI, 2nd Time DUI Or More

Story of a Typical Tampa DUI Traffic Stop

W F Casey Ebsary Jr

The Story of a Typical DWI / DUI Traffic Stop

Story of a Typical Florida DUI Traffic Stop

Imagine a visit to the Tampa Bay area, on a Florida vacation. There is a dui traffic stop or a minor accident and the cop smells alcohol and asks you to step from the car. The cop often innocently asks if the driver needs directions. More questioning will follow as to where you came from and where you were going. A series of “tests” designed to be recorded and to make drivers look at the very least silly usually follows.

 

 

To Jump ahead Choose One of These Topics

What happens to me after a DUI arrest?

How do I get out of jail after a DUI Arrest?

What happened to my car?

How do I get my Driver’s License back after a DUI charge?

How do I get a copy of the Police Reports?

What happens to me after a DUI arrest?

What happens to me after a DUI arrest?

Failure of Roadside “Tests”

Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.

Loss of Privilege

If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.

Recording of “Test”

Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.

DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests.
Under Florida public records law, the media can obtain copies of all reports, including this video.

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How do I get out of jail for a DUI Arrest?

How Do I Get Out of Jail After a DUI Arrest?

If the result is over .08, then the jail is required to hold the driver until a second breath test is less than .08. This is true even though bond has been posted. Upon release from jail, drivers wonder, what happened to my car? Cops usually will rummage through the vehicle seeking cash, contraband (usually drugs or weapons or open containers of alcoholic beverages). A tow truck is generally called to the scene and the vehicle is impounded.

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

What happened to my car?

What Happened To My Car After My DUI Arrest?

Getting the vehicle back can be quite a challenge. Once you figure out who took your car and where it went, these operators require a photo ID. This is tough since the cops took your license in their efforts to suspend your license.

You must confront the scientific evidence from the breath test and/or the blood tests. Damaging evidence against you may include the breath test, the blood tests, officer’s testimony, and Standard Field Sobriety tests.

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How do I get my Driver’s License back?

How do I get my Driver's License back after a DUI arrest?

Business Purposes License

If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.

Hardship License

Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.

Standards For Suspension

The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.

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How Do I Get a Copy of My DUI Arrest Police Reports?

How Do I Get a Copy of the Police Reports of My DUI Arrest?

A competent DUI Defense Attorney can file proper legal requests meeting all deadlines. These force the state to provide all information they intend to use against the driver. Some Florida DUI Lawyers have knowledge of the highly technical issues covered in this article and can establish your defense against DUI charges. In Florida, DUI is a serious charge. A conviction usually results in a nearly permanent entry on your driving record, even if you do not have a Florida driver’s license. You cannot seal or expunge the record of this conviction to prevent others from uncovering this event in your life. You need a serious defense. A Board Certified Criminal Trial Lawyer in the Tampa Bay Florida area, can be your attorney and defend you against drunk driving charges and other traffic offenses. A DUI / DWI lawyer to defend against this charge is available right now. Please call 813-222-2220.

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1st Time DUI, 2nd Time DUI Or More, Expert Attorney WF Casey Ebsary Jr, Save My License

Florida DUI Hearings | Bureau of Administrative Reviews

W F Casey Ebsary Jr

The State Of Florida Department Of Highway Safety And Motor Vehicles

Bureau Of Administrative Reviews

Bureau of Administrative Reviews, DHSMV, fl dui administrative hearing, Florida DUI Hearings

Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479

CAUTION: Special Option DUI Hearings for First Time DUI Cases

First, this DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605 holds many DUI Hearings.

Detailed Information Request For Eligibility Review – Business Purposes Only

Now, DUI Defendants have another confusing decision to make. The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews allows a Request For Eligibility Review. Furthermore, the program has a few drawbacks.
While requesting this a driver may stay on the road for business purposes only. As a result, selecting this strategy results in a DUI Suspension that cannot be avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Using this form (HSMV 72034) the DUI Suspension can be limited, but not avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Business Purposes Only, Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews, Bureau Of Administrative Reviews, DUI Suspension, HSMV 72034, 322.271, 322.2615(1), 322.21(9)(a), Driving with an Unlawful Breath-Alcohol, DUBAL , Refusal to Submit to a Breath, Blood or Urine Test, Refusal, dui refusal,
DUI Request For Eligibility Review Business Purposes Only

Nevertheless, you or your lawyers can request a review of your record for the purpose of reviewing and determining eligibility for immediate reinstatement of your driving privilege on a restricted basis as provided in section 322.2615(1)(b)3, Florida Statutes.

DUI Formal Review Hearings in Tampa, FL: Understanding Your Rights

If you’ve recently been arrested for DUI in Tampa, Florida, it’s crucial to be aware of the administrative suspension of your driver’s license. You have a limited window of 10 days after the arrest to request a formal review hearing to contest this suspension. The specific regulations governing this process are outlined in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code.

The administrative suspension is triggered by a DUI arrest involving either a refusal to take a breath test or a recorded breath test reading above .08. Engaging an experienced DUI attorney at this stage is essential due to the intricacies involved in challenging the administrative suspension of a Florida driver’s license.

Our firm is well-versed in effective strategies for conducting formal review hearings in Florida, aiming to contest administrative suspensions successfully. Winning this hearing is a pivotal step in safeguarding your driving record and shielding yourself from the repercussions associated with being deemed to have driven under the influence of alcohol or drugs, even if you later avoid a DUI conviction in the criminal case.

Let us help you 813.222.2220

 

Business Purposes Only Restrictions

The driver must understand the restriction is for Business Purposes Only as defined in section 322.271, Florida Statutes and the driver must pay a $25.00 filing fee for this review,  pursuant to section 322.21(9)(a). The driver must also pay a reinstatement fee of around $200.00 to get the restricted license.
The driver must understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes. First driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level has 6 months suspension. Then Refusal to Submit to a Breath, Blood or Urine Test has 1-year suspension.
Reinstatement of the driving privilege uses statutory eligibility requirements. These include enrollment in DUI School. A driver must also understand that acceptance of the reinstated driving privilege as provided in section 322.271(7) Florida Statutes, is deemed a waiver of my right to formal and informal review under section 322.2615, Florida  Statutes.
The Form, HSMV 72034 (0512013)  is available by email upon request from our office.

Why is the Administrative Hearing Important?

Successfully navigating the formal review hearing process offers several benefits under Florida law:

Temporary Business Purpose Only (BPO) License: Requesting a formal review hearing provides an opportunity to obtain a 42-day BPO license (commonly known as a hardship license), allowing you to continue driving for business purposes while your attorney challenges the administrative suspension.

Non-appearance of Witnesses: If the arresting officer or breath test operator fails to appear after being served with a subpoena, you automatically win the administrative hearing.

Subpoena Power: You can subpoena witnesses, and if they fail to appear, you can secure an extended driving permit while your attorney enforces the subpoena against them.

Insufficient Evidence: If there is inadequate evidence to support the necessary showing required to uphold the suspension, you may win the hearing.

Invalidation of Suspension: Winning the hearing results in the invalidation of the administrative suspension, nullifying the actions taken by the arresting officer at the arrest scene.

Early Defense Exploration: Even if you lose the hearing, your attorney can subpoena witnesses, inspect calibration records, and explore crucial defenses early in your case.

Additionally, questioning officers or civilian witnesses during the hearing allows your attorney to lock them into their testimony, providing an opportunity to exploit inconsistent statements or disprove certain versions of events early in the case.

Let us help you 813.222.2220

 

Issues at the DUI Formal Review Hearing

During the formal review hearing, the Florida DHSMV hearing officer will assess the evidence presented to determine, by a preponderance, if there is sufficient cause to uphold, modify, or annul the suspension of the driver’s license according to Florida Statutes Section 322.2615.

Key matters to be decided in the DUI formal review hearing when the driver is accused of exceeding the legal limit include:

  • Whether the DUI officer had reasonable grounds to believe that the individual was operating or in control of a vehicle in the State of Florida while under the influence of alcohol or controlled substances.
  • Whether the individual had an unlawful blood-alcohol level or breath alcohol level (BAL) of .08 or higher, as specified in Florida Statute 316.193.
  • For cases where the driver is accused of refusing a breath or urine test, the following issues will be considered:
  • Whether law enforcement had reasonable cause to believe the individual was driving or in control of a motor vehicle in the State of Florida under the influence of alcohol or a controlled substance.
  • Whether the individual declined to undergo a urine or a test measuring breath or blood alcohol level after being asked by a law enforcement officer.
  • Whether the individual was informed that refusing a test would result in a one-year suspension of their privilege to operate a motor vehicle, or in the case of a subsequent refusal, an eighteen-month suspension.
  • Additionally, the hearing officer must address whether the refusal to take a breath test occurred in connection with a lawful arrest.

Bureau of Administrative Reviews Office Locations

Tampa DUI Defense Attorney W.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service. It is also useful for those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. Therefore, the Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews DHSMV are listed below. The hearing is usually requested on a special form, with required documentation,  and a filing fee. Especially relevant, failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.
Before deciding to waive your right to challenge a suspension, carefully consider what a waiver of your rights means. Most noteworthy, we request and handle these hearings for our Driving Under the Influence clients.

33311-0000(954) 714-3552

Bureau of Administrative Reviews Office Locations
City Address Zip Code Phone Number
Clearwater 4585 – 140th Avenue, North, 1002 33762-0000 (727) 507-4405
Daytona Beach 995 Orange Avenue 32114-4663 (386) 254-3912
Ft. Myers 4048 Evans Avenue, #305 33901-0000 (239) 278-7421
Ft. Pierce 3223 S. Federal Highway, Suite #8 34982-8105 (772) 460-3660
Ft. Walton Beach 115-A Northwest Racetrack Road 32547-1644 (850) 833-9716
Gainesville 2815 NW 13th Street, Suite 302 32609-2861 (352) 955-2030
Jacksonville 7439 Wilson Blvd. 32210-3597 (904) 777-2132
Lauderdale Lakes 3708 W. Oakland Park Blvd.
Miami 2515 West Flagler Street 33135-1422 (305) 643-7569
Orlando 4101 Clacona Ocoee Road, Suite #152 32810-4221 (407) 445-5581
Palm Bay 2325 S. Babcock St., Suite B 32901-7121 (321) 984-4810
Panama
City		 237 West 15th Street – Lincoln Center 32401-0000 (850) 872-7747
Pensacola 7282 Plantation Road, Suite #406 32504-6331 (850) 494-5728
Tallahassee 504-A Capital Cr. S. E. 32301-3817 (850) 487-2788
Tampa 2814 E. Hillsborough Ave. 33610-4479 (813) 276-5795
West Palm Beach 1299 West Lantana Road 33462 (561) 540-1191
Winter Springs 290 East SR 434 32708-0000 (407) 327-6678

Let us help you 813.222.2220

 

Florida Hearing Office in Hillsborough County, Florida.

Map thumbnail for this location
State of Florida: Driver Licenses Office
2814 East Hillsborough Avenue, Tampa, FL, United States