Boating

Reckless or Careless Operation of a Vessel in Florida

Exploring the Legal Case of State of Florida v. IET

Introduction

In the realm of criminal law, reckless or careless operation of a vessel cases often present intriguing legal challenges that test the boundaries of statutes and legal principles. The case of State of Florida v. IET is one such instance. This blog post will delve into the details of this case, shedding light on the legal complexities and the ultimate judgment.

Delve into the legal complexities of the case State of Florida v. IET, where allegations of reckless vessel operation resulted in a violation of navigational rules. Explore the judgment and the critical role of evidence in this compelling criminal case.
Delve into the legal complexities of the case State of Florida v. IET, where allegations of reckless vessel operation resulted in a violation of navigational rules. Explore the judgment and the critical role of evidence in this compelling criminal case.

Background

The case of State of Florida v. IET revolves around allegations of reckless or careless operation of a vessel, resulting in a violation of navigational rules that led to serious bodily injury. The defendant, IET , was accused of failing to maintain a proper lookout while operating a vessel, a violation of Florida Statute § 327.33(3)(a). This statute pertains to the responsibilities of vessel operators to ensure safety on the water, specifically emphasizing the necessity of maintaining a proper lookout, as stipulated in Navigational Rule 5 (33 C.F.R. § 83.05).

The incident in question involved a collision between a vessel and a swimmer, resulting in severe bodily harm to the swimmer. The state alleged that IET ‘s failure to maintain a proper lookout was the cause of the accident. As the case unfolded, the defendant’s legal team, led by attorney NLS, Miami, moved for a judgment of acquittal under Fla. R. Crim. P. 3.380. They challenged the sufficiency of evidence presented by the state regarding Tauber’s alleged offense.





Legal Analysis

A motion for judgment of acquittal, as per Fla. R. Crim. P. 3.380(a), is intended to challenge the legal sufficiency of the evidence. It should only be granted if, when viewed in the light most favorable to the state, the evidence does not establish a prima facie case of guilt. In this case, the state had to prove several elements for a conviction:

  1. The defendant operated a vessel in the state’s waters.
  2. The defendant violated Navigational Rule 5 by failing to maintain a proper lookout.
  3. The violation resulted in an accident.
  4. The accident caused serious bodily injury.

Crucially, the evidence presented by the state fell short of establishing the necessary elements for a conviction beyond a reasonable doubt. While the state successfully demonstrated the occurrence of a collision resulting in serious bodily injury to the swimmer, it failed to provide direct evidence identifying Tauber as the operator of the vessel at the time of the accident. Furthermore, there was a lack of evidence regarding who was on the bridge of the vessel and responsible for acting as a lookout.

The absence of specific evidence linking Tauber to the operation of the vessel at the time of the accident raised reasonable doubt about his culpability. The state’s argument that the accident itself was evidence of a failure to maintain a proper lookout was deemed insufficient by the court.

Judgment

In light of the evidentiary gaps and the failure of the state to prove each element of the offense beyond a reasonable doubt, the court ruled in favor of the defendant. IET was granted a judgment of acquittal on the charge brought against him, as specified in Florida Statute § 327.33(3)(a).

Conclusion

State of Florida v. IET  serves as a compelling example of the importance of the burden of proof in criminal cases. To secure a conviction, the state must present compelling evidence that establishes guilt beyond a reasonable doubt for every element of the offense. In this case, the state’s failure to provide direct evidence of the defendant’s role in the vessel operation and his alleged failure to maintain a proper lookout led to the judgment of acquittal. It underscores the critical role of due process and the principle that a defendant is considered innocent until proven guilty in a court of law.

Complete Ruling of the Court on Reckless Operation of a Vessel

STATE OF FLORIDA, Plaintiff, v. IRWIN ELLIOT TAUBER, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Criminal Division_

 

1st Time DUI, 2nd Time DUI Or More

What to Do After a DUI Arrest in Hillsborough County, Florida

Seeking Legal Help After a DUI Arrest in Hillsborough County

What happens to me after a DUI arrest?

If you’ve found yourself facing a DUI arrest in Hillsborough County, Florida, you’re likely feeling overwhelmed and unsure of your next steps. In such a challenging situation, it’s crucial to seek expert legal guidance to navigate the complex legal process that follows. One of the most experienced DUI attorneys in the region, W.F. ‘Casey’ Ebsary Jr., is here to help you every step of the way.

If you’ve been caught for driving after drinking alcohol in Hillsborough County, Florida, it can be a really confusing and scary experience. At times like this, it’s super important to get help from a really smart legal expert who knows the rules and can guide you through the complicated legal stuff.

In Hillsborough County, the place where you live, the rules about this are quite tricky, and it’s easy to make mistakes. That’s why it’s a big deal to have someone who’s really good at this kind of law on your side. One of these experts is W.F. ‘Casey’ Ebsary Jr., and he’s one of the best around.

Casey isn’t just a regular lawyer; he’s a special kind of lawyer who is really good at helping people who got into trouble for drinking and driving. He’s been doing this for a long time and knows a lot about the rules in Florida, especially for people who drive after drinking alcohol.

When Casey helps you, it’s like having a friendly guide to show you the way through all the complicated rules and make sure you don’t get into more trouble. He’s here to help you and make sure things turn out as good as possible for you.

You don’t have to go through this tough time all alone. Casey and his team are ready to help you, and with their help, you can move forward with confidence, knowing that they will protect your rights and help you have a better future.

Why Choose W.F. ‘Casey’ Ebsary Jr.?

The first and most vital action you can take is to reach out to DUI Attorney W.F. ‘Casey’ Ebsary Jr. for a free telephone consultation. You can contact him at (813) 222-2220. By hiring Casey Ebsary, you’ll not only secure expert legal representation but also gain access to a dedicated team ready to defend your rights vigorously.


When confronted with a DUI arrest in Hillsborough County, Florida, individuals often find themselves grappling with a whirlwind of emotions – fear, uncertainty, and anxiety. This daunting experience can be especially overwhelming, given the complexities and potential consequences that lie ahead. In such a critical juncture, the importance of seeking professional legal guidance cannot be overstated.

Hillsborough County, with its intricate legal landscape, mandates that individuals facing DUI charges have a knowledgeable ally by their side. Fortunately, one of the most seasoned and accomplished DUI attorneys in the region, W.F. ‘Casey’ Ebsary Jr., is available to provide invaluable assistance and support throughout the entire legal process.

Casey Ebsary brings not only a wealth of legal expertise but also a deep understanding of the specific legal intricacies in Florida, especially those pertaining to DUI cases. His extensive experience and unwavering commitment to defending his clients’ rights make him a trusted figure in the field.

With Casey by your side, you can expect personalized guidance tailored to your unique circumstances. He recognizes the multifaceted challenges you face and works diligently to navigate the legal labyrinth on your behalf. Casey’s goal is to alleviate your burden and guide you toward the best possible resolution for your DUI case in Hillsborough County.

In this challenging journey, rest assured that you are not alone. Casey Ebsary and his dedicated team are here to provide the expert legal counsel and unwavering support you need during this difficult time. With their assistance, you can confidently take each step forward, knowing that you have a proven advocate in your corner, ready to protect your rights and advocate for your future.

Regaining Your Driving Privileges

After a DUI arrest, one of your primary concerns may be how to regain your freedom to drive. W.F. ‘Casey’ Ebsary Jr. recognizes the importance of this issue and will make it a top priority in your defense strategy. To achieve this, the first step is to navigate the intricate rules outlined in Florida’s Administrative Code and the Florida Statutes.

After you get in trouble for driving after drinking too much, one of the big worries you might have is how to be allowed to drive again. W.F. ‘Casey’ Ebsary Jr. knows that this is super important, and he’ll work really hard to help you with this. It’s one of the first things he’ll focus on when he’s helping you with your problem.

To make this happen, the first thing he’ll do is figure out the complicated rules written in something called the Florida Administrative Code and the Florida Statutes. These are like rule books that tell everyone how things should work when it comes to driving and drinking too much. Casey will study these rules really carefully to find a way to help you get back on the road.

Casey is like a friendly guide who knows all the twists and turns in these rules. He will personally help you through all the steps to make sure you can drive again as soon as possible. You can feel safe knowing that he’s done this many times before and is really good at it.

So, if you’re worried about how to drive again after a DUI arrest, Casey Ebsary is the person you want by your side. He will do his best to make sure you’re back behind the wheel as soon as it’s safe.

‘Casey’ will personally guide you through all the necessary procedures

‘Casey’ will personally guide you through all the necessary procedures to expedite the restoration of your driving privileges. You can relax, knowing that you’re in the capable hands of an attorney who has successfully handled numerous cases similar to yours. Casey’s experience and knowledge of the legal intricacies will ensure that you’re back on the road as soon as possible.

Building a Strong Defense Team and Resolving Your DUI Case

Join Our Team for a Strong Defense

To secure your best possible outcome after a DUI arrest in Hillsborough County, Florida, you need an experienced and dedicated attorney by your side. W.F. ‘Casey’ Ebsary Jr. and his legal team are ready to fight for your rights and provide the guidance you need during this challenging time.

Don’t hesitate to seek the help you deserve. Contact W.F. ‘Casey’ Ebsary Jr. today at (813) 222-2220 to schedule a free telephone consultation. By joining our team, you’re taking a significant step toward protecting your future and securing the best possible resolution for your DUI case in Hillsborough County.

Feel free to reach out to us – you deserve the help you need! Contact W.F. ‘Casey’ Ebsary Jr. today at (813) 222-2220 to set up a free telephone consultation. By becoming a part of our team, you’re making a big move towards safeguarding your future and securing the best possible solution for your DUI case in Hillsborough County. Don’t wait; call us now!
 

1st Time DUI, DUI While Visiting Florida

Avoiding a Criminal Record for DUI with RIDR Program

Avoiding a Criminal Record for DUI with RIDR Program

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