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Tampa DUI Lawyer To Challenge License Suspension | DUI Attorney W.F. “Casey” Ebsary Jr.

How can I get my driver’s license back?

Keep Your License, Impress Your Friends
Keep Your License, Impress Your Friends

DUI Tampa Attorney, Casey Ebsary can guide you through the process of getting your driver’s license back. First, you must properly challenge the suspension of your driver’s license. Next, if the driver wins the hearing, then you get your full driving privilege. Sometimes, while the challenge to the suspension is in progress, a driver can get a 42-day restricted business license. However, if you lose the hearing, there will be a hard suspension. During a hard suspension, you cannot drive for any reason. The length of the hard suspension is dependent on the driver’s prior record. With no prior DUI charges then the “otherwise eligible” driver can waive any challenge of the license suspension. Without challenging the license suspension the driver can obtain a business purposes only restricted driver’s license.

Read more about the reinstatement of a driver’s license after a DUI conviction. Then read the exact Florida Department of Highway Safety and Motor Vehicle DUI and Administrative License Suspension Laws here.

Review Department of Highway Safety and Motor Vehicles Forms to get back on the road legally.

Florida Department of Highway Safety and Motor Vehicle DUI and Administrative License Suspension

Have Tampa DUI Attorney Help Get License Reinstated

After, you can also read the precise legal description DHSMV Administrative License Suspension Laws.

Review Department of Highway Safety and Motor Vehicles Forms to get back on the road legally.

Who can get a hardship license (business purposes only or Employment Purposes Only) in Tampa Bay?

Eligible For Hardship Restricted FL License

Florida Statutes 322.271 (1)(c)2 refers to the hardship license or DUI restricted license as a “driving privilege restricted to business purposes only.”

A DUI, a breath result over .o8, or a refusal to submit to a chemical test is cause for driver’s license suspension. A driver with any of these cases may still seek a hardship license. In fact, the driver must have Bureau of Administrative Reviews (BAR) Office hearing to ask for a hardship license. Of course, a hardship license is not automatic. Specifically, the driver and their attorney must work together to get this handled. Then together they must submit a proper request and all the supporting paperwork to the Bureau of Administrative Reviews (BAR). Last, a Hearing Officer reviews the driver’s needs to obtain a hardship license.

There is no guarantee. The hearing officer is kind of like a Judge. Therefore, Hearing Officer may or may not grant the request. Sometimes, they may rule a license is not necessary or the driver may be ineligible. The Clerk of Court and the Driver’s License issuing offices generally do not advise on issues of eligibility for a hardship license. We specifically advise you to contact your lawyer or the Bureau of Administrative Reviews (BAR) for input on eligibility.

How to remove a hardship restriction from a Florida Driver’s License?

Remove Work Permit Only Restriction Off Of Driver's License

DUI Hardship Restrictions automatically expire after a suspension or revocation period is over. Assuming a driver has a valid issued Florida Driver’s license, including the plastic license card, a driver can drive with full privileges and may not be required to get a new plastic drivers license.

And please be careful. Again, driving in violation of your restriction results in an extended suspension on the driving record. It may get the driver arrested, put in jail, require a mandatory court appearance, and cause an additional suspension. If busted, your old license shows an old expiration date but the hardship restriction will not automatically be lifted until the new expiration date (due to the violation of restriction) has passed.

To get a new license issued without the restriction noted on the front of a driver’s plastic license, there are several required pieces of identification to establish identity under the Real ID law. Under the Real ID Act, the driver must produce Identification (ID) in the form of United States Birth Certificate, Proof of any name change(s), United States passport, INS documents, Social Security Card and 2 documents to prove address. There may be an exception if the applicant already has a Real ID Act / Law compliant Florida Driver’s License.

Review Department of Highway Safety and Motor Vehicles Forms to get back on the road legally.

Hire Casey NOW at (813) 222-2220 and rest easy knowing that Casey has been here before and knows how to convince opponents and jurors to do the right thing.

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Can you get a DUI on a lawnmower in Florida? Dashcam Video

Lawnmower DUI Video

Can you get a DUI on a lawnmower in Florida?

Yes – You certainly can get a DUI on a lawnmower in Florida. W.F. “Casey” Ebsary, Jr. just obtained some interesting dash camera video of a nicely-equipped lawnmower that was stopped by a DUI investigator in Florida. Watch this “tricked out” lawnmower with patio umbrella for shade get pulled over.

2018 Florida Statutes 316.193 | Driving Under the Influence

  1. A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
    1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
    2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
    3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Some people mistakenly think that they can drive a lawnmower, golf cart or bicycle while impaired. On the contrary, the Florida DUI law uses the term “vehicle.” Then Florida Statues define vehicle broadly and easily include cars, lawnmowers, golf carts, bicycles, tricycles, motorcycles.

VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks.

2018 Florida Statutes 316.003 (99) Definitions

If you have a DUI you need an attorney. If this is your first DUI, you may want to read more.

Don’t unwittingly think that as long as you stay off of the roads you can travel around impaired. Florida has more than 65,000 square miles of water. There are also Boating DUI laws (The 2018 Florida Statutes 327.35).

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DUI Media Files

Media Files of the Overview DUI Progression in Tampa Courts

DUI Progression Described By a Board Certified Lawyer Go Over Each Step of a DUI in Tampa Courts

Florida Criminal Procedure described by an expert.

Listen to Expert DUI Attorney Describe the Florida Criminal Procedure

Overview DUI Progression in Tampa Courts

DUI Arrest

A DUI case begins with the commission of a crime. The court receives cases in three ways:

  • The accused arrested at the scene of the crime;
  • Arrest based on a warrant issued by the Court in response to a sworn complaint; and
  • As a result of an investigation and an indictment by a grand jury.

In all instances, the evidence must be sufficient to convince the Court that there is “probable cause” that there was a crime and that the person arrested took part in committing the crime. “Probable Cause” means that there is a reasonable belief that a crime has been committed.


First Appearance Hearing

Within twenty-four (24) hours of the DUI arrest, the Defendant stands before a judge for a first appearance hearing. Then at the hearing, the Judge will set the conditions if any, for release of the defendant from jail. Also, the Judge will explain to the defendant the exact charges. If he or she cannot afford an attorney the judge will appoint the Public Defender to represent the individual at that hearing, If the accused has sufficient roots in a community to ensure that the person will return for trial, the judge may release the accused on his own recognizance pending judicial proceedings. This means the accused does not have to post bond. Some defendants can post a bond prior to the hearing, based on certain conditions. Each morning of the year, there are First Appearance Hearings.


Bond Hearing

There is a list of standard bond amounts, previously determined by the courts. If the defendant is unable to post the standard bond amount, the bond hearing occurs within 5 to 7 days of his arrest. At this hearing, the victim of the offense, if there is one, has the absolute right to bring any facts to the court’s attention, which the victim feels the court should consider in deciding the amount of the DUI bond.


State Attorney DUI Investigation

Sometime after the First Appearance hearing but before the arraignment, the State Attorney will conduct an investigation to determine what, if any, charges to file. A victim of the crime may be notified to appear at the State Attorney’s Office to give a sworn statement regarding the crime. The case against the accused may proceed with or without a victim’s cooperation. The accused will not be present at this meeting.


Charging Decision

After the presentation of your case to the State Attorney, the State Attorney will make a determination as to what action is appropriate. The State Attorney tells the victim the appropriate action. The State Attorney’s Office may do any of the following:

  1. File an Information. Specifically, the information is a formal document containing the defendant’s exact charges filed with the Clerk’s Office.
  2. No File an Information. Conversely, a formal document or Letter of Release stating that the facts and circumstances as presented do not warrant prosecution at this time.

Read about the Individual Florida Statutes:


DUI Criminal Progression of Arraignment

A Tampa DUI Arraignment is the initial court appearance of the defendant. The court will inform the defendant of the charges pending, give the defendant his/her rights, appoint a lawyer if necessary, and hear the plea of the defendant. At the arraignment, the defendant learns the charges before them and the possible penalties for the offense. The defendant may plead guilty, and if so, the judge may impose a sentence at this time. If the defendant cannot afford a private attorney the judge appoints a public defender or volunteer attorney. As with all hearings, the victim of the crime has an absolute right to appear and speak.


Victim Impact Statement


Pre-Trial Intervention

A pre-trial conference is a court proceeding in which the prosecuting and defense attorneys discuss the status of the case with the judge. At this time the lawyers tell the court of a possible plea agreement or the availability of victims/witnesses for trial. In addition, if the defendant, State or Court is not ready for trial and a plea agreement cannot be reached, the judge may grant a continuance of the case. If both the State and the defense cannot agree to a plea and the judge does not grant a continuance, then the case will be scheduled for trial.


Drug Court


Pre-Trial Conference


DUI Trial

At the DUI trial, the judge or a jury of citizens will decide whether the defendant is guilty or not guilty. First, the State will present its evidence. Then the defense will present its evidence. Attorneys for each side will have a chance to ask questions of every witness. The burden of proof is on the State to prove the defendant’s guilt beyond a reasonable doubt. This burden is difficult by design so that innocent people will not be found guilty.


Sentencing

If a defendant pleads guilty, sentencing occurs at the Pre-trial conference. And if the court finds the defendant guilty, sentencing occurs at the trial proceeding. The court, upon a finding of guilt, or plea of guilty, may have the option of sentencing the defendant to a period of probation, community control, jail or prison, and a monetary fine. Florida uses a sentencing guidelines system. The facts of the case and the history of the defendant pre-determines each sentence. The court may impose a sentence above or below the recommended sentence depending upon extenuating circumstances. The court must set forth, in writing the reasons for departure from the recommended range.


Property


Appeal


Prison


Restitution


Florida Criminal System

St. Petersburg

St Petersburg Will Try to Seize Vehicles in DUI Cases

Can St Petersburg Seize Vehicles in DUI Cases?

There does not appear to be any legal impediment to adding DUI as a basis for vehicle seizure . . .”

St. Petersburg City Attorney
DUI St Petersburg Attorney Lawyer St Petersburg DUI St Pete DUI Board Certified Attorney Lawyer W.F. “Casey” Ebsary, Jr., St. Petersburg DUI Attorney Lawyer, Board Certified Criminal Trial
St. Petersburg DUI Lawyer

Yes, St Petersburg, Florida will join a few other Florida towns and cities allowing police to seize the vehicle of driving under the influence suspect and sell it back to him/her for around $500.00.

DUI St Petersburg Attorney Lawyer
Call for help when DUI troubles arise
(813) 222-2220
Board Certified Criminal Trial Lawyer

Free Search You can Use Google to Search my Florida DUI Database for Free – If you do not find an answer, call me.

Now St Petersburg Will Try to Seize Vehicles in DUI Cases

St. Petersburg DUI Vehicle Seizure
St. Petersburg DUI Attorney

The city legal team has stated, “There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure and impoundment with a companion administrative fine. “

List of Cities with DUI Vehicle Seizure Laws in Florida

Other Florida cities have ordinances which include driving under the influence as a basis for seizing the vehicle in traffic cases. A statewide search of these municipalities lists these cities:

  • Dunnellon, FL – Provides a catchall. The ordinance reads: The vehicle was used, intended or attempted to be used, to facilitate the violation of any criminal statute and the operator of the vehicle has been taken into custody by the police department and such motor vehicle would thereby be left unattended. The additional language which authorizes vehicle impoundment if the police officer has probable cause to believe that the operator of the vehicle or another person in charge of the vehicle is incapacitated to such an extent as to be unable to provide for its custody, control, or removal.
  • Wildwood, FL – Provides a catchall. The ordinance reads: Is subject to being detained for any other reason if the police chief elects to proceed on same under the provisions hereof.
  • Atlantis, FL
  • Biscayne Park, FL
  • Hypoluxo, FL
  • Lantana, FL
  • Mangonia Park, FL
  • Port Richey, FL

St. Petersburg Proposed Vehicle Seizure Ordinance

“Proposed amendments: Adding driving under the influence to the section will provide officers an additional tool to promote public safety and penalize dangerous driving choices in the City. There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure and impoundment with a companion administrative fine pursuant to section 20-122. If the proposed change is approved, officers will be educated regarding this additional public safety tool. “

“The Department respectfully requests the following three amendments to City Code Section 20-122:

  1. first [sic] amend section (b) to include driving under the influence as a basis for an officer to seize and impound a vehicle;
  2. next [sic] amend section (e)(2) regarding the scheduling of the optional preliminary hearing from two business days to five business days;
  3. then [sic] amend section (f)(1) regarding the scheduling of the optional final hearing from two business days to five business days. “St Petersburg, Florida DUI – Attorney and Former DUI Prosecutor, W.F. “Casey” Ebsary, Jr., was an Assistant State Attorney / DUI Prosecutor in the State Attorney’s Office and has handled hundreds, of DUI cases as a trial lawyer. Drivers facing DUI or BUI in St Petersburg, Florida can call Casey for help when DUI troubles arise.

Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than 1/2 of 1 percent of Florida’s lawyers have qualified for this distinction. Click on the Florida Bar Board Certified Criminal Trial Icon above to review Casey’s qualifications.

St Petersburg DUI Arrest Award Winner – Officer Robbie Arkovich of the St Petersburg Police Department has been recognized for 1000 arrests.

More DUI Stories from St.Petersburg

DUI and other Criminal misdemeanor charges that occur in Pinellas County, Florida are assigned to one of three courthouses. They are located in North, South and Central Pinellas County.

There are three courthouses in Pinellas County, Florida. Each DUI defendant is assigned to either the North, South or Central Pinellas County Courthouse.

Most DUI Cases from St Petersburg, Florida can be assigned to the courthouse in St. Petersburg, Florida.

Call DUI St Petersburg Attorney Lawyer (813)222-2220 | Serious Charge | Serious Defense

AV Preeminent Rated – The prestigious and very distinguished award from Martindale-Hubbell / Lawyers.com states, the Lawyer has the “Highest Possible Rating in Both Legal Ability & Ethical Standards. . . .An AV® certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.” W.F. “Casey” Ebsary, Jr. has this rating. Casey has been recognized by his peers with this award of professional excellence for many years since entering private practice.

Let me help you, a friend or a loved one

Board Certified Criminal Trial Specialist, W.F. ”Casey’ Ebsary Jr. knows that DUI is a serious charge to have on your driving record. You need a serious defense! The Call is Free and the Relief can be valuable.

You Can Search Casey’s Huge St Petersburg Florida DUI Defense Lawyer / Attorney Information Database for Free at the top of the page. If you do not find what you are looking for, call me today at (813)222-2220.

DUI Board Certified Criminal Trial Lawyer near St Petersburg Florida Defense Lawyer,  W.F. “Casey” Ebsary, Jr.  on Twitter

What About Forfeiture of Assets for DUI?

W.F. “Casey” Ebsary, Jr. in Tampa, Florida handles forfeiture cases in State and Federal Courts. Call Casey today for a free phone consultation to discuss how Casey can help you, your family, or your company.

Casey is a Board Certified Criminal Trial Lawyer with civil and criminal litigation experience.

DUI St. Petersburg Forfeiture Attorney | DUI St.Petersburg Florida Forfeiture Lawyer

Call Casey (813)222-2220

W.F. “Casey” Ebsary, Jr., is a Board Certified Criminal Trial Lawyer with diverse criminal litigation experience. Main Office Tampa Conveniently Located: 2102 W Cleveland St Tampa, Florida 33606. Licensed in Florida, Federal Middle District of Florida, and the 11th Federal Circuit. Call Casey (813)222-2220.

DUI Defense Lawyer near St Petersburg FL,   W.F. “Casey” Ebsary, Jr. (813)222-2220 |

Pinellas County Criminal Courthouse Map  | DUI St Petersburg Attorney Defense Lawyer

W. F. “Casey” Ebsary, Jr., a former prosecutor, and Board Certified Criminal Trial Lawyer has been the attorney of record in hundreds of DUI cases. He has represented clients in driving under the influence (DUI) and driving while intoxicated (DWI) cases in many Florida counties. Casey is a former Assistant State Attorney (Prosecutor) and a former Assistant Public Defender. He has litigation experience which includes DUI St Petersburg, counterfeiting, driving under the influence, fraud, forgery, murder, money laundering, and theft.

Sources: www.stpete.org/agenda%20packets/2017-10-05%20Council%20Agenda.pdf, www.tampabay.com/news/publicsafety/crime/driving-drunk-in-st-pete-police-can-soon-impound-your-car/2340502, www.wtsp.com/news/local/arrested-for-dui-heres-the-city-in-tampa-bay-where-youll-now-be-paying-a-lot-more/482312655  


Previous Stories on St. Petersburg, Florida

Pinellas Sobriety Checkpoint 1700 34th Street St. Petersburg Florida. – Pinellas DUI Attorney reports DUI Checkpoint 1700 34th Street North, St. Petersburg, Florida.

GPS Cop Cleared of Hit and Run | Florida | Tampa – Tampa DUI Defense Attorney observes that a St. Petersburg Police Department Officer was acquitted when he went on trial for hit and run in his …

Pinellas DUI Checkpoint – 8900 US19 North in Pinellas Park FL – St.Petersburg Police Department, Largo Police Department The checkpoint will be held at 8900 US19 North in Pinellas Park. (Calvary Chapel …

DUI Attorney Tampa On Call | 813.222.2220 | Hillsborough County FL – Pinellas DUI Attorney notes a Pinellas Sobriety Checkpoint at Publix Supermarket parking lot, 1700 34th Street North, St. Petersburg., …

The Law Office of W. F. Casey Ebsary, Jr., Trial Lawyer
Licensed in Florida and Federal Middle District
Office Conveniently Located: 2102 W Cleveland St Tampa, Florida 33606

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Florida, Confessions, DUI, and the Corpus Delicti Rule

Florida, Confessions, DUI, and the Corpus Delicti Rule
Florida, Confessions, DUI, & the Corpus Delicti Rule

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