Police are stepping up enforcement efforts while all the students are here. Many of the roads on the beaches have very low speed limits and expect strict enforcement of all traffic laws, including speed limits. There has been a video that has been produced to put the word out that police will have a zero tolerance policy towards some interesting activities that students may be inclined to try. Do not Come on Vacation Leave on Probation.
Previous Tampa Bay Area Spring Break Story
Here is a story about the types of tactics and criminal charges that police and prosecutors will use. As we previously reported, a “non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in a permanent criminal record. “
“Officer was not qualified to make a determination that the defendant was under influence of anything other than alcohol”
Refusal to Submit to Chemical Test in a DUI
Driving Under Influence Defense Attorney in Tampa reports that the Refusalto submit to a urine test may not always be used against those suspected of DUI. One court just ruled that a DUI Officer did not have probable cause to ask a defendant to submit to urine test. The cop asked for a Urine sample to perform a chemical test under Florida Statute Chapter 316.
The court noted that the defendant’s breath test did not meet level for presumption of impairment. Notwithstanding this, the DUI defendant was seen lying in a vehicle. The driver did not move the vehicle through multiple traffic light phases. The cop testified that the suspect exhibited signs of intoxication, and told the DUI officer that he was in pain and needed to take medication.
The key to the court’s ruling suppressing testimony about the refusal to submit to a chemical test was a finding that the Officer was not qualified to make a determination that the defendant was under influence of anything other than alcohol. Notably the cop did not observe any evidence that defendant was under influence of narcotics A search of the DUI suspect’s vehicle and his person did not reveal the presence of any drugs. The court ruled that a motion to suppress refusal should be granted.
Refusal to Submit to Chemical Test Case Excerpts:
“[T]he Appellant was arrested and charged with Driving Under the Influence in violation of Florida Statute §316.193(1). Prior to trial, the trial court conducted an evidentiary hearing on a motion to suppress evidence of the Defendant’s refusal to submit to a urine test. The Trial Court denied the motion to suppress evidence, and the evidence of the Defendant’s refusal was admitted into evidence.”
“The Fourth Amendment of the United States Constitution and the Florida Constitution guarantee citizens the right to be free against unreasonable searches and seizures. Art I § 12, Fla. Constitution. In order to request a driver submit to a urine test, the officers must [have] reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. Additionally, Because it is clear that the collection and testing of urine intrudes upon expectations of privacy that society has long recognized as reasonable . . . these intrusions must be deemed searches under the Fourth Amendment. Skinner v. Ry. Labor Executive Ass’n, 489 U.S. 602, 617 (1989). “
“Therefore, the test is whether the facts and circumstances within an officer’s knowledge are sufficient to warrant a person of reasonable caution to believe that an offense has been committed. McNeil v. State, 512 So.2d 1062, 1064 (Fla. 4th DCA 1987). In determining if probable cause exists, the totality of the circumstances, i.e., the whole picture, must be taken into account. State v. Ellison, 455 So.2d 424, 427, (Fla. 2d DCA 1984); Elliot v. State, 597 So.2d 916 (Fla. 4th DCA1992). “
“The facts and circumstances in the instant case fall short of the probable cause finding necessary for the officer to believe that the Defendant was under the influence of drugs.” “The grounds for requesting the urine sample in this case resembles a hunch or a mere suspicion, rather than probable cause. Therefore, the trial court erred in denying Defendant’s motion to suppress.”
The site of the Stanley Cup Playoffs in Tampa, Florida near Amalie Arena is in the heart of the Tampa Police Department’s intensive DUI enforcement zone. Here is a map of where visitors can expect to see tons of traffic enforcement officers.
“Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures”
Tampa is well known for tactical use of special teams to conduct traffic stops near sporting events and bars. Here is a video of testimony from a former Tampa Police Department Sergeant who was well-versed in police tactics in Tampa Bay. He has been fired, but his buddies are still on duty.
Traffic cops will be focused on the Channelside area. Assume they watch parking lots, act on tips received by phone and other types of electronic messages. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures the former DUI specialist said during the final testimony as a Tampa law enforcement officer, “I get all kinds of stuff.”
Assume this is also the practice everywhere – Pinellas, Pasco, and Hillsborough counties in Florida. One DUI attorney has said if “there was a basis for the traffic stop and probable cause for the arrest, how or why an officer got involved in a DUI stop is irrelevant.” Be advised.
According to Wikipedia, “The Stanley Cup (French: La Coupe Stanley) is the championship trophy awarded annually to the National Hockey League (NHL) playoff winner after the conclusion of the Stanley Cup Finals.” According to our research, the Tampa Police Department will be trying to score some points in a variety of contests to encourage enforcement of Florid’a DUI laws.
Amalie Arena and Florida Drivers are Targets in Law Enforcement Contests – DUI Arrest Quotas, Contests, and Prizes
As we have reported, “The State of Florida encourages law enforcement again this year by holding an Olympic-like contest in Orlando. A photo in the report had a cop on foot running behind a traffic patrol motorcycle. This contest kept statistics and awarded performance based on statistical analysis of annual numbers of traffic enforcement actions. They call it the Florida Law Enforcement Challenge. Prizes were awarded for “inventive approaches” to traffic law enforcement. “
To Learn More About Tampa DUI Arrest Contests See:
Plant City Florida DUI Defendants can get affordable help from Former Prosecutor, W.F. “Casey” Ebsary, Jr. Casey was an Assistant State Attorney / Prosecutor in the Hillsborough County, Florida State Attorney’s Branch Office located at 302 North Michigan Avenue, Plant City, Florida. Persons charged with DUI or DWI or BUI in Plant City, Florida can call me for help when DUI troubles arise at 813-222-2220.
DUI and other Criminal misdemeanor charges that occur in Eastern Hillsborough County are assigned to the Plant City Branch Courthouse. Cases from Valrico and Brandon can also be assigned to the branch courthouse in Plant City.
DUI Checkpoint Location in Plant City, Florida
Plant City DUI Attorney has just received a reliable report of a DUI Checkpoint. That Checkpoint was located at:
902 N Alexander Street Plant City, FL 33563
Former Plant City, Florida Driving Under the Influence Prosecutor
Board Certified Criminal Trial Specialist, available to help with DUI charges assigned to the Plant City Division. DUI is a serious charge to have on your driving record – I can help.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.
W.F. “Casey” Ebsary, Jr. has once again been awarded a Rating of AV Preeminent. The AV Preeminent Rating is considered the pinnacle of Professional excellence earned through a strenuous Peer review Rating process that is managed and monitored by the world’s most trusted resource, Martindale Hubbell. The award states, in part, that the award is the “Highest Possible Rating in Both Legal Ability & Ethical Standards. . . .” The ratings body states: “AV® Preeminent™ (4.5 – 5.0) – 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.”Help is available from a former DUI Prosecutor. Call me and tell me your story. Persons charged with DUI or DWI or BUI inPlant City, Florida have a resource for help when DUI troubles arise. Casey is also a former Plant City DUI Prosecutor.
Board Certified Criminal Trial Specialist, W.F. ”Casey’ Ebsary Jr. knows that DUI is serious charge to have on your driving record – You need a serious defense!
The Call is Free and the Relief can be valuable. Toll Free 1-877-793-9290.
Search Casey’s Huge Plant City Florida DUI Defense Lawyer Database for Free
If you do not find what you are looking for, call today at 813-222-2220.
W.F. “Casey” Ebsary, Jr. in Tampa, Florida handles DUI 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.
Call Casey Toll Free 1-813-222-2220.
Casey is a Board Certified Criminal Trial Lawyer with diverse criminal litigation experience. Main Office Tampa Conveniently Located: Tampa, Florida.
Licensed in Florida, Federal Middle District of Florida
Plant City DUI
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Stop Worrying Call An Experienced DUI Plant City Attorney Now! 813-222-2220
“Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?”
Tampa, Florida DUI Attorney, Lawyer W.F.”Casey” Ebsary, Jr. ran into a potential witness in during our live coverage of the Intoxilyzer 8000 hearings in Tampa’s Circuit Courthouse. He has given us some interesting findings of breath test data that is not disclosed to Florida DUI Defense Attorneys that may be helpful to fighting DUI charges that use a breath result. DUI consultant Stephen Daniels with DUIUndo.com has given us some interesting information about the Intoxilyzer 8000, I-8000.
“The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question.”
We already knew, before Mr. Daniel’s report, that the Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.
Breath Test Issues in a DUI Case? Click the Call Me Button above or give me a call, tell me your story 813-222-2220.
Some people refer to COBRA as: In simple terms, C.O.B.R.A. is a cross-jurisdictional database search and analysis system. In Florida, COBRA Data is referred to as: “Computer On-line Breath Archives” We publish the story and a few notes by Florida DUI Attorney, Casey Ebsary, below:
Stephen Daniels Writes on Intoxilyzer Software
I had my first out of state case and attached is the Cobra Data from an Oregon Intoxilyzer 8000. If all Intoxilyzer 8000’s are the same, and if all states design their own software, could the defense bar raise an argument as to whether FDLE/ATP ‘intentionally’ designed the Florida Cobra Software to ‘exclude’ extremely critical breath tests data from the defense? If they did, wouldn’t this be an ‘Intentional Tort’ or Official Negligence and wouldn’t that because for suit. If yes, then would this also not be a Brady Violation and a violation of the [Florida Rules of Criminal Procedure]:
Florida Criminal Procedure 3.220 (4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.
Note From Florida DUI Attorney: The Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.
Oregon Cobra Data Sample
If you notice pic 082 jpg of Oregon’s Cobra Data, that data includes two more lines of data than the Florida Cobra data. Those two additional lines of data; the sample duration and the ‘sample attempts raise serious doubts as to what is actually analyzed and reported. If you notice the 1st sample has
This breath test sample did not have a ‘VOLUME NOT MET’. It was the result of two (2) sample attempts each of ‘unknown’ sample duration. The print out from the Florida and Oregon Intoxilyzer 8000 printers only show the BrAC results and air blanks. Florida Cobra shows the additional Cobra data of the ‘Breath Volume”
However, the Oregon Intoxilyzer 8000 Cobra data shows ‘additional data’ not only of the breath volume, it also shows the following information that is vital to determining what actually happened during the individual breath test blows The Oregon Intoxilyzer printout that the state discovered only shows that my client provided two test results. But the Oregon Cobra Data (pic 82 jpg) from my PRR revealed data that shows that my client actually made to (2) sample attempts on the 1st test blow:
Sample Duration: 8.28
Sample Attempts: 2
Question From Tampa, Florida DUI Attorney: Why is each state making custom software modifications to these machines that have been approved by the United States Department of Transportation D.O.T.?
The questions become, ‘Does that void of vital test information in Florida’s Cobra go to the admissibility or the weight of the evidence? And then the questions for the evidence become: ‘What sample was analyzed the 1st or 2nd? And, ‘What was the time duration of the sample analyzed and reported? And, ‘Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?’
Florida Intoxilyzer Test Requirements
We know from the online FDLE/ATP records that the Intoxilyzer 8000 does not need the 1.1 liter of breath volume to issue a BrAC result. There are 1000’s of breath test results that have a BrAC result with only a 0.015 breath volume. My point is, per Florida’s records, and applying the missing Oregon’s Cobra Data to any test result from a Florida Intoxilyzer 8000, could the defense not argue that ‘without’ full disclosure of the ‘individual Cobra Test data’ the state cannot proffer these results as ‘scientifically reliable or accurate’. Why? Because the state cannot show that the minimum criteria was in fact met when more than (1) sample was provided during the 1st or 2nd breath samples, and without this data the state cannot prove that any BrAC result from a Florida Intoxilyzer 8000 is in ‘Barfield’s terminology’…. wait for it….. Quantitative of the Subject’s Breath Alcohol Level.
What does Cobra stand for and how can it help us Beat a DUI Breath Test?
C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives.
Oregon Cobra Data Set
The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question. This data includes additional data surrounding test actual breath test sample and what was happening ‘exactly’ during each breath test sample. The COBRA data that is available on the Intoxilyzer 8000 is:
1. BrAC result
2. Breath Volume
3. Flow Rate (R Value)
4. Sample Duration (seconds)
5. Sample Attempts
6. Sample Chamber Temperature
7. Barometric Pressure
8. All Diagnostics During Sample Collection
9. Rounded Slope
10. Rounded Intercept
11. Stored Tests in Memory Mask
Tampa DUI Attorney Note: Florida only requires the report spit out of the machine at the time of testing and a few documents that establish monthly and annual testing / calibration to be put before a jury.