At the University of South Florida, DUI conviction can have impacts beyond just staying on your driving record for the next 10 years. In addition, you can lose student financial aid including Bright Futures benefits. DUI Attorney W.F. “Casey” Ebsary, Jr. explains University of South Florida Police (USFPD) have conducted DUI checkpoints / DUI saturation patrols since 2006. The USFPD has 43 officers. The USFPD patrol all of the campus and the areas surrounding the campus. Because the University of South Florida DUI cases have a payoff – awards. Furthermore, one DUI contest got the agency a fully loaded Chevrolet Tahoe.
Dui Defense Attorney Casey Ebsary, also notes that USF Police Department conduct Saturation Patrols on and around the Tampa, Florida campus. Another press release warned, “The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012. This patrol will begin at 2:00 a.m. and end at 5:00 a.m.”
As a result, DUI enforcement by “USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe. Impaired drivers . . . will face arrest and prosecution.” Students caught likely will face driver’s license suspension and criminal prosecution. In addition, these students will face action by the Office of Student Rights and Responsibilities. Some issues in the Student Code of Conduct raised by a University of South Florida DUI are below.
Student Code of Conduct
“The conduct process may be initiated against a student charged with conduct that potentially violates both the criminal law and/or the Student Code of Conduct.”
“Students are responsible for compliance with all public laws.”
“Misuse or Possession of Illegal Drugs.”
“Misuse of Alcohol.”
A sample of Prior University of South Florida DUI Checkpoint
We uncovered a report of a DUI Checkpoint Roadblock on the Tampa Campus. It is “USF Police to Conduct Sobriety Checkpoint.” The University of South Florida Police Department will host a Sobriety Checkpoint on Campus on May 15, 2013, beginning at 11:00 pm. . . . [This is ] followed by a four-hour saturation patrol. During this time, USF Police Officers will seek . . . impaired drivers in an effort to keep our streets safe. So impaired drivers . . . will face arrest and prosecution. Furthermore, this operation is part of a comprehensive, collaborative approach to traffic safety by the USF Police Department. Finally, the USF Police Department has primary jurisdiction on and about property owned or controlled by the University of South Florida.
Aggressive Campus Cops
Someone needs to tell DUI Officer Michael Tinney about their primary jurisdiction. We have yet to defend a single DUI arrest, he made on campus. The USF Police Department awarded Officer Tinney Officer of the Year and DUI Enforcement Officer of the Year for 2012. He also received an award from Hillsborough County Mothers Against Drunk Driving (MADD) for his DUI Enforcement in 2012. Officer Tinney actively participates in all enforcement campaigns and leads the DUI Checkpoints for his squad.” He is a DUI arrest award winner in the campus police department’s DUI arrest contest.
“When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of ‘less drunk’ rather than ‘sober’ drivers.”
And “A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket.” By Elise Bouchard of the USF Oracle
Another DUI Checkpoint Report
Casey Ebsary, a Board Certified Criminal Trial Lawyer, received a tip that there will be a DUI checkpoint on campus this weekend, July 8. The Hillsborough County Sheriff’s Office and the University of South FloridaUSF Police Department will conduct the sting and it will apparently be on campus. Most noteworthy these checkpoints are usually posted on the Sheriff’s website, but this one was not. Recently, we obtained a police manual for these types of checkpoints.
Got DUI – Get Expelled: “UF looks beyond campus for DUI cases – They may try to hide it from Mom and Dad, but University of Florida (UF) students caught driving drunk in Alachua County won’t be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won’t just face criminal courts, they will go before UF’s Office of Student Judicial Affairs, where they could face suspension or expulsion.
Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF’s dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said.”
Campus of University of South Florida DUI Arrests on the Rise
“More than twice as many students were arrested for drunken driving on campus in 2005 than in 2004 because of University Police Department’s new chief and UF President Bernie Machen’s alcohol policies, University Police spokesman Lt. Joe Sharkey said. There were 111 arrests for DUIs on campus in 2005, 44 arrests in 2004 and 56 arrests in 2003, according to University Police Department crime statistics. “
A Polk DUI Lawyer is standing by. DUI / DWI / Drunk Driving is a serious charge to have on your driving record in Polk County. You need a serious defense. DUI Defense can be challenging. The police are the main state witnesses. Scientific evidence from the Intoxilyzer 8000 breath test or blood tests may be presented against you. Damaging evidence against you may include the breath test, the officer’s testimony, and Standard Field Sobriety Tests.
W.F. ”Casey Ebsary, Jr.” is a Board Certified Criminal Trial Lawyer and DUI – DWI attorney who helps in Polk County, Florida, has knowledge of these issues, and can help you establish your defense against these and other traffic offenses.
Polk D U I Arrests by the Numbers
We uncovered a report that there are about 1300 to as many as 1600 people arrested each year for DUI in Polk County according to arrest statistics for each Florida County. The most recent traffic citation and DUI Arrest numbers for Polk County are available on our Polk County Florida DUI Law Blog.
Video – How To Choose an Attorney
Defend yourself against this charge with an experienced D U I lawyer right now. For a free case analysis and evaluation, please call or submit your case information on a DUI in Florida, in Polk County or in the Lakeland Area. Many people wish that they had saved the facts of their case while it was still fresh in their mind. We have developed an Interview that can help you to preserve the evidence of your case to help defend you.
Polk County Includes the Cities of :
Auburndale, Bartow, Crystal Lake, Cypress Gardens, Davenport, Dundee, Fedhaven, Fort Meade, Frostproof, Haines City, Highland City, Highland Park, Kathleen, Lake Alfred, Lake Wales, Lakeland, Mulberry, Nalcrest, Polk City, and Winter Haven
There have been 1300 to as many as 1600 people arrested each year for D U I in Polk County, Florida.
Since there is no Bureau of Administrative Reviews Office Locations in Polk County, offenses in Polk County including many DUI issues, such as Under Suspension, Need Driver License for Work and Hardship Driver Licenses, must be resolved at 2814 East Hillsborough Avenue, Tampa, 33610-4479 Office (813) 276-5795
Other Drivers License issues may be resolved at the Driver License Offices such as having a Driver license issued, taking a driving test and having an ID Card issued. There are three offices in Polk County:
Polk County Driver License Offices
North Ridge (Davenport) Service Center2000 Deer Creek Commerce Lane, Davenport, FL 33837
Make Appointment Online-All Services CDL HazmatCash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
For More Florida DUI DWI Defense Qualifications & Information Visit Us at the DUI Information Links Below
More D U I Information on DUI Drug Court Division
Polk County DUI Attorney reports on the DUI Drug court division established by Judge Ronald A. Herring. The Judge ordered that any multiple DUI offender may have the option of DUI Court as part of a plea offer. If the offer and the case is accepted into the division, the Polk County DUI defendant’s case may be transferred to the Judge presiding over DUI or Drug Court . The DUI/Drug Court shall be a condition of the offender’s probation. Also involved in the DUI Court are: Judges, Assistant State Attorneys, Defense Attorneys, County Probation, Polk County Sheriff’s Office, Lakeland Police Department Offices, AA representatives and MADD representatives.
If you may be eligible for the new DUI Court program, we can help.
Polk DUI Attorney website and Lakeland Ledger reports 54 Polk DUI cases were thrown out. The reason – what has been suspected for years, since computers have been used to write D U I arrest reports: 1. Cops use a template to write report(s);2. Cops take a previous D U I report(s) and change the name, leaving details the same;3. Cops use the same language when talking about the field sobriety exercises. The Polk County Sheriff Deputy had made “made about 124 arrests for DUI since he began working last year” According to published reports. Source: www.theledger.com/article/20090808/news/908085027
DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. The submission of this does not establish an attorney client relationship.
Other Stories About Polk County and Lakeland, Florida
Jun 12, 2012 – … Policy is in effect statewide and should also cover Hillsborough DUI cases, Pinellas DUI cases, Polk DUI cases, and Hernando DUI cases.
Please submit all questions and comments to:
Law Office of Board Certified Criminal Trial Lawyer W. F. “Casey” Ebsary, Jr.
2102 W Cleveland StTampa, FL 33606
P.O. Box 1550Tampa FL 33601813.225.0202*(FAX)
* NOTICE: The publication of our fax number on this web sites is not to be construed as the firm’s consent to received unsolicited fax advertisements, nor does it create an Existing Business Relationship (EBR).
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about their qualifications and experience.
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.
Who can get a hardship license (business purposes only or Employment Purposes Only) in Tampa Bay?
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?
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.
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
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:
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;
The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
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.
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).
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.
Overview DUI Progression in Tampa Courts
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.
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.
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:
File an Information. Specifically, the information is a formal document containing the defendant’s exact charges filed with the Clerk’s Office.
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.
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
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.
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.
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.