Category: St. Petersburg

St. Petersburg

St Petersburg Will Try to Seize Vehicles in DUI Cases

W F Casey Ebsary Jr

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.

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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: http://www.stpete.org/agenda%20packets/2017-10-05%20Council%20Agenda.pdf, http://www.tampabay.com/news/publicsafety/crime/driving-drunk-in-st-pete-police-can-soon-impound-your-car/2340502, http://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.

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Latest DUI Stories

Breath Test Refusal, Clearwater, Largo, St. Petersburg

Refusal of a Breath Test

W F Casey Ebsary Jr
Refusal of a Breath Test
Refusal of a Breath Test

Refusal of a Breath Test

Below is video from inside a jail. There a cop is administering Florida’s Implied Consent warning, This warning is given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.

Breath Test Refusal Update

What do police officers do when arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?

We have again found out what cops do when arrested for DUI. Here is an update from a 2016 article. “In the 2016 arrest report, a Pinellas sheriff’s deputy wrote that Green’s eyes appeared “glossy” and his balance unsteady. He refused to submit to a field sobriety test or a Breathalyzer test to measure his blood alcohol-level.”

In the past ten years, this topic is of interest to many of our viewers.  The breath test is voluntary if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for a hardship license if he submitted to a breath test. The cop also told him he would not be eligible if he refused the test.

Due to misinformation, it could not be proven that suspect’s decision to submit to the test was not influenced by misinformation; the state has failed to prove that submission to test was voluntary. Tthe test results were not allowed in the proceeding. Source: FLW Supp 1703Perd

Refusal of a Breath Test

One DUI defense may come from the implied consent law. The implied consent law says that by driving you have agreed to chemical tests to determine alcohol or drug content. Sometimes police don’t give suspects their options properly. In Florida law, refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let’s go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.
Florida Law Requires. “The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible as evidence in any criminal proceeding.” 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)