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Reducing Impaired Driving Recidivism – Established DUI Diversion

DUI Diversion Program

Established DUI Diversion Programs
Established DUI Diversion Programs in 8th, 9th, 11th, 13th Circuit Courts

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. We will look at some of Florida’s already established DUI diversion programs for a driver’s first DUI charge. The Offices of the State Attorneys of the 8th, 9th, 11th & 15th Circuit Courts all currently use DUI Diversion Programs for a driver’s first DUI charge. Each Circuit Court has different admission rules and distinct program requirements.

Admission Requirements Are Confusing

In the table below, it is easy to see how confusing this process can be. You need to Call (813) 222-2220. In Orange County and Osceola County, you cannot be a part of the DUI Diversion Program (PTD, or Pre-Trial Diversion) if you are not a legal U.S. resident. That means tourist from another country here to spend their vacation could never be in the PTD program in the Ninth Circuit Court. In Miami-Dade County, if your BAC is over 0.220% then you are still able to be in the DUI Diversion Program (Back on Track BOT). That same county is the only county that requires that you sign a statement of guilt before entering the DUI Diversion Program. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission into the DUI Diversion Program if a child or animal was riding with you when you were charged. Only the 8th Circuit Court will use your drunken aggression towards the arresting officer as a reason to keep you out of the DUI Diversion Program.

Admission Qualifiers

8th Circuit 9th Circuit 11th Circuit 15th Circuit
8th Circuit; Alachua, Baker, Bradford, Gilchrist, Levy, Union 9th Circuit; Orange, Osceola 11th Circuit; Miami-Dade 15th Circuit; Palm Beach
Approval by the Office of the State Attorney X
Defendant’s administrative DMV Suspension not affected  X
Each case will be evaluated on a case-by-case basis X
Legal residence in the United States X
Must have a Valid Driver’s License at the time of arrest X
Accident may invalidate eligibility X X X
Child or animal in vehicle may invalidate eligibility X X X
Prior alcohol-related driving offenses may invalidate eligibility X X X X
No Blood Alcohol Level of .20 (,220 for 9th) or over X  X  X
No in vehicle controlled substances X X
No inappropriate behavior such as belligerence to law enforcement X
Prior misdemeanor may invalidate eligibility X X
No motions filing, demanding discovery or demanding a jury trial X X
No prior felony sentences X X X
Plea must be entered at arraignment X
Request for DUI Diversion within 30 days of arrest X
Sign an admission of guilt X
Prior traffic citations may invalidate eligibility X
90.704, alcohol, Arrest, Arrested, arresting officer, BAC, blood alcohol content, Blood Draw, Blood or Urine Test, blood test, Breath Test, Breath tests, Breathalyzer, cannabis, Chemical Test, D U I, DRE, Driving under influence, Driving Under Influence Defense Attorney, Driving under the influence, Driving under the influence ( DUI ), Drug DUI, drugs, dui, DUI Arrest, DUI Attorney, DUI attorneys, DUI Blood, DUI Blood Alcohol Analyses, dui blood test, dui breath test, DUI Drugs, DUI Florida, DUI Video, DUI Videos, DUI with Serious Bodily Injury, DUI Women, florida dui

Florida Drug Recognition Experts DRE Video

DRE Florida Drug Recognition Experts
Florida Drug Recognition Experts DRE

Using Drug Recognition Experts (DRE), in Florida DUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.

We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?

What is the History and Origin of the Drug Recognition Expert (DRE}?

The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
Florida Drug Recognition DRE Experts
7 Days to a Better You (DRE)

What is done during DRE training?

A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program:  Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.

Who does the Drug Recognition Experts (DRE) training?

The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).

What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?

None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.

Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard? 

No. In July 2013,  Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.
Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .”  In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).
Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .

Standardized 12-Step Drug Recognition Experts Protocol

The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.
1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.
Sources: http://www.wsp.wa.gov/breathtest/dredocs.php 
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DUI Attorney Tampa Videos

Tampa Traffic Stop DUI Videos

“an inside look at criminal traffic stops for DUI”

Florida DUI Criminal Defense Attorney presents Traffic Stop DUI videos from inside a patrol car. In this series of DUI videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr, gives you an inside look at criminal traffic stops for DUI in Tampa, Hillsborough County, Florida. Casey is a Criminal Trial Lawyer, former Prosecutor, and a Defense Attorney, defending DUI charges for over 10 years.

Tampa Attorney Checkpoint DUI Videos

“we decided to send our team out to take a look”

Hillsborough County Sheriffs Office in Tampa, Florida decided to have a DUI Checkpoint, so we decided to send our team out to take a look DUI videos. They pulled over every fifth car. We witnessed Zero arrests. Tell Us Your Story Toll-Free 1-877-793-9290.

DUI Videos Refusal Of Breath Test

“video of Refusal of a Breath Test after an arrest for DUI”

Tampa DUI Criminal Defense Attorney shows videos of Refusal of a Breath Test after an arrest for DUI, in this 2-minute video. A Hillsborough County Florida Sheriff’s Deputy administers a Breath Test Warning / Request in a Florida DUI case.

Tampa Florida DUI videos Field Sobriety Tests

“an inside look at field sobriety tests for DUI” 

Florida DUI Criminal Defense Attorney presents Field Sobriety Exercises videos. This production is one of a series of videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr and gives you an inside look at field sobriety tests for DUI in Tampa, Hillsborough County, Florida. Casey is a Criminal Trial Lawyer and a former Prosecutor, defending DUI charges for over 20 years
316.193, Driving under the influence ( DUI ), DUI Driving Under Influence, TRAF1012

TRAF1012 DRIVING UNDER THE INFLUENCE

316.193, Driving under the influence ( DUI ), DUI Driving Under Influence, TRAF1012,
Driving Under the Influence Misdemeanor

A First DUI is frequently charged in Tampa, Florida, Hillsborough County DUI cases. The things needed to prove guilt in a case are listed below. The Florida DUI law is also included below.

“the offense of driving under the influence . . . is subject to punishment”

The charge code used by the police, prosecutors, Judges, and Clerks of Court is TRAF1012. The offense is a criminal charge punishable by jail, fines, court costs, and drivers license suspension.

Tampa Florida DUI Charges in Brief

  • Drive Vehicle
  • In the State of Florida
  • Under the Influence of alcohol or controlled substance
  • Normal Faculties Impaired
  • Or Blood alcohol over .08


Form Code: TRAF1012
Florida Statute: 316.193.1
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DRIVING UNDER THE INFLUENCE

What are the Penalties under Florida DUI Law?

316.193 Driving under the influence; penalties.
(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:
(a) 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;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Arrest Contest, Driving under the influence ( DUI ), Jason Denney, Kevin Skelton, Travis White

Florida DUI Arrest Contest Winners?

DUI Arrest Contests, Driving under the influence ( DUI ), Arrest Contest
Cops win and Innocent
People lose.
DUI cops win and innocent citizens lose? Three more Florida DUI cops /  police officers have been recognized by MADD (Mothers Against Drunk Driving)  for their diligent enforcement of drunk driving laws in 2013.  The officers are: Jason Denney with 28 DUI arrests; Travis White, with 20 DUI arrests; and Kevin Skelton, with 12 DUI arrests. The officers were treated to dinner. In 2013, the police department also received 1st place honors in a “DUI Challenge” and a ‘Law Enforcement Challenge.” Not sure what those other contests were, but it appears that citizens’ arrests are prizes in this despicable contest. 
Cops Issue a Press Release?
According to a department press release: “By taking part in traffic and safety events including ‘Click It or Ticket’ and ‘Drive Sober or Get Pulled Over,’ the . . . Police Department is making significant and positive impacts in our community by reducing traffic related crashes, injuries and fatalities.” We suspect there were no demerits for people that were arrested and then cleared after hours in jail.
Source: http://www.pnj.com/article/20140328/NEWS01/140328016/Gulf-Breeze-officers-praised-for-fight-against-drunk-driving?nclick_check=1
Driving under the influence ( DUI ), dui, dui traffic stop

DUI Traffic Stop | Court Tosses Case

DUI Traffic Stop
Driving Under the Influence DUI Attorney notes a recent decision where the trial court threw out charges where the police blocked a car that was legally stopped at an intersection for a stop sign. The court found that a police officer that conducted an investigatory stop. He blocked the defendant’s parked vehicle with his patrol car. The court noted the vehicle was parked at stop sign in high crime area for 90 seconds and that could not provide reasonable suspicion for a traffic stop where officer did not observe anything that showed the defendant was DUI or ill.

Case Excerpts:

“Deputy Avery testified that on April 21, 2008, between 2:00 a.m. and 3:00 a.m., he was on duty when he observed Appellee’s vehicle stopped and parked at an intersection in Deerfield Beach, in an area with a high crime rate, known for prostitution and drug dealings. (Tr. at 15-16, 19). Deputy Avery further testified that he could not tell if the vehicle was occupied, so he drove around the block to approach it at a different angle. (Tr. 15-16). It took him forty-five seconds to a minute to go around the block and he estimated that Appellee’s car was parked at the intersection for at least one minute and a half. (Tr. at 16, 17). When Deputy Avery pulled in front of Appellee’s vehicle, he could see that there was at least one person in the car. (Tr. at 17). The lights of Appellee’s vehicle were on and the engine was running. (Tr. at 17). Deputy Avery had his spotlight on Appellee’s vehicle and approached the vehicle with a flashlight. (Tr. at 17, 18, 38). He testified that the reason why he approached the vehicle was because he had no idea why Appellee was parked on the road and he was concerned that Appellee was ill. (Tr. at 18,

37). “

“[T]his Court finds that the trial court did not err in granting Appellee’s Motion to Suppress, since there was a seizure when the police officer pulled in front of Appellee’s vehicle and shined his spotlight on Appellee’s vehicle, and the seizure was not supported by reasonable suspicion or probable cause. “

The trial Judge “made the following findings based on the case law and arguments presented by the parties: (1) pursuant to Stennes v. State, 939 So.2d 1148 (Fla. 4th DCA 2006) [31 Fla. L. Weekly D2605b], there was a seizure when Deputy Avery pulled in front of Appellee’s vehicle and shined his spotlight on Appellee’s vehicle, thus blocking his way and leading a reasonable person to believe that he would not be free to leave (Tr. at 82); (2) the obstruction of traffic was not at issue in this case, since the deputy testified that there was no traffic on the road and, therefore, there was no probable cause to stop Appellee’s vehicle for obstructing traffic (Tr. at 82-83); and (3) the wellbeing argument made by the State pursuant to State v. DeShong, 603 So.2d 1349 (Fla. 2d DCA 1992) was factually insufficient because there were no articulable facts on the record to support Deputy Avery’s conclusion that Appellee might have been ill, other than the fact that Appellee had stopped at the stop sign for a minute and a half. (Tr. at 83). Based on these findings, the court granted Appellee’s Motion to Suppress.”

“The Supreme Court of Florida recognized three levels of police-citizen encounters. Popple v. State, 626 So.2d 185, 186 (Fla. 1993). The first level is that of a consensual encounter and involves minimal contact with the police. Id. The second level is that of an investigatory stop, which allows a police officer to reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Id. For an investigatory stop to be legal, the police officer must have well-founded, articulable suspicion not just a mere suspicion of criminal activity. Id. The third level of encounter involves an arrest for which the arresting officer must have probable cause that a crime has been or is being committed. Id. “

See Also: Stennes v. State, 939 So.2d 1148 (Fla. 4th DCA 2006) [31 Fla. L. Weekly D2605b]


If you are a Lawyer or a Defendant, Call Me Toll Free to Discuss at 1-877-793-9290.

Source: STATE OF FLORIDA, Appellant, vs. LARRY KOEHLER, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 09-000093AC10A

Driving under the influence ( DUI ), Marchman Act, subpoena

DUI | Medical Records Evidence Tossed | Florida

Florida Tampa DUI Expert
Tampa DUI Defense Attorney reviewed a DUI case today and noted some remarkable results in a recent Driving under the influence ( DUI ) prosecution. The Marchman Act allows for involountary forced admission for treatment of drug or alcohol problems. The prosecutor tried to admit evidence of improperly obtained Marchman Act medical records.


The defendant was transported to a local hospital after an automobile accident. The wayward patient left the hospital against medical advice The cops and prosecutor got a physician’s certificate issued by the attending physician. The medical professionals had planned an emergency admission to the hospital under the Marchman Act. A creative state attorney’s office somehow obtained the  confidential medical record. There was no notice or subpoena issued. The trial court excluded the medical records. The ever-resourceful Prosecutor tried to put the horse back in the barn by finally issuing a proper subpoena. The court ruled that the Exclusionary Rule precluded admission of an improperly obtained medical record and subsequent efforts to fix the problem were for naught. 
Source: 17 Florida Law Weekly Supplement  504a