We continue to be amazed at the commercialization and profit-centered efforts turning law enforcement into an industry. These efforts include: DUI Arrest contests; private jails; grants; private cameras; or having property seized and sold at auctions. The grants for enforcement are for their efforts against drugs (usually marijuana/cannabis) and driving under the influence. The private cameras placed are placed on public lands generating millions for out-of-state entities at the expense of those ticketed, arrested.
The incentive to arrest first came to our attention when we noticed expensive equipment being awarded by public and private organizations to police agencies that met certain targets for traffic law enforcement. We have written about DUI arrest contests repeatedly.
Disturbing DUI Arrest Contests
We have written about these disconcerting DUI arrest contests in Florida cases repeatedly:
Before you believe that Florida DUI officers do not have an incentive for DUI arrest, there was a recent DUI Award Banquet Honoring Florida Highway Patrol giving away equipment worth tens of thousands of dollars.
DUI Attorney on Florida’s West Coast just uncovered the “rules” for a recent DUI Arrest Contest. The awards are characterized as DUI enforcement equipment, some of it valued at thousands of dollars. As a Criminal Defense Attorney, I am not …
Police Are Taking Vehicles
DUI Florida Vehicle Forfeited – $17,000
Appeals court rules on forfeiture of a vehicle following a conviction for felony driving under the influence.
Appeals court rules (in a case where W.F. ”Casey” Ebsary, Jr. was not the attorney of record) that forfeiture of a vehicle following the conviction for felony driving under influence DUI / DWI constituted a punishment. The court found that the loss of the defendant’s vehicle was subject to a proportionality analysis. Conclusion: Forfeiture of $17,000 vehicle was not grossly disproportionate to defendant vehicle owner’s repeated DUI and related offenses.
Source: 34 Fla. L. Weekly D787a
When Vehicle Forfeiture for a Florida DUI is a problem, Board Certified Criminal Trial Lawyer, W.F. ”Casey” Ebsary, Jr. is here to help. Call Toll Free 1-877-793-9290.
Florida DUI Vehicle Forfeiture
Source: http://www.myfoxtampabay.com/subindex/traffic/red_light_camsTampa Redlight Camera Map
by W.F. Casey Ebsary, Jr. – in 530 Google+ circles
A cop from Southwest Florida explains how they decide to issue Red light camera / Traffic Camera citations. With one small Florida town bagging nearly a …
Red-light Cameras Are Legal
The Florida Supreme Court ruled on May 3, 2018, preserving the red-light camera law. Tickets carry a $158 fine. The University of South Florida’s John Large, PhD, Barbara Orban, PhD, and Etienne Pracht, PhD, found in their peer-reviewed statistical analysis that red light cameras do NOT save lives and do NOT save money. They found several government-funded studies actually stated injury or severe crashes increased with the red light cameras. Many Florida cities say they won’t be using them.
Police are stepping up enforcement efforts while all the students are here. Many of the beach roads have very low-speed limits and strict enforcement. The police will be especially strict with 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 students’ activities. Do not Come on Vacation Leave on Probation. Most counties will be looking for underage drinkers and arresting them.
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 a bad decision for those suspected of DUI. Especially relevant one court just ruled that a DUI Officer did not have probable cause to ask a defendant to submit to a 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 the level for the presumption of impairment. Nevertheless, the police officer saw the DUI defendant lying in a vehicle. Then 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 of the unqualification of the Officer 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 in favor of suppressing the refusal to submit. Read about efforts to improve qualifications of officers.
Refusal to Submit to Chemical Test Case Excerpts:
Before The Trial, The Court Allowed The Refusal To Submit Into Evidence
“[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.”
Collecting And Testing Urine Are Considered Searches
“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, it is clear that the collection and testing of urine intrude 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). “
An Officer Must Look At The Whole Picture
“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 Officer’s Hunch Is NOT Enough
“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.”
Since the site of the Stanley Cup Playoffs is in Tampa, Florida there will be an influx of activity and people. Also, the Tampa Police Department’s intensive DUI enforcement zone is in the heart of Tampa near Amalie Arena. So 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 the tactical use of special teams to conduct traffic stops near sporting events and bars. In addition, a former Tampa Police Department Sergeant gives testimony in Tampa Bay police tactics in this video. This former sergeant won’t be working but there are plenty more just waiting to arrest people.
The Channelside area will be the focus of the DUI Tampa traffic cops. Assume they watch and wait at parking lots, act on tips received by phone and other types of electronic messages. The police often receive tips to watch locations from phone calls, text messages, emails, letters, and photos. Furthermore, a 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, as well as Hillsborough counties in Florida. In addition, 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
Plant City DUI Attorney Florida Defense Lawyer
Stop Worrying Call An Experienced DUI Plant City Attorney Now! 813-222-2220