Category: DUI News

1st Time DUI, DUI News

TRAF1012 DRIVING UNDER THE INFLUENCE

W F Casey Ebsary Jr

 Driving Under the Influence Misdemeanor

316.193, Driving under the influence ( DUI ), DUI Driving Under Influence, TRAF1012,
Driving Under the Influence Misdemeanor TRAF1012 First Time DUI in Hillsborough Tampa Florida
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.

 If you have been charged with Driving Under the Influence Misdemeanor – Call an Expert Defense Attorney at 813-222-2220.

Understanding First DUI Charges in Tampa, Florida

Driving under the influence (DUI) is a serious offense in Tampa, Florida, and the rest of the state. In Hillsborough County, being charged with a DUI for the first time can be a daunting experience. If you are facing a first DUI charge, it is essential to understand what is required to prove guilt, the Florida DUI law, and the penalties that come with the offense.

What is Needed to Prove Guilt in a First DUI Case?

To prove a driver is guilty of a first DUI offense, the prosecution needs to provide evidence of the following:

  1. The defendant was operating a vehicle while under the influence of alcohol or drugs
  2. The defendant had a blood alcohol concentration (BAC) of 0.08% or higher
  3. The defendant’s normal faculties were impaired while driving

It’s important to note that a DUI charge can still be pursued even if the defendant refuses to submit to a breathalyzer or chemical test.

The Florida DUI Law

The Florida DUI law is a complex set of regulations that set out the rules and penalties for DUI offenses. The key provisions of the law are as follows:

  1. A first DUI offense is considered a misdemeanor
  2. Penalties for a first DUI offense can include up to six months in jail, a fine of $500 to $1,000, and a license suspension of up to one year.
  3. If the driver’s BAC is 0.15% or higher, the fines and penalties increase.
  4. The driver may also be required to attend a DUI school, perform community service, and install an ignition interlock device (IID) in their vehicle.

The Florida DUI law also includes provisions for enhanced penalties for repeat offenders.

Understanding the TRAF1012 Charge Code

The TRAF1012 charge code is used by police officers, prosecutors, judges, and clerks of court to identify a first-time DUI offense. This code is essential for tracking and documenting DUI cases within the state’s legal system. If you have been charged with a DUI, it’s essential to understand the TRAF1012 code and what it means for your case.

The Penalties for a First DUI Offense

The penalties for a First DUI offense in Tampa, Florida, can be severe. Second DUI charges are worse.  These penalties can include the following:

  1. Jail Time: A first-time DUI offense can result in up to six months in jail, although this is rare for a first-time offender.
  2. Fines: The fine for a first DUI offense can range from $500 to $1,000, although additional court costs and fees can increase this amount.
  3. License Suspension: A first DUI offense can result in a license suspension of up to one year, although the driver may be eligible for a hardship license.
  4. DUI School: The driver may be required to attend a DUI school or substance abuse treatment program.
  5. Community Service: The driver may be required to perform community service as part of their sentence.
  6. Ignition Interlock Device (IID): The driver may be required to install an IID in their vehicle, which requires them to pass a breathalyzer test before starting the car.

Defending Against a First DUI Charge

If you have been charged with a first DUI offense, it’s essential to understand that there are defenses available to you. Some common defenses used in DUI cases include the following:

  1. Lack of Probable Cause: The police must have a valid reason for stopping your vehicle, such as a traffic violation or suspicion of DUI. If they did not have probable cause, your charges may be dismissed.
  2. Inaccurate Field Sobriety Tests: Field sobriety tests, such as the walk-and-turn or one-leg stand tests, are not always accurate indicators of impairment. If the tests were conducted improperly, your charges may be dismissed.
  3. Inaccurate Breathalyzer Test: Breathalyzer tests can produce false positives or inaccurate results for various reasons. If the test was administered improperly or the machine was not calibrated correctly, your charges may be dismissed.
  4. Medical Conditions: Some medical conditions can mimic the symptoms of intoxication, such as diabetes or neurological disorders. If you have a medical condition that affected your performance on the field sobriety tests, your charges may be dismissed.

It’s important to remember that every case is unique, and the best defense strategy will depend on the specific facts and circumstances of your case.

The Importance of Hiring a DUI Defense Attorney

If you are facing a first DUI charge, it’s essential to hire an experienced DUI defense attorney. A qualified attorney can help you understand your legal rights and options, build a strong defense strategy, and guide you through the legal process.

Some of the benefits of hiring a DUI defense attorney include:

  1. Legal Knowledge and Expertise: A DUI defense attorney has specialized knowledge and experience in defending clients against DUI charges. They can help you navigate the legal system and understand your rights and options.
  2. Building a Strong Defense: An experienced attorney can help you build a strong defense strategy tailored to the specific facts and circumstances of your case.
  3. Negotiating Plea Deals: In some cases, a plea deal may be a viable option for resolving your case. A DUI defense attorney can negotiate with the prosecution to secure the best possible plea deal on your behalf.
  4. Representing You in Court: If your case goes to trial, a DUI defense attorney can represent you in court and present a strong case on your behalf.

Call a DUI  Expert 813-222-2220

If you are facing a first DUI charge in Tampa, Florida, it’s essential to take the charge seriously and hire an experienced DUI defense attorney. A qualified attorney can help you understand your legal rights and options, build a strong defense strategy, and guide you through the legal process.

At our law firm I can help you navigate the complex legal system and fight for your rights. Contact us today to schedule a free consultation and learn more about how we can help you defend against your first DUI charge.

 

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.
DUI News

DUI Arrest Contests in Florida

W F Casey Ebsary Jr
DUI Arrest Contest
DUI Arrest Contest
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:

Arrest Contests Continue

One Largo DUI officer has won money for Pinellas DUI Arrests. As attorney W.F. Casey Ebsary has previously reported, various organizations continue to pay awards for criminal charges of DUI.

Florida DUI Contest Winners

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-Arrest Contest Rules and Prizes

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_cams
Tampa Redlight Camera Map
news.duifla.com/2011/07/tampa-redlight-camera-map.html‎

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.

DUI News, Uncategorized, Underage DUI

Video – Come on Vacation Leave on Probation – Spring Break on the Suncoast –

W F Casey Ebsary Jr

Indian Shores Beach Police: Come on Vacation, Leave on Probation

Several colleges and universities have spring breaks that overlap this year. The University of Tampa, University of South Florida, and St. Petersburg College all are on Spring Break on the Suncoast at the same time. There are also students arriving in the Tampa Bay area from all over the country.

“seemingly minor charges can result in a 
permanent criminal record”

 

Come on Vacation Leave on Probation

 

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. “
Brandon, Breath Test Refusal, DUI News

DUI Refusal to Submit to Chemical Test | 813-222-2220

W F Casey Ebsary Jr
“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 §316.193(1), Brandon DUI Attorney, Chemical Test, Driving Under Influence Defense Attorney, dui refusal, Tampa Driving Under Influence Defense, Urine,
Refusal to Submit to Chemical Test in a DUI

Refusal to Submit to Chemical Test in a DUI

Driving Under Influence Defense Attorney in Tampa reports that the Refusal to 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.”
Source: FLWSUPP 1807ESTR
DUI News, Tampa

Avoiding Amalie Arena DUI | Stanley Cup Playoffs | 813-222-2220

W F Casey Ebsary Jr

Amalie Arena

Stanley Cup DUI Tampa

DUI For Visitors to Stanley Cup Playoffs

DUI For Visitors to Stanley Cup Playoffs

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.

Link to Interactive Map: 

DUI Officers Watch Bar Parking Lots.

“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.

 

Stanley Cup Tampa Police Department DUI Unit
DUI For Visitors to Stanley Cup Playoffs

 

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.

To Learn More See: Tampa DUI Bars and Restaurants – Map of Hot Spots – Amalie Arena DUI Attorney Tampa

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:

www.dui2go.com/2014/09/florida-dui–arrest–contest-costs-1720000.html

 

Rating: 4.9 – ‎Review by Google+

 

Sep 24, 2014 – Read the complete DUI Arrest Contest Winners story here: … DUI Arrest Contests, Driving under the influence ( DUI ), Arrest Contest … contests

https://dui2go.com/dui-arrest-contests-in-florida/ 
#nhl #tampabay #lightning 

Law Office of W.F."Casey" Ebsary, Jr., 2102 W Cleveland St, Tampa, Florida 33606, United States (US) - Phone: (813) 222-2220 Email: centrallaw@gmail.com