Florida imposes escalating penalties for second DUI offenses. If the DUI occurs within 5 years with a BAC below .15, fines amount to $1,518, a 12-month probation, and a mandatory 5-year license revocation. Jail time ranges from 10 days to 9 months, with a 30-day vehicle impound. Higher penalties are levied for a BAC of .15 or higher, reaching $2,558, a 10-day to 12-month jail term, and a 30-day vehicle impound. Ignition Interlock is mandatory for 1 to 2 years.
For second DUIs outside 5 years, fines and probation remain the same, but license revocation is 6 months to 1 year. Jail time is up to 9 or 12 months, with a 10-day impound. All cases involve mandatory attendance at the Multiple Offender DUI School and Alcohol Evaluation & Treatment. These penalties aim to deter repeat offenses and ensure public safety. Florida Statutes and Chapter 322 provide legal references.
Avoiding a second conviction for driving while impaired is crucial for several reasons, primarily centered around legal, personal, and societal consequences:
Legal Ramifications: A second DUI conviction often results in harsher penalties, including increased fines, longer license suspensions, and extended jail sentences. The legal system imposes progressively severe consequences for repeat offenses, making it imperative to avoid a second conviction to mitigate these repercussions.
Financial Consequences: The financial burden of a second DUI is significantly higher than the first, encompassing increased fines, legal fees, and potential court-ordered programs. Additionally, the cost of obtaining SR-22 insurance, mandatory for individuals with DUI convictions, can escalate with each subsequent offense.
Impact on Driving Privileges: A second DUI conviction typically leads to a more prolonged license suspension or revocation, limiting personal mobility and potentially affecting employment opportunities. This loss of driving privileges can disrupt daily life and contribute to financial strain.
Employment and Education: A second DUI conviction can jeopardize current employment and hinder future career prospects. Many employers conduct background checks, and a DUI on record may be viewed negatively. Additionally, educational institutions may consider DUI convictions when evaluating applications.
Insurance Premiums: Car insurance premiums are likely to increase significantly after a second DUI conviction. Insurance companies view individuals with multiple DUIs as high-risk, resulting in higher premiums or even difficulty securing coverage.
Public Safety Concerns: Repeat DUI offenses pose a greater risk to public safety. By avoiding a second DUI conviction, individuals contribute to a safer road environment, reducing the likelihood of accidents and injuries caused by impaired driving.
Personal Well-being: Beyond legal and financial consequences, a second DUI conviction can have profound personal and emotional effects. It may strain relationships, lead to increased stress, and negatively impact mental well-being.
In summary, avoiding a 2nd DUI conviction is crucial to minimize legal, financial, and personal consequences, maintain driving privileges, and safeguard employment opportunities.
With a track record of delivering effective legal representation, Casey Ebsary can help safeguard your rights, minimize penalties, and explore avenues for a favorable resolution. Don’t navigate the legal system alone; call Casey the Lawyer at 813-222-2220.
Time is of the essence, and securing skilled legal counsel is the first step toward mitigating the impact of a second DUI. Act now to protect your future and schedule a consultation with Casey the Lawyer.
Street racing in the Tampa Bay area has become a prevalent issue, with enthusiasts seeking the thrill of speed often crossing legal boundaries. As a criminal defense attorney in the region, I’ve witnessed the consequences that individuals face when caught in the web of street racing, reckless driving, and speed traps. This article sheds light on the recent developments, legal implications, and the impact of social media on this subculture.
Street racing has deep roots in Tampa Bay’s nightlife, but the advent of social media has given this subculture a new platform. Enthusiasts use platforms like Instagram and YouTube to showcase their high-speed escapades, attracting attention and followers. Despite legal implications, the allure of social media attention remains a powerful motivator for participants.
Custom Cars and the Quest for Attention
Custom car shops, prevalent in the Tampa Bay area, contribute to the street racing scene. There is a distinction between legal racing and illegal street racing. One Tampa Bay shop focuses on customizing high-performance cars for legal racing, emphasizing safety on tracks with proper equipment.
Recent Crackdown on Gandy Boulevard
Law enforcement agencies in the Tampa Bay, including the Tampa Police Department and the St. Petersburg Police Department are taking robust measures to address the escalating issue of street racing, exemplified by a recent crackdown on Gandy Boulevard. In a coordinated effort involving six agencies, a total of 223 citations and 156 warnings were issued to drivers. The primary infractions leading to these penalties were drivers exceeding speed limits by a substantial margin, specifically 20 to 30 miles per hour.
This collaborative operation, which included the Florida Highway Patrol, Hillsborough Sheriff’s Office, Pinellas Sheriff’s Office, Pinellas Park Police Department, Tampa Police Department, and St. Petersburg Police Department, reflects a collective commitment to enhancing public safety and curbing the dangerous trend of street racing.
The elevated enforcement efforts were particularly targeted at curbing excessive speeds, a common feature of street racing activities. The severity of injuries and damage resulting from high-speed incidents underscores the critical importance of adhering to posted speed limits. By enforcing these limits, law enforcement aims to mitigate the potential for accidents, injuries, and fatalities on roadways.
These joint initiatives serve as a proactive response to the growing challenges posed by street racing, emphasizing the need for a comprehensive strategy to deter illegal racing activities. The involvement of multiple agencies signals a united front against this issue, emphasizing the collaborative approach needed to effectively address the complexities of street racing in the region.
It is essential for drivers and the community to recognize the significant consequences associated with engaging in street racing activities. Beyond the immediate legal penalties, the potential for severe injuries and property damage highlights the grave risks involved in these high-speed pursuits.
Law enforcement agencies, by issuing citations and warnings, are sending a clear message that street racing will not be tolerated. This crackdown aligns with broader legislative efforts to enhance penalties for street racing offenses, aiming to create a deterrent against this hazardous behavior.
As part of a community committed to safety, individuals are encouraged to stay informed about the legal consequences of street racing and to actively support law enforcement efforts. Public awareness, combined with strict enforcement and legislative measures, can contribute to making roadways safer for everyone.
In light of these developments, it is crucial for individuals to be aware of the legal repercussions of street racing and to prioritize safety on the roads. If you or someone you know is facing legal issues related to street racing, seeking legal advice from a qualified attorney is paramount.
Legal Assistance: Facing legal trouble? Reach out to us now to discuss your case. We defend those accused of street racing offenses.
Law enforcement agencies in Tampa Bay are intensifying efforts to curb street racing, as evidenced by a recent crackdown on Gandy Boulevard. In a joint operation involving six agencies, 223 citations and 156 warnings were issued to drivers, primarily for exceeding speed limits by 20 to 30 mph. The severity of injuries and damage resulting from high-speed incidents underscores the importance of adhering to speed limits.
Florida’s efforts to combat the alarming rise of street racing and reckless driving have culminated in a robust legal framework aimed at curbing this dangerous trend. Under Florida law, engaging in street racing or exhibitions of speed is a criminal offense, subject to severe penalties. The statute, found in Section 316.191 of the Florida Statutes, defines street racing as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other or demonstrate superiority.
The penalties for street racing in Florida are substantial. Convicted individuals may face fines, mandatory community service, and even imprisonment. The severity of the penalties depends on various factors, such as prior convictions, property damage, or injury caused during the illegal race. Additionally, law enforcement officers can impound the vehicles involved in street racing incidents.
Florida’s legislative response has been proactive in addressing the challenges posed by street racing. The introduction of the new law, effective since October 1, 2023 allows law enforcement to pursue charges based on video evidence of street racing and takeovers. This innovative approach enhances the authorities’ ability to identify and penalize offenders even in the absence of direct observation.
For those seeking a comprehensive understanding of the Florida Street Racing statute, the full text can be found in the Florida Statutes, Section 316.191, accessible here. It is imperative for individuals to familiarize themselves with these legal provisions to avoid the serious consequences associated with street racing and to contribute to the overall safety of Florida roadways.
Florida’s Legislative Response
Senator Jason Pizzo, alarmed by the escalation of street racing incidents, successfully sponsored legislation to combat this issue. The new law, effective since October 1, allows law enforcement to pursue charges based on video evidence of street racing and takeovers. Violators face first-degree misdemeanor charges, with fines ranging from $500 to $1,000, and potential driver’s license revocation for up to a year.
Senator Pizzo emphasizes the need for legislative action to address not only street racing but also dangerous street takeovers. These takeovers, involving blocked intersections and car tricks, create chaotic scenes that can turn deadly. The legislation aims to hold individuals accountable for their actions, even in the absence of law enforcement witnessing the incidents.
Based on arrest reports, the Gandy Bridge emerges as a common location for street races in Tampa Bay. Whether planned or spontaneous, these races often involve vehicles reaching speeds well above legal limits. The Florida Highway Patrol’s dashcam footage depicts the challenges faced by law enforcement in apprehending drivers engaged in unsafe speeds.
As a criminal defense attorney, who has represented multiple racers in multiple levels of motorsports, deeply invested in the Tampa Bay community, I urge individuals to prioritize safety over the thrill of street racing. The legal consequences are severe, and the risks extend beyond the participants to innocent bystanders. By staying informed, raising awareness, and seeking legal assistance when needed, we can collectively contribute to making our roads safer for everyone.
Table – Who will be the Judge in My Street Racing Case?
First Letter Last Name
A G O S U
B F I P Q Z
D E M V X Y
FARR, Scott A.
C K R T
RICH, Jeffrey M.
H J, L W
CONRAD, John N.
Know your rights. Contact us for a free consultation on your case.
Dine, Dance, and Detained: How to Avoid DUI Charges – Tips From a Tampa DUI Attorney
DUI attorneys in Tampa know there are certain locations generally and several bars, specifically that generate much of the DUI traffic stop action for law enforcement agencies. Police are tracking where drivers who have been arrested reported having their last drink. Unfortunately, for the bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers. Not surprisingly, in general, the neighborhoods close to the Tampa Police Department headquarters are hot spots for DUI arrests. Hyde Park and Ybor City are frequent entries on incident reports according to the media. Best advice – make sure to arrange a ride home.
“Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.”
Video of a driving under the influence traffic law enforcement officer from court proceedings at the Hillsborough County Courthouse told drivers what many already knew – cops watch bar parking lots. Now drivers and visitors know which geographic areas and which bars are most likely to have officers waiting to issue DUIs.
“The last-drink survey system does have some flaws, Morgan admitted.” Some of the people with DUI charges were drinking at a private residence or refuse to answer deputies’ questions.
The Town N’ Country area located just west of Tampa International Airport is one of the Tampa DUI hot spots. The roads near the airport are confusing and with so much construction. The signage is unfamiliar and is not always clear. The basis for some of these traffic stops is improper lane changes. Visitors are the frequent victim of DUI patrol officers in this section of Hillsborough County, Florida.
Another Tampa DUI hot spot, the Hyde Park neighborhood has several streets that are one-way only. Officers wait for moving violations like not coming to a complete stop, going the wrong way on a one way or weaving to investigate the potential DUI.
5 Bars in Hillsborough County
“Bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers.”
MacDinton’s 405 South Howard Avenue, Tampa, FL 33606
The Kennedy 2408 West Kennedy Boulevard, Tampa, FL 33609
Peabody’s 15333 Amberly Drive, Tampa, FL 33647
G Bar/Fusion 1401 East 7th Avenue, Tampa, FL 33605
“Police officer candidly admits the obvious – cops sit in bar parking lots.”
The most frequently reported last drink taken occurs at some of the places listed below. Cops ask people they have arrested:
Where have they been?
How much they drank? and
Where were they going?
Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.
Where to go to Increase the Odds of a DUI Arrest
“Next time you visit some of the area’s more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.’ TBO.com
2- The Kennedy
3- Hyde Park Cafe
4- Seminole Hard Rock Casino
6- The Lodge
7- Blue Martini
8- CDB Pizza
9- The Drynk
10- Gaspar’s Grotto
The State Of Florida Department Of Highway Safety And Motor Vehicles
Bureau Of Administrative Reviews
CAUTION: Special Option DUI Hearings for First Time DUI Cases
First, this DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605 holds many DUI Hearings.
Detailed Information Request For Eligibility Review – Business Purposes Only
Now, DUI Defendants have another confusing decision to make. The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews allows a Request For Eligibility Review. Furthermore, the program has a few drawbacks.
While requesting this a driver may stay on the road for business purposes only. As a result, selecting this strategy results in a DUI Suspension that cannot be avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Using this form (HSMV 72034) the DUI Suspension can be limited, but not avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Nevertheless, you or your lawyers can request a review of your record for the purpose of reviewing and determining eligibility for immediate reinstatement of your driving privilege on a restricted basis as provided in section 322.2615(1)(b)3, Florida Statutes.
DUI Formal Review Hearings in Tampa, FL: Understanding Your Rights
If you’ve recently been arrested for DUI in Tampa, Florida, it’s crucial to be aware of the administrative suspension of your driver’s license. You have a limited window of 10 days after the arrest to request a formal review hearing to contest this suspension. The specific regulations governing this process are outlined in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code.
The administrative suspension is triggered by a DUI arrest involving either a refusal to take a breath test or a recorded breath test reading above .08. Engaging an experienced DUI attorney at this stage is essential due to the intricacies involved in challenging the administrative suspension of a Florida driver’s license.
Our firm is well-versed in effective strategies for conducting formal review hearings in Florida, aiming to contest administrative suspensions successfully. Winning this hearing is a pivotal step in safeguarding your driving record and shielding yourself from the repercussions associated with being deemed to have driven under the influence of alcohol or drugs, even if you later avoid a DUI conviction in the criminal case.
The driver must understand the restriction is for Business Purposes Only as defined in section 322.271, Florida Statutes and the driver must pay a $25.00 filing fee for this review, pursuant to section 322.21(9)(a). The driver must also pay a reinstatement fee of around $200.00 to get the restricted license.
The driver must understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes. First driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level has 6 months suspension. Then Refusal to Submit to a Breath, Blood or Urine Test has 1-year suspension.
Reinstatement of the driving privilege uses statutory eligibility requirements. These include enrollment in DUI School. A driver must also understand that acceptance of the reinstated driving privilege as provided in section 322.271(7) Florida Statutes, is deemed a waiver of my right to formal and informal review under section 322.2615, Florida Statutes.
The Form, HSMV 72034 (0512013) is available by email upon request from our office.
Why is the Administrative Hearing Important?
Successfully navigating the formal review hearing process offers several benefits under Florida law:
Temporary Business Purpose Only (BPO) License: Requesting a formal review hearing provides an opportunity to obtain a 42-day BPO license (commonly known as a hardship license), allowing you to continue driving for business purposes while your attorney challenges the administrative suspension.
Non-appearance of Witnesses: If the arresting officer or breath test operator fails to appear after being served with a subpoena, you automatically win the administrative hearing.
Subpoena Power: You can subpoena witnesses, and if they fail to appear, you can secure an extended driving permit while your attorney enforces the subpoena against them.
Insufficient Evidence: If there is inadequate evidence to support the necessary showing required to uphold the suspension, you may win the hearing.
Invalidation of Suspension: Winning the hearing results in the invalidation of the administrative suspension, nullifying the actions taken by the arresting officer at the arrest scene.
Early Defense Exploration: Even if you lose the hearing, your attorney can subpoena witnesses, inspect calibration records, and explore crucial defenses early in your case.
Additionally, questioning officers or civilian witnesses during the hearing allows your attorney to lock them into their testimony, providing an opportunity to exploit inconsistent statements or disprove certain versions of events early in the case.
During the formal review hearing, the Florida DHSMV hearing officer will assess the evidence presented to determine, by a preponderance, if there is sufficient cause to uphold, modify, or annul the suspension of the driver’s license according to Florida Statutes Section 322.2615.
Key matters to be decided in the DUI formal review hearing when the driver is accused of exceeding the legal limit include:
Whether the DUI officer had reasonable grounds to believe that the individual was operating or in control of a vehicle in the State of Florida while under the influence of alcohol or controlled substances.
Whether the individual had an unlawful blood-alcohol level or breath alcohol level (BAL) of .08 or higher, as specified in Florida Statute 316.193.
For cases where the driver is accused of refusing a breath or urine test, the following issues will be considered:
Whether law enforcement had reasonable cause to believe the individual was driving or in control of a motor vehicle in the State of Florida under the influence of alcohol or a controlled substance.
Whether the individual declined to undergo a urine or a test measuring breath or blood alcohol level after being asked by a law enforcement officer.
Whether the individual was informed that refusing a test would result in a one-year suspension of their privilege to operate a motor vehicle, or in the case of a subsequent refusal, an eighteen-month suspension.
Additionally, the hearing officer must address whether the refusal to take a breath test occurred in connection with a lawful arrest.
Bureau of Administrative Reviews Office Locations
Tampa DUI Defense AttorneyW.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service. It is also useful for those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. Therefore, the Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews DHSMV are listed below. The hearing is usually requested on a special form, with required documentation, and a filing fee. Especially relevant, failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.
Before deciding to waive your right to challenge a suspension, carefully consider what a waiver of your rights means. Most noteworthy, we request and handle these hearings for our Driving Under the Influence clients.
We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”
Reducing Impaired Driving Recidivism – RIDR
Program To Help Reduce Repeat DUI Offenders
This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.
This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.