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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
D U I, Driving under influence, Driving Under Influence Defense Attorney, dui, DUI Arrest, DUI Florida, DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, DUI News, DUI Tampa, DUI Tampa Attorney, DUI Tampa Defense Attorney, DUI Tampa Lawyer, DUI Temple Terrace, DUI University of South Florida, Hillsborough Arrest, Hillsborough DUI, Hillsborough DUI Attorney, Hillsborough DUI Attorney Lawyer, Hillsborough DUI Lawyer, How to avoid a DUI, Plant City DUI, Plant City DUI Attorney, Plant City DUI Lawyer, Reducing Impaired Driving Recidivism, RIDR, Tampa, Tampa Attorney, Tampa Driving Under Influence, Tampa DUI, Tampa DUI Attorney, Tampa DUI Defense, Tampa DUI Defense Attorney, Tampa DUI Florida, Tampa DUI Lawyer, Tampa Florida DUI Attorney / Lawyer, Tampa Lawyer, Tampa Palms, Tampa Palms DUI, Temple Terrace DUI

Reducing Impaired Driving Recidivism – RIDR

Reducing Impaired Driving Recidivism - RIDR
RIDR A New Hillsborough County DUI Initiative

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.

dui, Dui Defense Attorney, dui lawyer, dui pinellas, pinellas dui attorney, Tampa DUI, Tampa DUI Lawyer

Avoid DUI: Fun & The Super Bowl

How To Avoid DUI Charge

The Big Game Avoid DUIYou want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber,  Lyft maybe even staying where you are.

 

What is Important?

You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:

  • money
    • lost wages,
    • court costs,
    • bail costs,
    • defense costs,
    • if you are adjudicated the increase in insurance costs,
    • sometimes costs associated with education,
  • time
    • time getting booked
    • time in court
    • time negotiating how to get back and forth to work or groceries or picking up kids
    • time learning about the charge
    • time deciding what attorney to hire
    • time away from family and friends
  • stress
    • stress of the DUI stop with the police
    • stress of being booked into the jail
    • stress of court proceedings
    • stress loss of driving
    • stress of loss of work

You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.

To find out what we say about avoiding DUI charges at other prime times:

gasparilla festival

labor day

4th of July

New Year’s Eve

 

Easter

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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
316.1933.C12A, Driving Under Influence DUI Property Damage Injury 2nd Conviction, DUI W PROP DAMAGE OR PERSNL INJURY 2ND CONV, Tampa DUI Lawyer

TRAF1019 DUI W PROP DAMAGE OR PERSNL INJURY 2ND CONV

316.1933.C12A, Driving Under Influence DUI  Property Damage Injury 2nd Conviction, DUI W PROP DAMAGE OR PERSNL INJURY 2ND CONV, Tampa DUI Lawyer, TRAF1019,
Driving Under Influence DUI
Property Damage Injury 2nd Conviction

TRAF1019 is the charge code used by police, jails, prosecutors, judges, and courts to classify a traffic crime as Second Offense Driving Under Influence / DUI Property Damage Injury 2nd Conviction.

Driving Under Influence DUI Property Damage Injury 2nd Conviction

The charge is the 197th of the most frequently charged crimes out of over the 1500 ways to end up in the Tampa jail. The Top 50 ways to get arrested in Hillsborough County Florida are listed here. The List of Top Criminal Traffic Charges are here.

In Florida, there are enhanced penalties for multiple DUI incidents. A second DUI has enhanced penalties, including extended driver’s license suspensions, installation of an ignition interlock, increased fines and up to a year in the Hillsborough County Jail. The Florida DUI law reads, in part, “Any person . . . Who operates a vehicle; and . . . by reason of such operation, causes or contributes to causing . . . Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A driver convicted of this charge is looking at a year in jail.

If you have been charged with TRAF1019 DUI W PROP DAMAGE OR PERSNL INJURY 2ND CONV you can call a Tampa DUI Lawyer at 813-222-2220 for FREE and discuss how to fight these charges.

Form Code: TRAF1019


Florida Statute: 316.1933.C12A
Level: Misd (Misdemeanor)
Degree: 1st
Description: DUI W PROP DAMAGE OR PERSNL INJURY 2ND CONV

TRAF1019 DUI W PROP DAMAGE OR PERSNL INJURY 2ND CONV is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL


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.
(12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other evidence. This presumption may be considered along with any other evidence presented in deciding whether the defendant has been previously convicted of the offense of driving under the influence.

Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

316.193.1 4, DRIVING UNDER THE INFLUENCE (OVER 0.15), DUI Over .015, Tampa DUI Lawyer, TRAF1009

TRAF1009 DRIVING UNDER THE INFLUENCE (OVER 0.15)

316.193.1 4, DRIVING UNDER THE INFLUENCE (OVER 0.15), DUI Over .015, Tampa DUI Lawyer, TRAF1009,
DUI Over .015

What is TRAF1009?


The Hillsborough County Sheriff’s Office, the Clerk of Court, and the State Attorney use charge codes to describe the allegations in a criminal case. In this case, the charge means a misdemeanor DUI with an alleged Blood Alcohol / Breath test result over .15. This charge results in double the penalties and a mandatory Interlock, if convicted.

Form Code: TRAF1009


Florida Statute: 316.193.1 4
Level: Misd (Misdemeanor)
Degree: 1st

Description: DRIVING UNDER THE INFLUENCE (OVER 0.15)

TRAF1009 DRIVING UNDER THE INFLUENCE (OVER 0.15) is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL


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.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
    
1. By a fine of:
       
 a. Not less than $500 or more than $1,000 for a first conviction.
        
b. Not less than $1,000 or more than $2,000 for a second conviction; and
    
2. By imprisonment for:
        
a. Not more than 6 months for a first conviction.
        
b. Not more than 9 months for a second conviction.
    
3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

(b) 1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
    
2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
    
3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes or contributes to causing:
    
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    
2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    
3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
        
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
        
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
            
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
            
(II) The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071.

A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:
    
(a) By a fine of:
        
1. Not less than $1,000 or more than $2,000 for a first conviction.
        
2. Not less than $2,000 or more than $4,000 for a second conviction.
        
3. Not less than $4,000 for a third or subsequent conviction.

(b) By imprisonment for:
    
1. Not more than 9 months for a first conviction.
    
2. Not more than 12 months for a second conviction.

For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher.

(c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a second offense, when the convicted person qualifies for a permanent or restricted license.

DUI Videos, Ray Fernandez, Tampa DUI, Tampa DUI Lawyer, Tim McGinnis, Video

Tampa DUI Lawyers – Charges Dropped – Video Updates

We have the
complete report here
Tampa DUI Lawyers are watching the latest DUI Scandal Update. Tampa Police should expand their use of video recordings in all phases of DUI investigations. Here is what the panel that investigated the Tampa Police Department DUI scandal recommended: 

Police reports should be more thorough.

DUI Incident Report Forms should be updated

Field sobriety tests should be expanded

Video recordings should be expanded to all phases of the investigation

Update the policy on urine testing

Update the Tampa Police DUI investigation guide

TPD should be in Regular communication with the State Attorney’s office.

Tampa DUI Lawyers DUI Scandal Update: 

Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI cases. The subjects of the investigation – the cases involving two Officers: Ray Fernandez,  Tim McGinnis. We have suspected that DUI cops were watching people and places for reasons they often would not admit. To his credit, the officer in the video below tells us they watch parking lots, act on tips received by phone and other types of electronics messages. We have protected the identity of one officer and give him credit for testifying so candidly. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures he says, “I get all kinds of stuff.”

In early August, I met with an investigative reporter with a major media outlet in Tampa Bay and shared what we had already uncovered in our review of DUI case procedures. Video Below:

  http://WFLA.images.worldnow.com/interface/js/WNVideo.js?rnd=767347;hostDomain=www.wfla.com;playerWidth=500;playerHeight=355;isShowIcon=true;clipId=9176209;flvUri=;partnerclipid=;adTag=News;advertisingZone=;enableAds=true;landingPage=;islandingPageoverride=false;playerType=STANDARD_EMBEDDEDscript;controlsType=overlayWFLA-TV News Channel 8

Tampa DUI Charges Dropped after this cop testified and the DUI prosecutors investigated. Here is the video and the Tampa Bay DUI report. Tampa Bay DUI Officers Watch Bar Parking Lots. We recently got some interesting video of testimony from a top DUI Sargeant in Tampa Bay DUI law enforcement. He candidly admits the obvious – cops sit on bar parking lots. We have the complete report here: http://duifla.com/TampaDUIDismissed.pdf

Assume this is the practice everywhere. One DUI attorney has said “as 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.” The DUI prosecutors did not file the case after trying to interview the tipsters and other witnesses.

Excerpts:

To sum it all up, the major admissible evidence to potentially prove DUI would be:
alcohol consumption
an arguably illegal lane change
odor of alcohol
refusal to take a breathalyzer

The likely evidence the defense would present:
eyewitnesses who would say Campbell was not impaired
favorable video
prevented from doing FST’s

The above evidence would be insufficient to sustain a conviction even if there was no evidence of a set up. However, there would be no legal vehicle to limit the defense in presenting evidence regarding the behavior of Personius, et al. Sgt. Fernandez’s and Ofc. McGinnis’ credibility would become a significant issue which would be exploited by the defense.

Although it would have been preferable for Campbell to have taken the breathalyzer, it could be reasonably argued that once Ofc. McGinnis refused to allow Campbell to do FST’s that there was no interest in proving Campbell guilty of DUI, but, rather, the goal was to arrest Campbell to benefit Sgt. Fernandez’s friend, Filthaut, and the A & D law firm in a pending civil trial.

The public relations mantra from A & D has been that they vere only helping get a drunk driver – off the streets. This rings hollow when you consider the time, effort and subterfuge used by them to get Campbell on the streets. Besides the abovementioned proof problems, to prosecute Campbell would require us to adopt the worrisome behavior of all involved. Based upon all of the above, we should file a Nolle Prosse.

Sources: http://www.myfoxtampabay.com/story/20973414/2013/
02/05/more-details-emerge-in-alleged-dui-set-up

http://www.tampabay.com/news/courts/prosecutors-drop-dui-charge-against-todd-mj-schnitts-attorney-citing-set-up/2133760

http://www.tampabay.com/news/tampa-police-chief-to-hold-news-conference-on-dui-unit/2135036

Tampa DUI Lawyer Attorney