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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
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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.

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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
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

Bernie McCabe, dui, DUI Tampa, How Much, Pinellas State Attorney, Tampa DUI

How Much Does a DUI Cop Make?

DUI, DUI Cop, How Much, Tampa DUI, DUI Tampa
How Much Does a DUI Cop
Police Officer make?
DUI is big business in Tampa, Florida. Question: How Much Does a DUI Cop / Police Officer make? A recent investigation uncovered that the former head of the Tampa Police DUI Unit made $92,000-a-year. We have previously covered the activities of this City of Tampa profit center.

What happens to a Police Offer when a police department uncovers allegations of wrong? 

One report notes the D U I cop was “fired on Sept. 27 for lack of truthfulness, misuse of authority and failure to meet the department’s standards of conduct, professional responsibility and philosophy of enforcement.” Notably the video below talks about a case where, “Pinellas State Attorney Bernie McCabe later reviewed the case and dropped the charges after concluding [the case defendant] was set up.

Are you surprised to find out how much they pay a DUI cop. What do you think?

Here is video of his testimony in one of the last cases he handled.
Source: http://tbo.com/news/crime/fired-dui-sergeants-appeal-denied-by-tampa-police-20131108/


316.193(1), 316.193(2)(b)(1), Defense of Necessity, DUI Tampa, Felony driving under the influence, Felony DUI, Tampa DUI

DUI With a Cat That Died

DUI Tampa, Tampa DUI, Defense of Necessity, Fla. Std. Jury Instr. (Crim.) 3.6(k)
Defense of Necessity
One recent decision in Florida’s Second District ruled that getting your cat to an emergency veterinarian was no defense to Felony DUI in Tampa. The opinion can be downloaded here for free courtesy of Tampa DUI Lawyer Casey Ebsary . Sadly, the cat died en route. The Defendant remains convicted as charged.
Here are some excerpts:
Facts:
“At approximately 1 a.m. on October 30, 2010, a Hillsborough County sheriff’s deputy clocked Mr. Brooks’  ehicle travelling at eighty-four miles per hour in a fifty-five mile per hour speed zone. . . Mr. Brooks’ defense was that his friend’s cat was sick, and Mr. Brooks was the only person available who could transport the cat to an allnight veterinary clinic for treatment.”
“[T]he cat’s owner pleaded, “My cat is fixing to die!” In fact, the cat did die, during or shortly after the vehicle stop that resulted in Mr. Brooks’ arrest.”

Rules:

“[W]e must first address whether a claim of necessity is available in Florida as a defense to a charge of driving under the influence of intoxicating beverages.”
Defense of Necessity
In order to be entitled to an instruction on the defense of necessity, the defendant must present evidence of five elements:
(1) [T]he defendant reasonably believed that his action was necessary to avoid an imminent threat of danger or serious bodily injury to himself or others,
(2) the defendant did not intentionally or recklessly place himself in a situation in which it would be probable that he would be forced to choose the criminal conduct,
(3) there existed no other adequate means to avoid the threatened harm except the criminal conduct,
(4) the harm sought to be avoided was more egregious than the criminal conduct perpetrated to avoid it, and
(5) the defendant ceased the criminal conduct as soon as the necessity or apparent necessity for it ended.
The Court cited Reed v. State, 114 So. 3d 969, 972 n.5 (Fla. 5th DCA 2012).

“[P]aragraph 2 of the standard jury instruction on the defense of necessity contemplate an emergency threatening significant harm to the defendant or to “a third person.” See Fla. Std. Jury Instr. (Crim.) 3.6(k).
Holding of the Case
[A] claim of necessity is not available as a defense to a DUI charge in Florida when the asserted emergency involves the threat of harm to an animal instead of a person.
For More Information search for: Defense of Necessity, Fla. Std. Jury Instr. (Crim.) 3.6(k), felony DUI, Felony driving under the influence, 316.193(1), 316.193(2)(b)(1)