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Tampa DUI Lawyer To Challenge License Suspension | DUI Attorney W.F. “Casey” Ebsary Jr.

How can I get my driver’s license back?

Keep Your License, Impress Your Friends
Keep Your License, Impress Your Friends

DUI Tampa Attorney, Casey Ebsary can guide you through the process of getting your driver’s license back. First, you must properly challenge the suspension of your driver’s license. Next, if the driver wins the hearing, then you get your full driving privilege. Sometimes, while the challenge to the suspension is in progress, a driver can get a 42-day restricted business license. However, if you lose the hearing, there will be a hard suspension. During a hard suspension, you cannot drive for any reason. The length of the hard suspension is dependent on the driver’s prior record. With no prior DUI charges then the “otherwise eligible” driver can waive any challenge of the license suspension. Without challenging the license suspension the driver can obtain a business purposes only restricted driver’s license.

Read more about the reinstatement of a driver’s license after a DUI conviction. Then read the exact Florida Department of Highway Safety and Motor Vehicle DUI and Administrative License Suspension Laws here.

Review Department of Highway Safety and Motor Vehicles Forms to get back on the road legally.

Florida Department of Highway Safety and Motor Vehicle DUI and Administrative License Suspension

Have Tampa DUI Attorney Help Get License Reinstated

After, you can also read the precise legal description DHSMV Administrative License Suspension Laws.

Review Department of Highway Safety and Motor Vehicles Forms to get back on the road legally.

Who can get a hardship license (business purposes only or Employment Purposes Only) in Tampa Bay?

Eligible For Hardship Restricted FL License

Florida Statutes 322.271 (1)(c)2 refers to the hardship license or DUI restricted license as a “driving privilege restricted to business purposes only.”

A DUI, a breath result over .o8, or a refusal to submit to a chemical test is cause for driver’s license suspension. A driver with any of these cases may still seek a hardship license. In fact, the driver must have Bureau of Administrative Reviews (BAR) Office hearing to ask for a hardship license. Of course, a hardship license is not automatic. Specifically, the driver and their attorney must work together to get this handled. Then together they must submit a proper request and all the supporting paperwork to the Bureau of Administrative Reviews (BAR). Last, a Hearing Officer reviews the driver’s needs to obtain a hardship license.

There is no guarantee. The hearing officer is kind of like a Judge. Therefore, Hearing Officer may or may not grant the request. Sometimes, they may rule a license is not necessary or the driver may be ineligible. The Clerk of Court and the Driver’s License issuing offices generally do not advise on issues of eligibility for a hardship license. We specifically advise you to contact your lawyer or the Bureau of Administrative Reviews (BAR) for input on eligibility.

How to remove a hardship restriction from a Florida Driver’s License?

Remove Work Permit Only Restriction Off Of Driver's License

DUI Hardship Restrictions automatically expire after a suspension or revocation period is over. Assuming a driver has a valid issued Florida Driver’s license, including the plastic license card, a driver can drive with full privileges and may not be required to get a new plastic drivers license.

And please be careful. Again, driving in violation of your restriction results in an extended suspension on the driving record. It may get the driver arrested, put in jail, require a mandatory court appearance, and cause an additional suspension. If busted, your old license shows an old expiration date but the hardship restriction will not automatically be lifted until the new expiration date (due to the violation of restriction) has passed.

To get a new license issued without the restriction noted on the front of a driver’s plastic license, there are several required pieces of identification to establish identity under the Real ID law. Under the Real ID Act, the driver must produce Identification (ID) in the form of United States Birth Certificate, Proof of any name change(s), United States passport, INS documents, Social Security Card and 2 documents to prove address. There may be an exception if the applicant already has a Real ID Act / Law compliant Florida Driver’s License.

Review Department of Highway Safety and Motor Vehicles Forms to get back on the road legally.

Hire Casey NOW at (813) 222-2220 and rest easy knowing that Casey has been here before and knows how to convince opponents and jurors to do the right thing.

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Can you get a DUI on a lawnmower in Florida? Dashcam Video

Lawnmower DUI Video

Can you get a DUI on a lawnmower in Florida?

Yes – You certainly can get a DUI on a lawnmower in Florida. W.F. “Casey” Ebsary, Jr. just obtained some interesting dash camera video of a nicely-equipped lawnmower that was stopped by a DUI investigator in Florida. Watch this “tricked out” lawnmower with patio umbrella for shade get pulled over.

2018 Florida Statutes 316.193 | Driving Under the Influence

  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:
    1. 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;
    2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
    3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Some people mistakenly think that they can drive a lawnmower, golf cart or bicycle while impaired. On the contrary, the Florida DUI law uses the term “vehicle.” Then Florida Statues define vehicle broadly and easily include cars, lawnmowers, golf carts, bicycles, tricycles, motorcycles.

VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks.

2018 Florida Statutes 316.003 (99) Definitions

If you have a DUI you need an attorney. If this is your first DUI, you may want to read more.

Don’t unwittingly think that as long as you stay off of the roads you can travel around impaired. Florida has more than 65,000 square miles of water. There are also Boating DUI laws (The 2018 Florida Statutes 327.35).

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DUI Media Files

Media Files of the Overview DUI Progression in Tampa Courts

DUI Progression Described By a Board Certified Lawyer Go Over Each Step of a DUI in Tampa Courts

Florida Criminal Procedure described by an expert.

Listen to Expert DUI Attorney Describe the Florida Criminal Procedure

Overview DUI Progression in Tampa Courts

DUI Arrest

A DUI case begins with the commission of a crime. The court receives cases in three ways:

  • The accused arrested at the scene of the crime;
  • Arrest based on a warrant issued by the Court in response to a sworn complaint; and
  • As a result of an investigation and an indictment by a grand jury.

In all instances, the evidence must be sufficient to convince the Court that there is “probable cause” that there was a crime and that the person arrested took part in committing the crime. “Probable Cause” means that there is a reasonable belief that a crime has been committed.


First Appearance Hearing

Within twenty-four (24) hours of the DUI arrest, the Defendant stands before a judge for a first appearance hearing. Then at the hearing, the Judge will set the conditions if any, for release of the defendant from jail. Also, the Judge will explain to the defendant the exact charges. If he or she cannot afford an attorney the judge will appoint the Public Defender to represent the individual at that hearing, If the accused has sufficient roots in a community to ensure that the person will return for trial, the judge may release the accused on his own recognizance pending judicial proceedings. This means the accused does not have to post bond. Some defendants can post a bond prior to the hearing, based on certain conditions. Each morning of the year, there are First Appearance Hearings.


Bond Hearing

There is a list of standard bond amounts, previously determined by the courts. If the defendant is unable to post the standard bond amount, the bond hearing occurs within 5 to 7 days of his arrest. At this hearing, the victim of the offense, if there is one, has the absolute right to bring any facts to the court’s attention, which the victim feels the court should consider in deciding the amount of the DUI bond.


State Attorney DUI Investigation

Sometime after the First Appearance hearing but before the arraignment, the State Attorney will conduct an investigation to determine what, if any, charges to file. A victim of the crime may be notified to appear at the State Attorney’s Office to give a sworn statement regarding the crime. The case against the accused may proceed with or without a victim’s cooperation. The accused will not be present at this meeting.


Charging Decision

After the presentation of your case to the State Attorney, the State Attorney will make a determination as to what action is appropriate. The State Attorney tells the victim the appropriate action. The State Attorney’s Office may do any of the following:

  1. File an Information. Specifically, the information is a formal document containing the defendant’s exact charges filed with the Clerk’s Office.
  2. No File an Information. Conversely, a formal document or Letter of Release stating that the facts and circumstances as presented do not warrant prosecution at this time.

Read about the Individual Florida Statutes:


DUI Criminal Progression of Arraignment

A Tampa DUI Arraignment is the initial court appearance of the defendant. The court will inform the defendant of the charges pending, give the defendant his/her rights, appoint a lawyer if necessary, and hear the plea of the defendant. At the arraignment, the defendant learns the charges before them and the possible penalties for the offense. The defendant may plead guilty, and if so, the judge may impose a sentence at this time. If the defendant cannot afford a private attorney the judge appoints a public defender or volunteer attorney. As with all hearings, the victim of the crime has an absolute right to appear and speak.


Victim Impact Statement


Pre-Trial Intervention

A pre-trial conference is a court proceeding in which the prosecuting and defense attorneys discuss the status of the case with the judge. At this time the lawyers tell the court of a possible plea agreement or the availability of victims/witnesses for trial. In addition, if the defendant, State or Court is not ready for trial and a plea agreement cannot be reached, the judge may grant a continuance of the case. If both the State and the defense cannot agree to a plea and the judge does not grant a continuance, then the case will be scheduled for trial.


Drug Court


Pre-Trial Conference


DUI Trial

At the DUI trial, the judge or a jury of citizens will decide whether the defendant is guilty or not guilty. First, the State will present its evidence. Then the defense will present its evidence. Attorneys for each side will have a chance to ask questions of every witness. The burden of proof is on the State to prove the defendant’s guilt beyond a reasonable doubt. This burden is difficult by design so that innocent people will not be found guilty.


Sentencing

If a defendant pleads guilty, sentencing occurs at the Pre-trial conference. And if the court finds the defendant guilty, sentencing occurs at the trial proceeding. The court, upon a finding of guilt, or plea of guilty, may have the option of sentencing the defendant to a period of probation, community control, jail or prison, and a monetary fine. Florida uses a sentencing guidelines system. The facts of the case and the history of the defendant pre-determines each sentence. The court may impose a sentence above or below the recommended sentence depending upon extenuating circumstances. The court must set forth, in writing the reasons for departure from the recommended range.


Property


Appeal


Prison


Restitution


Florida Criminal System

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Florida, Confessions, DUI, and the Corpus Delicti Rule

Florida, Confessions, DUI, and the Corpus Delicti Rule
Florida, Confessions, DUI, & the Corpus Delicti Rule

What If A Driver Accused Of DUI In Florida Confesses To The Police?

Florida DUI cases are unusual when it comes to confessions. Specifically, admitting driving at the time of the crash is not enough. There must be more evidence. Sometimes. the evidence may be DNA. Periodically, hair samples may be the evidence. Occasionally, the evidence may be the position of the driver at the time of the crash. Police may arrive after the driver has moved from the vehicle. Florida appeals courts have ruled against allowing confession into evidence. They said the state needs to prove corpus delicti of DUI offense with serious bodily injury first. Then the state may introduce defendant’s confession into evidence.

What Is The Definition Of Corpus Delicti In Florida?

There is a Law Journal article “The Anatomy of Florida’s Corpus Delicti Doctrine.” Respected jurist Circuit Judge Tom Barber in Hillsborough County is the author. In it, the judge defines the term, “corpus delicti,” as “the body of a crime.” It requires that first the state proves that a crime has been committed. Then the state may bring a defendant’s extrajudicial (i.e., out of court) confession into evidence in a criminal trial.”

Fl Bar J Volume LXXIV, No. 9 at 80 (Oct 2000). You can review judge Barber’s take on this subject here.

What Is The Law In Florida On Confessions, DUI, And The Corpus Delicti Rule?

There are specific items needed for conviction of DUI with serious bodily injury. First, there must be proof that defendant was driving the vehicle. Also, there must be proof of the defendant’s impairment at the time of crash. Furthermore, there must be evidence independent of the confession that defendant was actually behind wheel at time of crash.

Reported at 30 Florida Law Weekly D2379a

Read about local DUI conviction rates. Learn about how Law Enforcement Testifies in DUI Cases

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What is required for a citizen to make a valid arrest for DUI? DUI Citizen’s Arrest

What is required for a citizen to make a valid arrest for DUI? DUI Citizen's Arrest
What is required for a citizen to make a valid arrest for DUI?

To Make A Valid Arrest For DUI Requires What Of A Citizen?

Sometimes citizens try to detain and arrest driver’s to hold them until the Police to arrive. This citizen’s arrest is not always legal and can result in all evidence seized from the Defendant, including the results of any field sobriety exercises and any matters related to the intoxilyzer test bring suppressed. Then, there is no evidence and there is no DUI conviction. McAnnis v. State, 386 So.2d 1230 sets the standard for a valid citizen arrest (Fla. 3d DCA 1980). The crime of DUI constitutes a breach of peace, for which a citizen who has observed said breach can effect a citizen’s arrest.

Officers did not have probable cause to arrest defendant for DUI where officers observed defendant standing beside vehicle parked in wrong direction on side of highway but did not observe her driving or in actual physical control of vehicle”

FLORIDA LAW WEEKLY FLWSUPP 2404LEDF

The standard for a valid citizen’s arrest is as follows:

  1. a purpose or intention to effect an arrest under a real or pretended authority;  
  2. an actual or constructive seizure or detention of a person by another person who has the ability to control the person arrested;  
  3. the arresting officer must clearly communicate their intention or purpose, then and there, to effect an arrest; and
  4. the person must understand the officer’s intentions.

Citing Melton v. State, 75 So.2d 291, 294 (Fla. 1954) (citation omitted). State v. Parnell, 221 So.2d 129 (Fla.1969); Bey v. State, 355 So.2d 850 (Fla. 3d DCA 1978).

Complete Text of Recent DUI Citizen’s Arrest Opinion

STATE OF FLORIDA vs. XXXXXXX, Defendant. County Court, 7th Judicial Circuit in and for Flagler County. Case No. 2015 CT 1083. June 22, 2016. D. Melissa Moore Stens, Judge. Counsel: G. Kipling Miller, for Defendant.

ORDER ON DEFENDANT’S MOTION TO SUPPRESS

THIS MATTER came to be heard on the Motion to Suppress. The Court, having heard testimony from the arresting officer, Deputy William Nunziato, and witness John Moscowitz, and having heard argument from both Counsel for the State and the Defendant, the Court makes the following findings of fact:

  1. John Moscowitz testified that he was traveling on Highway US-1 northbound, when he observed a small red vehicle coming southbound in his lane of travel. Mr. Moscowitz testified that he maneuvered out of the lane to avoid a collision. Then made a U-turn at the next available location to get emergency personnel assistance. Another vehicle was able to slow the small red vehicle and get it to a stop on US-1 in the northbound lanes facing southbound when Mr. Moscowitz came upon the vehicle again.
  2. When Mr. Moscowitz approached the vehicle, he observed a female in the driver’s seat conscious and appearing remorseful in his words. He was able to request that she get her vehicle off the roadway and shut the vehicle off. Mr. Moscowitz testified that the female initially stayed in her vehicle and did not turn it off. He then asked for the keys to avoid her putting the vehicle back in gear, and he placed the keys on top of the roof of the vehicle.
  3. Mr. Moscowitz is a first responder by trade. He inquired as to medical needs of the driver. He witnessed her unsteady on her feet, almost to the point of falling. Hence, he directed her to sit in the passenger seat of the vehicle to await on duty first responders. Mr. Moscowitz waited until police arrived and conveyed what he witnessed to them.
  4. Deputy William Nunziato testified that he was on duty working DUI patrol on the evening of December 23, 2015. Specifically, dispatch sent him to US-1 near Eagle Hawk Estates regarding a possible DUI.
  5. Deputy Nunziato testified that when he responded to the area, he observed a red two door Mercedes facing southbound in the northbound lane of US-1 on the left shoulder. Also, there were other police cars and other vehicles present.  In addition, the female was outside of the passenger side of the vehicle.
  6. Of course, Deputy Nunziato confirmed that he never witnessed her driving or in actual physical control of the vehicle.
  7. With this in mind, the Defendant requests her Motion to Suppress.
  8. Both the State and Defense agree that the only justification for the arrest of the Defendant would be a citizen’s arrest. Likewise, both the State and Defense agree that the crime of DUI constitutes a breach of peace, for which a citizen who has observed said breach can effect a citizen’s arrest.

See Edwards v. State, 462 So.2d 581 (Fla. 4th DCA 1985); State v. Furr, 723 So.2d 842 (Fla. 1st DCA 1998)[23 Fla. L. Weekly D2514a]; Steiner v. State, 690 So.2d 706 (Fla. 4th DCA 1997)[22 Fla. L. Weekly D850a].  

Off-duty first responder who observed defendant driving wrong way on highway, took away her vehicle keys when she came to stop, and directed her to sit in passenger seat to await on-duty first responders did not effect citizen’s arrest where it is clear that he intended to detain defendant so that she could be evaluated by medical and law enforcement personnel, but it is not clear whether he intended to arrest defendant for DUI”

FLORIDA LAW WEEKLY FLWSUPP 2404LEDF
  1. The standard for a valid citizen arrest is set forth in McAnnis v. State, 386 So.2d 1230 (Fla. 3d DCA 1980). These are as follows:
    1. A purpose or intention to effect an arrest under a real or pretended authority;
    2. an actual or constructive seizure or detention of the person to be arrested by a person having present power to control the person arrested;
    3. a communication by the arresting officer to the person whose arrest is sought, of an intention or purpose then and there to effect an arrest; and
    4. an understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him.

Citing Melton v. State, 75 So.2d 291, 294 (Fla. 1954) (citation omitted). State v. Parnell, 221 So.2d 129 (Fla.1969); Bey v. State, 355 So.2d 850 (Fla. 3d DCA 1978).  

  1. In the instant case, it is clear that Mr. Moscowitz intended to “detain” the female so that she could be further evaluated by medical and law enforcement personnel. However, whether he intended to “arrest” her for DUI is unclear. Thus, the first, third, and fourth prongs of the McAnnis test are not met by the testimony presented.

See also, State v. Nancy Jones, 22 Fla. L. Weekly Supp. 986a (Fla. Eighteenth Judicial Circuit February 2015); State v. Guy Lathrop, unpublished Seventh Judicial Circuit opinion, (CTC03-51297MMAES May 21, 2004).

Based upon the above findings of fact, it is therefore ORDERED AND ADJUDGED as follows:   The Defendant’s Motion to Suppress is GRANTED. All evidence seized from the Defendant XXXXXXX, including the results of any field sobriety exercises and any matters related to the intoxilyzer test are suppressed.

Results of field sobriety exercises and any matters related to breath test are suppressed”

FLORIDA LAW WEEKLY FLWSUPP 2404LEDF

You can check Florida arrest warrant for free online. Remember the courts believe video evidence.