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)
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.
At the University of South Florida, DUI conviction can have impacts beyond just staying on your driving record for the next 10 years. In addition, you can lose student financial aid including Bright Futures benefits. DUI Attorney W.F. “Casey” Ebsary, Jr. explains University of South Florida Police (USFPD) have conducted DUI checkpoints / DUI saturation patrols since 2006. The USFPD has 43 officers. The USFPD patrol all of the campus and the areas surrounding the campus. Because the University of South Florida DUI cases have a payoff – awards. Furthermore, one DUI contest got the agency a fully loaded Chevrolet Tahoe.
Dui Defense Attorney Casey Ebsary, also notes that USF Police Department conduct Saturation Patrols on and around the Tampa, Florida campus. Another press release warned, “The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012. This patrol will begin at 2:00 a.m. and end at 5:00 a.m.”
As a result, DUI enforcement by “USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe. Impaired drivers . . . will face arrest and prosecution.” Students caught likely will face driver’s license suspension and criminal prosecution. In addition, these students will face action by the Office of Student Rights and Responsibilities. Some issues in the Student Code of Conduct raised by a University of South Florida DUI are below.
“The conduct process may be initiated against a student charged with conduct that potentially violates both the criminal law and/or the Student Code of Conduct.”
“Students are responsible for compliance with all public laws.”
“Misuse or Possession of Illegal Drugs.”
“Misuse of Alcohol.”
A sample of Prior University of South Florida DUI Checkpoint
We uncovered a report of a DUI Checkpoint Roadblock on the Tampa Campus. It is “USF Police to Conduct Sobriety Checkpoint.” The University of South Florida Police Department will host a Sobriety Checkpoint on Campus on May 15, 2013, beginning at 11:00 pm. . . . [This is ] followed by a four-hour saturation patrol. During this time, USF Police Officers will seek . . . impaired drivers in an effort to keep our streets safe. So impaired drivers . . . will face arrest and prosecution. Furthermore, this operation is part of a comprehensive, collaborative approach to traffic safety by the USF Police Department. Finally, the USF Police Department has primary jurisdiction on and about property owned or controlled by the University of South Florida.
Aggressive Campus Cops
Someone needs to tell DUI Officer Michael Tinney about their primary jurisdiction. We have yet to defend a single DUI arrest, he made on campus. The USF Police Department awarded Officer Tinney Officer of the Year and DUI Enforcement Officer of the Year for 2012. He also received an award from Hillsborough County Mothers Against Drunk Driving (MADD) for his DUI Enforcement in 2012. Officer Tinney actively participates in all enforcement campaigns and leads the DUI Checkpoints for his squad.” He is a DUI arrest award winner in the campus police department’s DUI arrest contest.
“When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of ‘less drunk’ rather than ‘sober’ drivers.”
And “A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket.” By Elise Bouchard of the USF Oracle
Another DUI Checkpoint Report
Casey Ebsary, a Board Certified Criminal Trial Lawyer, received a tip that there will be a DUI checkpoint on campus this weekend, July 8. The Hillsborough County Sheriff’s Office and the University of South FloridaUSF Police Department will conduct the sting and it will apparently be on campus. Most noteworthy these checkpoints are usually posted on the Sheriff’s website, but this one was not. Recently, we obtained a police manual for these types of checkpoints.
Got DUI – Get Expelled: “UF looks beyond campus for DUI cases – They may try to hide it from Mom and Dad, but University of Florida (UF) students caught driving drunk in Alachua County won’t be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won’t just face criminal courts, they will go before UF’s Office of Student Judicial Affairs, where they could face suspension or expulsion.
Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF’s dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said.”
Campus of University of South Florida DUI Arrests on the Rise
“More than twice as many students were arrested for drunken driving on campus in 2005 than in 2004 because of University Police Department’s new chief and UF President Bernie Machen’s alcohol policies, University Police spokesman Lt. Joe Sharkey said. There were 111 arrests for DUIs on campus in 2005, 44 arrests in 2004 and 56 arrests in 2003, according to University Police Department crime statistics. “
What happens when an officer pulls over a self-driving car? Can the officer charge anyone with a DUI in a self-driving Tesla? Some Scholars have written about this and I thought we might review this issue. Tesla automobiles have an autopilot feature. It is not truly self-driving as Tesla has referred to it as semi-autonomous driving. Other car companies have also tried developing autopilot technology.
California Highway Patrol Charge Driver With DUI in a Tesla.
In January 2018, in San Francisco, a person in a Tesla car had an alcohol level twice the legal limit. The Tesla’s operator received a DUI. Tesla has instructed drivers using autopilot to maintain consciousness while driving. Also, Tesla tells drivers using autopilot to keep their hands on the steering wheel. In this arrest, the driver explained that the Tesla was on autopilot to the California Highway Patrol. Even with the driver’s explanation, the officer arrested and charged the driver with DUI. The California Highway Patrol tweeted that the car did not drive itself to the tow yard.
Will Florida Officers Charge Drivers With DUI in a Tesla?
Florida law prohibits an intoxicated driver from being in actual physical control of a vehicle. The car does not need to be moving at the time of a DUI arrest. Florida only requires that the vehicle is capable of being moved. The case law discusses the location of the keys and whether or not the car is operable. Under this broad definition of driving that includes the capacity of physical control of the car, it is highly unlikely the operator of a self-driving car would beat a DUI on that defense. It is probable that the court would find the driver was in actual physical control of the vehicle. Hence, some cars equipped with these automatic driving features have contracts that require the user to keep hands on the steering wheel even when the vehicle is in autopilot mode.
Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.
Who Is Eligible for First-Time DUI Diversion Program?
To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.
What Is The Process For Selecting Cases In This DUI Diversion Program?
The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.
Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?
Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.