Tag: Driving under the influence ( DUI )

DUI News

Arrests in Tampa Bay – By the Numbers

W. F. "Casey" Ebsary Jr

DUI Arrests by the Numbers

Here are the DUI (Driving Under the Influence) arrest numbers for the Tampa Bay area counties based on the provided crime data for the year 2020:

  1. Hillsborough County: 2,808 DUI arrests.
  2. Pasco County: 661 DUI arrests.
  3. Pinellas County: 2,027 DUI arrests.

These figures represent the number of individuals arrested for DUI offenses in each respective county for the specified year.

These figures provide a snapshot of the crime rates in the three Tampa Bay area counties, with Hillsborough having the highest population and Pinellas having the highest number of total arrests.
” a snapshot of the crime rates in the three Tampa Bay area counties, with Hillsborough having the highest population and Pinellas having the highest number of total arrests.”

About the Researcher

If you find yourself among the statistics, facing legal challenges, or in need of guidance in criminal law matters, Casey the Lawyer is here to assist you.

If you’re facing legal challenges, Casey the Lawyer, a board-certified criminal law expert, offers unparalleled expertise. Protect your rights and future—call 813-222-2220 for a dedicated advocate. Your initial consultation is a chance to discuss your situation and chart a path forward. Reach out today for the best possible outcome.

Let us help you 813.222.2220

Let’s compare the crime data for Hillsborough, Pasco, and Pinellas counties in the Tampa Bay area. These figures provide a snapshot of the crime rates in the three Tampa Bay area counties, with Hillsborough having the highest population and Pinellas having the highest number of total arrests. It’s important to note that population size can influence the raw number of crimes, so the arrest rate per 100,000 people provides a standardized measure for comparison. Additionally, specific crime categories may have different levels of severity, and interpretation should consider the context of each crime type.

Other Crimes Top Three by the Numbers

Based on the provided crime data for Hillsborough, Pasco, and Pinellas counties in the Tampa Bay area for the year 2020, the three most frequently arrested crime types were:

  1. Simple Assault:
    • Simple assault had a high number of arrests in all three counties. Hillsborough County had the highest number of simple assault arrests with 5,609, followed by Pinellas County and Pasco County.
  2. Drug Arrests:
    • Drug-related offenses also ranked among the top arrested crime types in all three counties. Hillsborough County had the highest number of drug arrests with 3,028, followed by Pinellas County and Pasco County.
  3. Larceny (Theft):
    • Larceny, which includes theft-related offenses, was one of the most frequently arrested crime types. Hillsborough County had the highest number of larceny arrests with 2,766, followed by Pinellas County and Pasco County.

These crime types were prevalent across the Tampa Bay area, and the number of arrests can be influenced by various factors such as population size, law enforcement practices, and community dynamics. It’s important to note that the severity of these offenses can vary, and the number of arrests may not necessarily reflect the overall crime rate or the number of incidents.

Tampa Bay Arrests by County

DUI:

  • Hillsborough County: 2,808 DUI arrests.
  • Pasco County: 661 DUI arrests.
  • Pinellas County: 2,027 DUI arrests.

Drug Arrests:

  • Hillsborough County: 3,028 drug arrests.
  • Pasco County: 1,555 drug arrests.
  • Pinellas County: 3,462 drug arrests.

Liquor Law Violations:

  • Hillsborough County: 18 liquor law violations.
  • Pasco County: 26 liquor law violations.
  • Pinellas County: 1,227 liquor law violations.

Comparison:

  • DUI: Hillsborough and Pinellas counties have higher DUI arrest numbers compared to Pasco, with Hillsborough having the highest. This could be influenced by factors such as population density, law enforcement practices, and public awareness campaigns.
  • Drug Arrests: Hillsborough and Pinellas counties again have higher numbers than Pasco, with Hillsborough having the highest. This might be associated with factors such as urbanization, demographics, and law enforcement strategies.
  • Liquor Law Violations: Pinellas County has a significantly higher number of liquor law violations compared to Hillsborough and Pasco. This could be influenced by the presence of entertainment districts, tourism, and the number of establishments serving alcohol.

Key Points:

  • Hillsborough tends to have higher numbers in all three categories, which may be expected given its larger population.
  • Pasco, with its smaller population, generally has lower numbers in these categories.
  • Pinellas County, while having a smaller population than Hillsborough, often has higher numbers, particularly in DUI and liquor law violations. This could be influenced by tourism and the presence of popular entertainment areas.

It’s important to note that variations in law enforcement practices, public awareness, and other local factors can contribute to these differences. Additionally, population size should be considered when interpreting raw arrest numbers. The arrest rate per 100,000 population can provide a standardized measure for comparison across counties of different sizes.

Statistical Review of Arrests

Population:

  • Hillsborough County: It has the highest population among the three counties, indicating a larger community.
  • Pasco County: The population is the smallest among the three counties.
  • Pinellas County: It has a sizable population, falling between Hillsborough and Pasco.

Arrest Rate per 100,000:

  • Hillsborough County: The second lowest arrest rate per 100,000, indicating a moderate level of law enforcement activity relative to its population.
  • Pasco County: It has the highest arrest rate per 100,000, suggesting a relatively higher law enforcement activity compared to its population.
  • Pinellas County: It has the second-highest arrest rate per 100,000, indicating a substantial level of law enforcement activity.

Total Arrests:

  • Hillsborough County: Has the highest total number of arrests, possibly due to its larger population.
  • Pasco County: Has the lowest total number of arrests, reflecting its smaller population size.
  • Pinellas County: Falls between Hillsborough and Pasco in total arrests, aligning with its mid-sized population.

Other Major Crimes:

  • Murder, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Motor Vehicle Theft: These numbers are generally higher in Hillsborough County, reflecting its larger population.
  • Manslaughter, Kidnap/Abduction, Arson, Simple Assault: Vary across the counties, with Hillsborough often having the highest numbers.
  • Drug Arrests, DUI, Destruction/Vandalism, Weapons Violations, Liquor Law Violations, Miscellaneous: These figures can vary, and Pinellas County often has the highest numbers in categories like DUI, Destruction/Vandalism, Liquor Law Violations, and Miscellaneous.

Overall Impression:

  • Hillsborough County: The largest population and highest total arrests but a moderate arrest rate per 100,000. It may have a more significant law enforcement presence but not excessively high relative to its population.
  • Pasco County: Smallest population, lowest total arrests, but the highest arrest rate per 100,000. This could suggest a more concentrated law enforcement effort.
  • Pinellas County: Mid-sized population, moderate total arrests, and the second-highest arrest rate per 100,000. It falls between Hillsborough and Pasco in most categories.

It’s crucial to interpret these comparisons with caution. Various factors can influence crime rates, including demographics, socio-economic conditions, law enforcement policies, and reporting practices. These numbers provide a snapshot but do not necessarily capture the full complexity of crime dynamics in each county.

The Numbers Game: Florida Department of Law Enforcement

The source we used for this study is the “Crime in Florida, Annual 2020 Florida Uniform Crime Report,” which is a publication by the Florida Department of Law Enforcement (FDLE). Here is an explanation of the information in the citation:

  1. Florida Department of Law Enforcement (FDLE):
    • The FDLE is a state-level law enforcement agency in Florida, responsible for coordinating and managing law enforcement activities across the state. They collect and maintain crime data for the entire state.
  2. Crime in Florida:
    • This refers to an annual report published by the FDLE that provides comprehensive crime statistics for the state of Florida. The report typically includes data on various types of crimes, arrests, and other law enforcement activities.
  3. Annual 2020 Florida Uniform Crime Report:
    • This specifies the edition of the report, focusing on the year 2020. The Uniform Crime Reporting (UCR) program is a nationwide initiative that collects and publishes standardized crime statistics to provide a reliable measure of crime trends.
  4.  FDLE:
    • Tallahassee is the capital city of Florida, and FDLE is headquartered there. This part of the citation indicates the location of the organization responsible for compiling and publishing the crime report.

Who Counts Crimes?

The Florida Department of Law Enforcement (FDLE) is a statewide law enforcement agency in the U.S. state of Florida. It was established to provide support and coordination to law enforcement agencies and officers across the state. Here are key points about FDLE:

  1. Mission: The FDLE’s mission is to “promote public safety and strengthen domestic security by providing services in partnership with local, state, and federal criminal justice agencies to prevent, investigate, and solve crimes while protecting Florida’s citizens and visitors.”
  2. Roles and Responsibilities:
    • Criminal Investigations: FDLE conducts criminal investigations and assists local law enforcement agencies in solving and preventing crimes.
    • Forensic Services: It provides forensic services, including crime scene analysis, DNA testing, and other scientific analyses to aid investigations.
    • Criminal Justice Information: FDLE manages and maintains criminal justice databases and information systems.
    • Intelligence and Counterterrorism: The agency is involved in intelligence gathering and counterterrorism efforts.
    • Training and Standards: FDLE sets and maintains standards for law enforcement training and certification in the state.
  3. Jurisdiction: While local law enforcement agencies handle day-to-day policing, FDLE’s jurisdiction is statewide. It plays a crucial role in coordinating efforts, especially in cases that cross jurisdictional boundaries.
  4. Headquarters: FDLE is headquartered in Tallahassee, the capital city of Florida.
  5. Leadership: The agency is typically led by a Commissioner, who is appointed by the Governor of Florida.
  6. Uniform Crime Reporting (UCR): As part of its responsibilities, FDLE collects and publishes crime statistics through the Uniform Crime Reporting program, providing valuable data on crime trends in the state.

Overall, FDLE serves as a central coordinating agency for law enforcement activities in Florida, working in collaboration with local, state, and federal partners to ensure public safety and uphold the rule of law.

In summary, the source is an official crime report published by the Florida Department of Law Enforcement, covering the year 2020 and presenting crime statistics for the state of Florida. The citation suggests that the data might be available in a computerized format, reflecting the modern approach to data management and dissemination. It’s a reliable and official source for understanding crime trends in Florida.

 

Who Is Making these arrests?

Hillsborough County

Here is  a list of law enforcement agencies that operate in Hillsborough County, Florida. Keep in mind that this list might not be exhaustive, and there may be other agencies or updates that have occurred since January 2022.

Here are some of the main law enforcement agencies in Hillsborough County:

  1. Hillsborough County Sheriff’s Office (HCSO):
    • The Hillsborough County Sheriff’s Office is the primary law enforcement agency for the unincorporated areas of Hillsborough County.
  2. Tampa Police Department:
    • Responsible for law enforcement within the city limits of Tampa.
  3. Plant City Police Department:
    • Responsible for law enforcement within the city limits of Plant City.
  4. Temple Terrace Police Department:
    • Responsible for law enforcement within the city limits of Temple Terrace.
  5. University of South Florida Police Department:
    • Provides law enforcement services for the University of South Florida campus.
  6. Florida Highway Patrol (FHP):
    • Statewide agency responsible for enforcing traffic laws on Florida’s highways. It also operates in Hillsborough County.
  7. Florida Fish and Wildlife Conservation Commission (FWC):
    • Responsible for enforcing laws related to wildlife and outdoor activities. They may also be involved in law enforcement on waterways and in parks.
  8. Hillsborough Community College Police Department:
    • Provides law enforcement services for Hillsborough Community College campuses.

For the most up-to-date and comprehensive list, I recommend checking the official websites of Hillsborough County, the Hillsborough County Sheriff’s Office, and the individual city police departments. Additionally, you may contact the Florida Department of Law Enforcement (FDLE) for statewide law enforcement information.

Pinellas County

Here is a general list of law enforcement agencies that operate in Pinellas County, Florida. Keep in mind that this list might not be exhaustive, and there may be other agencies or updates that have occurred since  January 2022.

Here are some of the main law enforcement agencies in Pinellas County:

  1. Pinellas County Sheriff’s Office:
    • The Pinellas County Sheriff’s Office is the primary law enforcement agency for the unincorporated areas of Pinellas County.
  2. St. Petersburg Police Department:
    • Responsible for law enforcement within the city limits of St. Petersburg.
  3. Clearwater Police Department:
    • Responsible for law enforcement within the city limits of Clearwater.
  4. Largo Police Department:
    • Responsible for law enforcement within the city limits of Largo.
  5. Pinellas Park Police Department:
    • Responsible for law enforcement within the city limits of Pinellas Park.
  6. Dunedin Police Department:
    • Responsible for law enforcement within the city limits of Dunedin.
  7. Tarpon Springs Police Department:
    • Responsible for law enforcement within the city limits of Tarpon Springs.
  8. Florida Highway Patrol (FHP):
    • Statewide agency responsible for enforcing traffic laws on Florida’s highways. It also operates in Pinellas County.
  9. Florida Fish and Wildlife Conservation Commission (FWC):
    • Responsible for enforcing laws related to wildlife and outdoor activities. They may also be involved in law enforcement on waterways and in parks.

For the most up-to-date and comprehensive list, I recommend checking the official websites of Pinellas County, the Pinellas County Sheriff’s Office, and the individual city police departments. Additionally, you may contact the Florida Department of Law Enforcement (FDLE) for statewide law enforcement information.

Pasco County

Here is a general list of law enforcement agencies that typically operate in Pasco County, Florida. Keep in mind that this list might not be exhaustive, and there may be other agencies or updates that have occurred since my last training data in January 2022.

Here are some of the main law enforcement agencies in Pasco County:

  1. Pasco County Sheriff’s Office:
    • The Pasco County Sheriff’s Office is the primary law enforcement agency for the unincorporated areas of Pasco County.
  2. New Port Richey Police Department:
    • Responsible for law enforcement within the city limits of New Port Richey.
  3. Port Richey Police Department:
    • Responsible for law enforcement within the city limits of Port Richey.
  4. Dade City Police Department:
    • Responsible for law enforcement within the city limits of Dade City.
  5. Zephyrhills Police Department:
    • Responsible for law enforcement within the city limits of Zephyrhills.
  6. Florida Highway Patrol (FHP):
    • Statewide agency responsible for enforcing traffic laws on Florida’s highways. It also operates in Pasco County.
  7. Florida Fish and Wildlife Conservation Commission (FWC):
    • Responsible for enforcing laws related to wildlife and outdoor activities. They may also be involved in law enforcement on waterways and in parks.

For the most up-to-date and comprehensive list, I recommend checking the official websites of Pasco County, the Pasco County Sheriff’s Office, and the individual city police departments. Additionally, you may contact the Florida Department of Law Enforcement (FDLE) for statewide law enforcement information.

Call For Help

If you find yourself among the statistics, facing legal challenges, or in need of guidance in criminal law matters, Casey the Lawyer is here to assist you. As a board-certified expert in criminal law, Casey brings unparalleled expertise to navigate the complexities of your case. Your rights and future matter, and Casey is dedicated to providing the strategic counsel you deserve. Don’t face the legal system alone—call Casey the Lawyer at 813-222-2220 for a knowledgeable and experienced advocate on your side. Your initial consultation is an opportunity to discuss your situation, understand your options, and chart a path forward. Reach out today to protect your rights and secure the best possible outcome.

Let us help you 813.222.2220

Other Sources in this Criminal Arrest Study

Law enforcement agencies in Hillsborough, Pasco, and Pinellas counties, and you can search for their websites separately. Here are the agencies:

Hillsborough County:

  1. Hillsborough County Sheriff’s Office:
  2. Tampa Police Department:
  3. Plant City Police Department:
  4. Temple Terrace Police Department:

Pasco County:

  1. Pasco County Sheriff’s Office:
  2. New Port Richey Police Department:
  3. Port Richey Police Department:
  4. Dade City Police Department:

Pinellas County:

  1. Pinellas County Sheriff’s Office:
  2. St. Petersburg Police Department:
  3. Clearwater Police Department:
  4. Largo Police Department:

Please note that the URLs provided are simplified and may not be the exact URLs for the agencies’ websites. You can use search engines or visit the respective city or county websites to find the most accurate and up-to-date information on the law enforcement agencies in these areas.

Let us help you 813.222.2220

Breath Test Over 08, DUI On Drugs

Can you get a DUI in a Tesla or self-driving car (Video)?

W F Casey Ebsary Jr
DUI In Tesla’s Self-Driving Car?DUI in a Tesla – 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.

What happens when an officer pulls over a self-driving car?

Understanding DUI Charges and Self-Driving Teslas

Read on to learn about the legal implications of being pulled over in a self-driving Tesla.

Can an Officer Charge Anyone with a DUI in a Self-Driving Tesla?

Self-driving technology has been gaining momentum in recent years, with companies like Tesla at the forefront of this emerging industry. However, this technology has raised questions about how law enforcement officers will handle DUI charges when it comes to self-driving cars. In the case of a self-driving Tesla, the driver is not technically in control of the vehicle, which complicates matters for law enforcement officials.

Scholars’ Perspectives on the Issue

Legal scholars have written extensively on this topic, and there is no clear consensus on how the law should treat self-driving vehicles. Some argue that the driver is still responsible for any DUI charges that may arise, as they are ultimately in control of the vehicle, even if they are not physically driving it. Others believe that the responsibility should fall on the car’s manufacturer, as they are the ones who designed and produced the vehicle’s self-driving technology.

Navigating the Future of Transportation

As the technology behind self-driving cars continues to develop, it is likely that we will see more legal and regulatory changes in how they are treated under the law. In the meantime, it is important for both law enforcement officials and the general public to educate themselves on the current state of the law and how it may apply in cases involving self-driving vehicles.

Stay informed about the latest developments in self-driving technology and the law by following reputable sources and consulting with legal professionals as needed.

Here are a few sources to support the information presented:

These sources provide in-depth analysis of the legal and regulatory issues surrounding self-driving cars, including the potential implications for DUI charges.

California Highway Patrol Charges 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.

 

1st Time DUI, 2nd Time DUI Or More

Story of a Typical Tampa DUI Traffic Stop

W F Casey Ebsary Jr

The Story of a Typical DWI / DUI Traffic Stop

Our Story

 Imagine a visit to the Tampa Bay area, on a Florida vacation. There is a dui traffic stop or a minor accident and the cop smells alcohol and asks you to step from the car. The cop often innocently asks if the driver needs directions. More questioning will follow as to where you came from and where you were going. A series of “tests” designed to be recorded and to make drivers look at the very least silly usually follows.

Typical DUI Traffic Stop

 

 

 

To Jump ahead Choose One of These Topics

What happens to me after a DUI arrest?

How do I get out of jail after a DUI Arrest?

What happened to my car?

How do I get my Driver’s License back after a DUI charge?

How do I get a copy of the Police Reports?

 

 

What happens to me after a DUI arrest?

What happens to me after a DUI Traffic Stop and DUI arrest?

 

Failure of Roadside “Tests”

Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.

Loss of Privilege

If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.

Recording of “Test”

Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.

DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests.
Under Florida public records law, the media can obtain copies of all reports, including this video.

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

 

How do I get out of jail for a DUI Arrest?

How Do I Get Out of Jail After a DUI Traffic Stop and a DUI Arrest?

 

 

If the result is over .08, then the jail is required to hold the driver until a second breath test is less than .08. This is true even though bond has been posted. Upon release from jail, drivers wonder, what happened to my car? Cops usually will rummage through the vehicle seeking cash, contraband (usually drugs or weapons or open containers of alcoholic beverages). A tow truck is generally called to the scene and the vehicle is impounded.

 

 

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

 

What happened to my car?

 

What Happened To My Car After My DUI Arrest?

 

Getting the vehicle back can be quite a challenge. Once you figure out who took your car and where it went, these operators require a photo ID. This is tough since the cops took your license in their efforts to suspend your license.

You must confront the scientific evidence from the breath test and/or the blood tests. Damaging evidence against you may include the breath test, the blood tests, officer’s testimony, and Standard Field Sobriety tests.

 

 

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How do I get my Driver’s License back?

How do I get my Driver's License back after a DUI arrest?

Business Purposes License

If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.

Hardship License

Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.

Standards For Suspension

The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

 

How Do I Get a Copy of My DUI Arrest Police Reports?

 

How Do I Get a Copy of the Police Reports of My DUI Arrest?

 

A competent DUI Defense Attorney can file proper legal requests meeting all deadlines. These force the state to provide all information they intend to use against the driver. Some Florida DUI Lawyers have knowledge of the highly technical issues covered in this article and can establish your defense against DUI charges. In Florida, DUI is a serious charge. A conviction usually results in a nearly permanent entry on your driving record, even if you do not have a Florida driver’s license. You cannot seal or expunge the record of this conviction to prevent others from uncovering this event in your life. You need a serious defense. A Board Certified Criminal Trial Lawyer in the Tampa Bay Florida area, can be your attorney and defend you against drunk driving charges and other traffic offenses. A DUI / DWI lawyer to defend against this charge is available right now. Please call 813-222-2220.

 

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1st Time DUI, Breath Test Over 08

Reducing Impaired Driving Recidivism – Established DUI Diversion

W F Casey Ebsary Jr

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. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements. Update: This Hillsborough County program started March 1, 2018. You can read about what the state’s attorney is looking for, what you might need to know, who is eligible and why you might want to be a part of this program.

Admission Requirements Are Confusing

First of all, some of the confusion of this process is shown below. Since each county has developed their program independently, the demands on the DUI driver differ. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist, a foreign national or someone on an F1 student visa charged with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your breath alcohol concentration (BAC) to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission if a child or animal was with you in the vehicle at the time of the charge. Another difference is that only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.

 

Admission Qualifications of Established DUI Diversion Programs in Florida By County

DUI On Drugs, Expert Attorney WF Casey Ebsary Jr

Florida Drug Recognition Experts DRE Video

W F Casey Ebsary Jr
DRE Florida Drug Recognition Experts
Florida Drug Recognition Experts DRE

“Drug Recognition Experts (DRE) in Florida and throughout the nation have raised concerns among both jurors and judges. This is because law enforcement and prosecutors aim to influence the independent judgment of these legal authorities in determining the potential impairment of criminal suspects.

We’ve acquired training manuals and carefully scrutinized the evidence supporting these so-called “experts.” Upon examination, it becomes apparent that these witnesses may not meet the rigorous requirements for the admissibility of “scientific” evidence, especially outside of law enforcement circles. Consequently, it is prudent to consider removing such witnesses from the list of prosecution witnesses.

Florida Drug Recognition Experts DRE

In just five minutes, you can gain insights into various aspects of DRE:

The History and Origin of the DRE.
The Comprehensive Training Regimen for Drug Recognition Experts (DRE).
The Entities Responsible for Conducting DRE Training.
The Unique Skillset Acquired by Drug Recognition Experts (DRE) that may not be readily available to judges and jurors.
Whether DRE “evidence” aligns with the standards for admissibility set forth by Florida law and the Daubert standard.”

Using Drug Recognition Experts (DRE), in Florida DUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.

We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?

What is the History and Origin of the Drug Recognition Expert (DRE}?

The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
Florida Drug Recognition DRE Experts
7 Days to a Better You (DRE)

What is done during DRE training?

A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program:  Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.

Who does the Drug Recognition Experts (DRE) training?

The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).

What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?

None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.

Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard? 

No. In July 2013,  Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.

Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .”  In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).

Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .

Standardized 12-Step Drug Recognition Experts Protocol

The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.

1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.