Tag: DUI Arrest

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, Underage DUI

University of South Florida DUI – USF DUI

W F Casey Ebsary Jr

University_South_Florida_DUI

University of South Florida DUI

College Students

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.
Source: tampabay.com/news/education/college/crime-down-arrests-up-at-usf
University of South Florida DUI Police Enforcement
University of South Florida DUI Police Enforcement

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.”

Read about the consequences of a DUI for a driver under 21 years old.

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.

Student Code of Conduct

  • “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

Sobriety Checkpoint on the USF Campus
Sobriety Checkpoint on the USF Campus

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.

 Here is a downloadable copy of the USF DUI Checkpoint Announcement.

University of South Florida DUI – USF  News

Designated Driver Study

Designated drivers not so sober
Designated drivers not so sober
“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

USF DUI Checkpoint

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 Florida USF 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.

Source: http://brandon.patch.com/articles/dui-busting-aim-of-heightened-usf-hcso-patrols

DUI Checkpoint Video for iPhone

Previous Coverage Of State University Campus DUI

DUI Means Expulsion from the University

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. “
DUI University of South Florida
Uncategorized

DUI Media Files

W F Casey Ebsary Jr
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

DUI While Visiting Florida, Expert Attorney WF Casey Ebsary Jr, Tampa

Tampa DUI Bars and Restaurants – Map of Hot Spots

W F Casey Ebsary Jr

Dine, Dance, and Detained: How to Avoid DUI Charges – Tips From a Tampa DUI Attorney

Hyde Park DUI Lawyer Which Bars are Cops Watching?
Dine, Dance, and Detain

DUI attorneys in Tampa know there are certain locations generally and several bars, specifically that generate much of the DUI traffic stop action for law enforcement agencies. Police are tracking where drivers who have been arrested reported having their last drink. Unfortunately, for the bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers. Not surprisingly, in general, the neighborhoods close to the Tampa Police Department headquarters are hot spots for DUI arrests. Hyde Park and Ybor City are frequent entries on incident reports according to the media. Best advice – make sure to arrange a ride home.

“Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.”

Video of a driving under the influence traffic law enforcement officer from court proceedings at the Hillsborough County Courthouse told drivers what many already knew – cops watch bar parking lots. Now drivers and visitors know which geographic areas and which bars are most likely to have officers waiting to issue DUIs.

Avoiding DUIs in Tampa from WF Casey Ebsary Jr 813.222.2220

Tampa DUI AttorneyMap DUI Arrests
Map of DUI Arrest Locations in Tampa, Florida

“The last-drink survey system does have some flaws, Morgan admitted.” Some of the people with DUI charges were drinking at a private residence or refuse to answer deputies’ questions.
TBO.com

The Town N’ Country area located just west of Tampa International Airport is one of the Tampa DUI hot spots. The roads near the airport are confusing and with so much construction. The signage is unfamiliar and is not always clear. The basis for some of these traffic stops is improper lane changes. Visitors are the frequent victim of DUI patrol officers in this section of Hillsborough County, Florida.
Another Tampa DUI hot spot, the Hyde Park neighborhood has several streets that are one-way only. Officers wait for moving violations like not coming to a complete stop, going the wrong way on a one way or weaving to investigate the potential DUI.


5 Bars in Hillsborough County

“Bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers.”
  • MacDinton’s 405 South Howard Avenue, Tampa, FL 33606
  • The Kennedy 2408 West Kennedy Boulevard, Tampa, FL 33609
  • Peabody’s 15333 Amberly Drive, Tampa, FL 33647
  • G Bar/Fusion 1401 East 7th Avenue, Tampa, FL 33605
  • Liquid 1502 East 7th Avenue, Tampa, FL 33605

Source: http://tbo.com/news/crime/where-did-dui-drivers-have-their-last-drink-hillsborough-deputies-know-20141121/

How to avoid a DUI in Tampa Florida

10 Tampa Bars in 2013

 

“Police officer candidly admits the obvious – cops sit in bar parking lots.”

The most frequently reported last drink taken occurs at some of the places listed below. Cops ask people they have arrested:
Where have they been?
How much they drank?  and
Where were they going?
Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.

Where to go to Increase the Odds of a DUI Arrest 

 
“Next time you visit some of the area’s more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.’ TBO.com

1-MacDinton’s
2- The Kennedy
3- Hyde Park Cafe
4- Seminole Hard Rock Casino
5- Peabody’s
6- The Lodge
7- Blue Martini
8- CDB Pizza
9- The Drynk
10- Gaspar’s Grotto

 

Source: http://tbo.com/news/crime/where-did-dui-drivers-have-their-last-drink-hillsborough-deputies-know-20141121/

How to avoid a DUI
Link to Interactive Map: https://www.google.com/maps/d/edit?mid=zWwaTmFIBMis.k6pwIUV3dnNM

Breath Test Over 08, Breath Test Refusal, Commercial DUI

Broken Breath Machine Means No DUI Conviction

W F Casey Ebsary Jr

The Case of the Bad Breath Machine

FDLE Form 41 Department Inspection Report For DUI ConvictionIf the State does not prove intoxication, there is no DUI conviction. Recently, we at DUI2Go encountered a tough case where the driver had blown into an Intoxilyzer 8000 breath machine and exceeded the legal limit in Florida of .08. Fortunately, our office has access to the logs of all breath test given by all machines in Florida and the maintenance records of these machines. As a result, we are sharing some of the Florida Department of Law Enforcement Intoxilyzer 8000 files. This is the Florida Department of Law Enforcement Alcohol Testing Program Intoxilyzer 8000 Operational Procedures also known as Form 37. In addition, the Florida Department of Law Enforcement also uses Form 38 Breath Alcohol Test Affidavit.  Finally, there is some great information in the Alcohol Testing Program Intoxilyzer® 8000 Reference Guide.

The Accuracy of Intoxilyzer 8000 in Court

Before 2014, often the state did not present scientific evidence of the machine’s accuracy. Recently, a Florida Driving Under the Influence court ruled in State v. Garcia, (20th Cir Aug 20, 2014) that the State Attorney must establish the admission of an Intoxilyzer Breath Test result. Prosecutors must use the traditional scientific predicate to introduce breath test results from Intoxilyzer 8000 in a trial. The court ruled that it could not determine whether the modified Intoxilyzer 8000 used in Florida was same machine/instrument approved by NHTSA ( National Highway Traffic Safety Administration ) for use in Florida.

Sometimes we uncover broken Intoxilyzer 8000 breath machines. We reviewed this official FDLE Form 41 Department Inspection Report records of this machine. The machine had not passed the post-inspection Diagnostic Check. The instrument does not comply with Florida Administrative Code Chapter 11D-8. In addition, after failing its monthly inspection there was no evidence of repairing the machine. Notably, the machine returned to service without any repair record.

No Proof, No DUI Conviction

When the Intoxilyzer 8000 has not been maintained, the results may be thrown out. Without that evidence, it is difficult for the state to prove your guilt. Sometimes the state will offer a reduced charge of reckless driving does not carry the risk associated with a DUI conviction. If you have another DUI conviction later, your prior convictions enhance your penalties. Your conviction penalties may include; fines, ignition interlock device, license suspension or revocation and jail or prison. Multiple DUIs can carry mandatory jail time. Once a driver has three or more DUI convictions, it becomes a felony.