Tag: DUI attorneys

1st Time DUI, 2nd Time DUI Or More

What to Do After a DUI Arrest in Hillsborough County, Florida

W. F. "Casey" Ebsary Jr

Seeking Legal Help After a DUI Arrest in Hillsborough County

What happens to me after a DUI arrest?

If you’ve found yourself facing a DUI arrest in Hillsborough County, Florida, you’re likely feeling overwhelmed and unsure of your next steps. In such a challenging situation, it’s crucial to seek expert legal guidance to navigate the complex legal process that follows. One of the most experienced DUI attorneys in the region, W.F. ‘Casey’ Ebsary Jr., is here to help you every step of the way.

If you’ve been caught for driving after drinking alcohol in Hillsborough County, Florida, it can be a really confusing and scary experience. At times like this, it’s super important to get help from a really smart legal expert who knows the rules and can guide you through the complicated legal stuff.

In Hillsborough County, the place where you live, the rules about this are quite tricky, and it’s easy to make mistakes. That’s why it’s a big deal to have someone who’s really good at this kind of law on your side. One of these experts is W.F. ‘Casey’ Ebsary Jr., and he’s one of the best around.

Casey isn’t just a regular lawyer; he’s a special kind of lawyer who is really good at helping people who got into trouble for drinking and driving. He’s been doing this for a long time and knows a lot about the rules in Florida, especially for people who drive after drinking alcohol.

When Casey helps you, it’s like having a friendly guide to show you the way through all the complicated rules and make sure you don’t get into more trouble. He’s here to help you and make sure things turn out as good as possible for you.

You don’t have to go through this tough time all alone. Casey and his team are ready to help you, and with their help, you can move forward with confidence, knowing that they will protect your rights and help you have a better future.

Why Choose W.F. ‘Casey’ Ebsary Jr.?

The first and most vital action you can take is to reach out to DUI Attorney W.F. ‘Casey’ Ebsary Jr. for a free telephone consultation. You can contact him at (813) 222-2220. By hiring Casey Ebsary, you’ll not only secure expert legal representation but also gain access to a dedicated team ready to defend your rights vigorously.


When confronted with a DUI arrest in Hillsborough County, Florida, individuals often find themselves grappling with a whirlwind of emotions – fear, uncertainty, and anxiety. This daunting experience can be especially overwhelming, given the complexities and potential consequences that lie ahead. In such a critical juncture, the importance of seeking professional legal guidance cannot be overstated.

Hillsborough County, with its intricate legal landscape, mandates that individuals facing DUI charges have a knowledgeable ally by their side. Fortunately, one of the most seasoned and accomplished DUI attorneys in the region, W.F. ‘Casey’ Ebsary Jr., is available to provide invaluable assistance and support throughout the entire legal process.

Casey Ebsary brings not only a wealth of legal expertise but also a deep understanding of the specific legal intricacies in Florida, especially those pertaining to DUI cases. His extensive experience and unwavering commitment to defending his clients’ rights make him a trusted figure in the field.

With Casey by your side, you can expect personalized guidance tailored to your unique circumstances. He recognizes the multifaceted challenges you face and works diligently to navigate the legal labyrinth on your behalf. Casey’s goal is to alleviate your burden and guide you toward the best possible resolution for your DUI case in Hillsborough County.

In this challenging journey, rest assured that you are not alone. Casey Ebsary and his dedicated team are here to provide the expert legal counsel and unwavering support you need during this difficult time. With their assistance, you can confidently take each step forward, knowing that you have a proven advocate in your corner, ready to protect your rights and advocate for your future.

Regaining Your Driving Privileges

After a DUI arrest, one of your primary concerns may be how to regain your freedom to drive. W.F. ‘Casey’ Ebsary Jr. recognizes the importance of this issue and will make it a top priority in your defense strategy. To achieve this, the first step is to navigate the intricate rules outlined in Florida’s Administrative Code and the Florida Statutes.

After you get in trouble for driving after drinking too much, one of the big worries you might have is how to be allowed to drive again. W.F. ‘Casey’ Ebsary Jr. knows that this is super important, and he’ll work really hard to help you with this. It’s one of the first things he’ll focus on when he’s helping you with your problem.

To make this happen, the first thing he’ll do is figure out the complicated rules written in something called the Florida Administrative Code and the Florida Statutes. These are like rule books that tell everyone how things should work when it comes to driving and drinking too much. Casey will study these rules really carefully to find a way to help you get back on the road.

Casey is like a friendly guide who knows all the twists and turns in these rules. He will personally help you through all the steps to make sure you can drive again as soon as possible. You can feel safe knowing that he’s done this many times before and is really good at it.

So, if you’re worried about how to drive again after a DUI arrest, Casey Ebsary is the person you want by your side. He will do his best to make sure you’re back behind the wheel as soon as it’s safe.

‘Casey’ will personally guide you through all the necessary procedures

‘Casey’ will personally guide you through all the necessary procedures to expedite the restoration of your driving privileges. You can relax, knowing that you’re in the capable hands of an attorney who has successfully handled numerous cases similar to yours. Casey’s experience and knowledge of the legal intricacies will ensure that you’re back on the road as soon as possible.

Building a Strong Defense Team and Resolving Your DUI Case

Join Our Team for a Strong Defense

To secure your best possible outcome after a DUI arrest in Hillsborough County, Florida, you need an experienced and dedicated attorney by your side. W.F. ‘Casey’ Ebsary Jr. and his legal team are ready to fight for your rights and provide the guidance you need during this challenging time.

Don’t hesitate to seek the help you deserve. Contact W.F. ‘Casey’ Ebsary Jr. today at (813) 222-2220 to schedule a free telephone consultation. By joining our team, you’re taking a significant step toward protecting your future and securing the best possible resolution for your DUI case in Hillsborough County.

Feel free to reach out to us – you deserve the help you need! Contact W.F. ‘Casey’ Ebsary Jr. today at (813) 222-2220 to set up a free telephone consultation. By becoming a part of our team, you’re making a big move towards safeguarding your future and securing the best possible solution for your DUI case in Hillsborough County. Don’t wait; call us now!
 

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, Commercial DUI, Underage DUI

First-Time DUI Diversion

W F Casey Ebsary Jr

Why Start New First-Time DUI Diversion (RIDR)?

New First-Time DUI DiversionHillsborough 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.
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.