1st Time DUI, 2nd Time DUI Or More

Refusal to Submit to Field Sobriety Exercises

When Can a Refusal to Submit to Field Sobriety Exercises be held Against a Driver?

Let’s talk about Refusal to Submit to Field Sobriety Exercises. “Generally, a Defendant’s refusal to perform a specific activity requested by law enforcement that he or she is not required to perform is not relevant and therefore inadmissible at trial. An exception to the general rule is if the Defendant is told or advised of some adverse consequence of the refusal to perform the activity and still refuses to perform the activity. The Defendant’s refusal thereafter can be seen as probative of consciousness of guilt and therefore admissible.”

Refuse to Submit to Field Sobriety Tests or Exercises
Refuse to Submit to Field Sobriety Tests or Exercises

What can a DUI Lawyer do to prevent a judge or jury from considering a refusal to perform tests?

A Motion to Suppress Refusal to Perform the Field Sobriety Exercises can be filed based on relevancy and the failure to inform the driver of the adverse consequences of a refusal.

What have Florida Courts ruled where a Refusal to Perform the Field Sobriety Exercises is an issue?

“In the context of a refusal to perform Field Sobriety Exercises, the Florida Supreme Court addressed the issue in State v. Taylor, 648 So.2d 701 (Fla. 1995) [20 Fla. L. Weekly S6b]. The Supreme Court found that a refusal to perform Field Sobriety Exercises can be admissible to show consciousness of guilt. Id. at 705. In that case, the Court specifically found that the Defendant was asked twice to take the tests, he was explained the purpose of the tests and additionally warned that the officer would be forced to make a decision concerning arrest based on his observations up to that point. Id. at 704. The Court rejected Taylor’s claim of a “safe harbor” as a result of being clearly advised of the adverse consequences of his refusal. Id.”

What has the Florida Supreme Court ruled about the admissibility of Refusal to Perform tests?

“The Florida Supreme Court again addressed the issue of a Defendant’s refusal to perform some act and consciousness of guilt in Menna v. State, 846 So.2d 502 (Fla. 2003) [28 Fla. L. Weekly S340a]. In Menna, a Defendant was asked to submit to a gunpowder residue test and declined to submit to the test without first talking to her attorney. Neither person who asked the defendant to submit to the test indicated that it was anything but voluntary and did not advise her of any adverse consequences of her refusal to submit to the test. The Court in upholding the exclusion of the refusal in Menna adopted the reasoning of Judge Pearson in Herring v. State, 501 So.2d 19 (Fla. 3rd DCA 1986) which stated “a Defendant’s behavior is circumstantial evidence probative of his consciousness of guilt, and ultimately guilt itself, only when it can be said that the behavior is susceptible of no prima facie explanation except consciousness of guilt.” Menna, 846 so.2d at 505 (citations omitted).

How does a trial court decide on an alleged Refusal to Submit to Field Sobriety Exercises?

Recently, a trial court decided that a refusal to submit to field sobriety testing was not to be used by a DUI prosecutor, the jury, or in the court. The court ruled:

“In the Instant case, Officer Martin clearly indicated that the exercises were voluntary and solely up to the Defendant as to whether she wanted to perform them. His responses to her questions about what happens if she does not perform them are clearly ambiguous at best and at worst confusing to the Defendant because the officer never indicates what decision (to arrest the Defendant) he is talking about. Thus any adverse consequences stemming from the refusal are never clearly relayed to the Defendant unlike the Defendant in Taylor who is clearly advised that the decision to refuse the tests will be used by the Officer in deciding whether to arrest the Defendant.”

How does a refusal to submit to Field Sobriety Exercises prove the guilt of the Driver in a DUI case?

Prosecutors call the refusal proof of consciousness of guilt. However, a trial court has ruled: “Compounding the problem of the issue of consciousness of guilt in this case is the Defendant’s statements that she does not want to perform the exercises because of her bad knee. Her initial decision not to perform the exercises is clearly based on her physical limitations. Under Menna, because the Defendant’s behavior is susceptible to another prima facie explanation besides consciousness of guilt, the behavior is not circumstantial evidence probative of consciousness of guilt. Whatever consciousness of guilt could be gleaned by her reluctance to perform the exercises is clearly overshadowed by the fact that she agrees to perform the exercises when it is made clear that being arrested is the adverse consequence of her refusing to perform the exercises. This Court, based upon the facts of this case, finds the Defendant’s refusal to perform the Field Sobriety Exercises is not circumstantial evidence of guilt, not probative to the issue of guilt itself and therefore not admissible.”

Source: 23 Fla. L. Weekly Supp. 791a

Online Reference: FLWSUPP 2307TATT

Case Number: Case No. 59-2014-MM-7630-A County Court, 18th Judicial Circuit in and for Seminole County

1st Time DUI, 2nd Time DUI Or More

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

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!