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

February 27, 2018January 6, 2022 W F Casey Ebsary Jr

What happens when an officer pulls over a self-driving car? Can the officer charge anyone with a DUI in a self-driving Tesla? Some Scholars have written about this and I thought we might review this issue. Tesla automobiles have an autopilot feature. It is not truly self-driving as Tesla has referred to it as semi-autonomous driving. Other car companies have also tried developing autopilot technology.

California Highway Patrol Charge Driver With DUI in a Tesla.

In January 2018, in San Francisco, a person in a Tesla car had an alcohol level twice the legal limit. The Tesla’s operator received a DUI. Tesla has instructed drivers using autopilot to maintain consciousness while driving. Also, Tesla tells drivers using autopilot to keep their hands on the steering wheel. In this arrest, the driver explained that the Tesla was on autopilot to the California Highway Patrol. Even with the driver’s explanation, the officer arrested and charged the driver with DUI. The California Highway Patrol tweeted that the car did not drive itself to the tow yard.

Will Florida Officers Charge Drivers With DUI in a Tesla?

Florida law prohibits an intoxicated driver from being in actual physical control of a vehicle. The car does not need to be moving at the time of a DUI arrest. Florida only requires that the vehicle is capable of being moved. The case law discusses the location of the keys and whether or not the car is operable. Under this broad definition of driving that includes the capacity of physical control of the car, it is highly unlikely the operator of a self-driving car would beat a DUI on that defense. It is probable that the court would find the driver was in actual physical control of the vehicle. Hence, some cars equipped with these automatic driving features have contracts that require the user to keep hands on the steering wheel even when the vehicle is in autopilot mode.

1st Time DUI, Commercial DUI, Underage DUI

First-Time DUI Diversion

February 26, 2018April 7, 2018 W F Casey Ebsary Jr

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

Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.

1st Time DUI, Breath Test Over 08

Reducing Impaired Driving Recidivism – Established DUI Diversion

February 21, 2018January 6, 2022 W F Casey Ebsary Jr

DUI Diversion Program

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.

Breath Test Over 08, Breath Test Refusal, Expert Attorney WF Casey Ebsary Jr

Avoid DUI: Fun & The Super Bowl

February 4, 2018January 6, 2022 W F Casey Ebsary Jr

How To Avoid DUI Charge

You want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber, Lyft maybe even staying where you are.

What is Important?

You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:

money
- lost wages,
- court costs,
- bail costs,
- defense costs,
- if you are adjudicated the increase in insurance costs,
- sometimes costs associated with education,

time
- time getting booked
- time in court
- time negotiating how to get back and forth to work or groceries or picking up kids
- time learning about the charge
- time deciding what attorney to hire
- time away from family and friends

stress
- stress of the DUI stop with the police
- stress of being booked into the jail
- stress of court proceedings
- stress loss of driving
- stress of loss of work

You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.

To find out what we say about avoiding DUI charges at other prime times:

DUI News

Video | DUI Arrest Contest Trooper Tasers Sober Driver

March 29, 2012January 6, 2022 W F Casey Ebsary Jr

Taser, Arrest, DUI, Tampa DUI, DUI Tampa, DUI Attorney, DUI Lawyer, Arrest Contest

Worst DUI Arrest in the World

DUI Attorney in Tampa has just received a report that a 200 Arrest Award Winner in a DUI Contest has admitted to numerous violations of DUI Arrest procedures including shutting off her microphone to hide what she was saying to DUI suspects during her traffic stops.

We have just obtained this shocking video where she tasers a driver who according to one source the video “caught her tasering a terrified man after he refused to get out of his car asking to call his lawyer. The man was later found to have been sober.” The cop flew off the handle when the driver sought to get advice of a DUI attorney / lawyer. The driver was tested at a BAC .03 and the the case was settled for $40,000.

In my 20 years of criminal defense experience, this is in my opinion, the worst dui arrest I have ever seen. I hereby award this cop my award for Worst DUI Cop With 200 DUI Arrests per Year in the World.

Bad DUI Arrest? Call Casey at 813-222-2220

We have repeatedly Condemned these DUI contests:

DUI Arrest Contest Rules and Prizes | Tampa DUI Attorney Lawyer …

Dec 15, 2011

DUI Attorney on Florida’s West Coast just uncovered the “rules” for a recent DUI Arrest Contest. The awards are characterized as DUI enforcement equipment, some of it valued at thousands of dollars. As a Criminal Defense Attorney, I am not …

http://news.duifla.com/

DUI Video | Pasco Florida Highway Patrol Arrest Contest | Tampa …

Nov 28, 2011

DUI Video | Pasco Florida Highway Patrol Arrest Contest. Florida DUI Attorney Lawyer continues to be concerned with the game that some police agencies have made out of DUI arrests. DUI cops in Pasco County Florida set out to break a …

http://news.duifla.com/

DUI Arrest Contest Trophy? | Tampa DUI Attorney Lawyer Defense …

Aug 08, 2011

DUI Arrest Contest Trophy? DUI Attorney Lawyer noticed this was parked outside of the Hillsborough County Courthouse in Tampa, Florida this morning. This is an outrageous scenario and there are few, if any, other crimes that give out …

http://news.duifla.com/

Victim of Bad DUI Arrest? Call Casey at 813-222-2220

Source: http://www.dailymail.co.uk/news/article-2122397/Lisa-Steed-Trooper-year-admits-violating-DUI-procedure.html#ixzz1qZNWfllF