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Can you get a DUI on a lawnmower in Florida? Dashcam Video

May 14, 2019May 14, 2019 W F Casey Ebsary Jr

Can you get a DUI on a lawnmower in Florida?

Yes – You certainly can get a DUI on a lawnmower in Florida. W.F. “Casey” Ebsary, Jr. just obtained some interesting dash camera video of a nicely-equipped lawnmower that was stopped by a DUI investigator in Florida. Watch this “tricked out” lawnmower with patio umbrella for shade get pulled over.

2018 Florida Statutes 316.193 | Driving Under the Influence

A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Some people mistakenly think that they can drive a lawnmower, golf cart or bicycle while impaired. On the contrary, the Florida DUI law uses the term “vehicle.” Then Florida Statues define vehicle broadly and easily include cars, lawnmowers, golf carts, bicycles, tricycles, motorcycles.

VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks.
2018 Florida Statutes 316.003 (99) Definitions

If you have a DUI you need an attorney. If this is your first DUI, you may want to read more.

Don’t unwittingly think that as long as you stay off of the roads you can travel around impaired. Florida has more than 65,000 square miles of water. There are also Boating DUI laws (The 2018 Florida Statutes 327.35).

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.

1st Time DUI, Expert Attorney WF Casey Ebsary Jr

Reducing Impaired Driving Recidivism – RIDR

February 20, 2018January 6, 2022 W F Casey Ebsary Jr

We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”

Reducing Impaired Driving Recidivism – RIDR

Program To Help Reduce Repeat DUI Offenders

This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.

This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.

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