Tag: Florida 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, 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 News

Florida DUI Arrest Contest Costs $1,720,000

W F Casey Ebsary Jr
Arrest Contest, DUI Arrest, DUI Arrest Contest,
Give away $18,000
Cost citizens nearly $2,000,000.
9500 percent ROI. 

How to Win a DUI Arrest Contest

As a Georgia DUI Lawyer noted, when contests and quotas are in play, some police agencies keep their eyes on the prize. In that case , there is a civil rights lawsuit attacking quotas for DUI Arrests.

Florida DUI Arrest Contest – True Costs

Meanwhile, back in Florida, one small Florida town became the best losers by finishing second in the DUI Arrest Contest that is an ongoing competition to see who can make the most arrests and win cash and prizes. They won $18,000 for 86 arrests.

 

Let’s do the math (show your work) and find the actual cost to some Americans – $1,720,000.

86 Arrests x $5,000.00 Legal Fees =   $   430,000
86 Arrests x $2,500.00 Fines =  $   215,000

86 Arrests x $12,500 Insurance Increase = $1,075,000

Total Estimated Costs to Citizens =                  $1,720,000

Great return on investment.

Give away $18,000 and cost citizens nearly $2,000,000.
This is a 9500 percent return on investment ( ROI ).

By the way, the headline read, “Village police win $18,000 for DUI safety equipment.” The police in this town also train cops in the faux science of Drug Symptom Recognition. The chief of police sends his”Drug Recognition Enforcement (DRE) program officers to attend numerous DUI checkpoints and training to gain valuable experience.”  We have covered the fake science associated with Drug Recognition Experts and their creation by the DUI Industrial Complex here.

Read the complete DUI Arrest Contest Winners story here:

Previous Florida DUI Arrest Contest Coverage