Tag: Florida DUI Arrest

Breath Test Over 08, DUI On Drugs

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

W F Casey Ebsary Jr
DUI In Tesla’s Self-Driving Car?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, 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