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Can St Petersburg Seize Vehicles in DUI Cases?

There does not appear to be any legal impediment to adding DUI as a basis for vehicle seizure . . .”
St. Petersburg City Attorney

DUI St Petersburg Attorney Lawyer St Petersburg DUI St Pete DUI Board Certified Attorney Lawyer W.F. “Casey” Ebsary, Jr., St. Petersburg DUI Attorney Lawyer, Board Certified Criminal Trial — St. Petersburg DUI Lawyer

Yes, St Petersburg, Florida will join a few other Florida towns and cities allowing police to seize the vehicle of driving under the influence suspect and sell it back to him/her for around $500.00.

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Now St Petersburg Will Try to Seize Vehicles in DUI Cases

St. Petersburg DUI Vehicle Seizure — St. Petersburg DUI Attorney

The city legal team has stated, “There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure and impoundment with a companion administrative fine. “

List of Cities with DUI Vehicle Seizure Laws in Florida

Other Florida cities have ordinances which include driving under the influence as a basis for seizing the vehicle in traffic cases. A statewide search of these municipalities lists these cities:

Dunnellon, FL – Provides a catchall. The ordinance reads: The vehicle was used, intended or attempted to be used, to facilitate the violation of any criminal statute and the operator of the vehicle has been taken into custody by the police department and such motor vehicle would thereby be left unattended. The additional language which authorizes vehicle impoundment if the police officer has probable cause to believe that the operator of the vehicle or another person in charge of the vehicle is incapacitated to such an extent as to be unable to provide for its custody, control, or removal.
Wildwood, FL – Provides a catchall. The ordinance reads: Is subject to being detained for any other reason if the police chief elects to proceed on same under the provisions hereof.
Atlantis, FL
Biscayne Park, FL
Hypoluxo, FL
Lantana, FL
Mangonia Park, FL
Port Richey, FL

St. Petersburg Proposed Vehicle Seizure Ordinance

“Proposed amendments: Adding driving under the influence to the section will provide officers an additional tool to promote public safety and penalize dangerous driving choices in the City. There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure and impoundment with a companion administrative fine pursuant to section 20-122. If the proposed change is approved, officers will be educated regarding this additional public safety tool. “

“The Department respectfully requests the following three amendments to City Code Section 20-122:

first [sic] amend section (b) to include driving under the influence as a basis for an officer to seize and impound a vehicle;
next [sic] amend section (e)(2) regarding the scheduling of the optional preliminary hearing from two business days to five business days;
then [sic] amend section (f)(1) regarding the scheduling of the optional final hearing from two business days to five business days. “St Petersburg, Florida DUI – Attorney and Former DUI Prosecutor, W.F. “Casey” Ebsary, Jr., was an Assistant State Attorney / DUI Prosecutor in the State Attorney’s Office and has handled hundreds, of DUI cases as a trial lawyer. Drivers facing DUI or BUI in St Petersburg, Florida can call Casey for help when DUI troubles arise.

Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than 1/2 of 1 percent of Florida’s lawyers have qualified for this distinction. Click on the Florida Bar Board Certified Criminal Trial Icon above to review Casey’s qualifications.

St Petersburg DUI Arrest Award Winner – Officer Robbie Arkovich of the St Petersburg Police Department has been recognized for 1000 arrests.

Let me help you, a friend or a loved one

Board Certified Criminal Trial Specialist, W.F. ”Casey’ Ebsary Jr. knows that DUI is a serious charge to have on your driving record. You need a serious defense! The Call is Free and the Relief can be valuable.

You Can Search Casey’s Huge St Petersburg Florida DUI Defense Lawyer / Attorney Information Database for Free at the top of the page. If you do not find what you are looking for, call me today at (813)222-2220.

DUI Board Certified Criminal Trial Lawyer near St Petersburg Florida Defense Lawyer, W.F. “Casey” Ebsary, Jr. on Twitter

What About Forfeiture of Assets for DUI?

W.F. “Casey” Ebsary, Jr. in Tampa, Florida handles forfeiture cases in State and Federal Courts. Call Casey today for a free phone consultation to discuss how Casey can help you, your family, or your company.

Casey is a Board Certified Criminal Trial Lawyer with civil and criminal litigation experience.

DUI St. Petersburg Forfeiture Attorney | DUI St.Petersburg Florida Forfeiture Lawyer

Call Casey (813)222-2220

W.F. “Casey” Ebsary, Jr., is a Board Certified Criminal Trial Lawyer with diverse criminal litigation experience. Main Office Tampa Conveniently Located: 2102 W Cleveland St Tampa, Florida 33606. Licensed in Florida, Federal Middle District of Florida, and the 11th Federal Circuit. Call Casey (813)222-2220.

DUI Defense Lawyer near St Petersburg FL, W.F. “Casey” Ebsary, Jr. (813)222-2220 |

Pinellas County Criminal Courthouse Map | DUI St Petersburg Attorney Defense Lawyer

W. F. “Casey” Ebsary, Jr., a former prosecutor, and Board Certified Criminal Trial Lawyer has been the attorney of record in hundreds of DUI cases. He has represented clients in driving under the influence (DUI) and driving while intoxicated (DWI) cases in many Florida counties. Casey is a former Assistant State Attorney (Prosecutor) and a former Assistant Public Defender. He has litigation experience which includes DUI St Petersburg, counterfeiting, driving under the influence, fraud, forgery, murder, money laundering, and theft.

Sources: http://www.stpete.org/agenda%20packets/2017-10-05%20Council%20Agenda.pdf, http://www.tampabay.com/news/publicsafety/crime/driving-drunk-in-st-pete-police-can-soon-impound-your-car/2340502, http://www.wtsp.com/news/local/arrested-for-dui-heres-the-city-in-tampa-bay-where-youll-now-be-paying-a-lot-more/482312655

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Latest DUI Stories

What happens to me after a DUI arrest?

Failure of Roadside “Tests”

Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.

Loss of Privilege

If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.

Recording of “Test”

Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.

DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests.
Under Florida public records law, the media can obtain copies of all reports, including this video.

How do I get my Driver’s License back?

Business Purposes License

If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.

Hardship License

Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.

Standards For Suspension

The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.

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St Petersburg Will Try to Seize Vehicles in DUI Cases