Hillsborough DUI Attorney – Charges Defended Since 1997.
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DUI Attorney Hillsborough
DUI charges in Hillsborough County, Florida? DUI Hillsborough Attorney, W.F. “Casey” Ebsary, Jr. is standing by to help you, a friend, or a loved one. DUI Hillsborough Lawyer Casey Ebsary is a Hillsborough DUI Attorney who prosecuted DUI charges in County and Circuit Court – Both Misdemeanors and Felony. Now he is on your side. If you have a DUI anywhere in the Tampa Bay Area, then you probably have some questions to ask from a Hillsborough dui lawyer. You can have your questions answered by a former Hillsborough County DUI prosecutor, W. F. “Casey” Ebsary, Jr. at 813-222-2220.
Casey Ebsary has handled hundreds of Hillsborough D U I cases and knows how to help you with your Hillsborough DUI. He has represented clients in driving under the influence, driving while intoxicated and in other types of civil and criminal cases in many of Florida’s counties. He worked for the State of Florida in prosecution (Assistant State Attorney) and defense Assistant Public Defender).
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Hillsborough County, Florida DUI Attorney
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Seasoned and Experienced
When you have been arrested for DUI, Board Certified Criminal Trial Lawyer W.F. ”Casey” Ebsary, Jr. is available to help 813-222-2220. For ten years, each spring, Mr. Ebsary taught the Review and Preparation Course for the Florida Criminal Trial Board Certification Exam. Mr. Ebsary has been a Member of the Student Education and Admissions to the Bar Committee of the Florida Bar, Chairman of the Criminal Law section of the Hillsborough County Bar Association. Mr. Ebsary received his Bachelor of Science in Business Administration, cum laude from the University of Florida and his Juris Doctor, cum laude from the Stetson University College of Law. Mr. Ebsary is also an Editorial Board Member of the Stetson Law Review.
In addition to being Board Certified by the Florida Bar, Casey Ebsary also has received an AV Rating by the Martindale Hubbell Law directory / Lawyers.com. This is their highest rating and shows that a lawyer has reached the height of professional excellence. AV rated lawyers have usually practiced law for many years, and are recognized for the highest levels of skill and integrity.
Defense of a DUI charge can be quite challenging. The main witnesses are generally the police. There is sometimes allegedly scientific evidence from the breath test and/or the medical or legal blood tests being presented against you. The breath test, officer’s testimony, and Standard Field Sobriety tests are used to try to present damaging evidence against you.
Check Out Qualifications of an Experienced Lawyer in Tampa, Florida
Board Certified Criminal Trial Lawyer, W.F. “Casey” Ebsary, Jr. can defend you against drunk driving charges and other traffic offenses. Drunk Driving is a nasty charge to have on your driving record. Casey can help defend against this charge. Whether you have been arrested, or just need to learn about the law, this site is dedicated to assisting you in finding some answers.
We are available 24 hours a day for a free case evaluation.
Contact a Lawyer in Tampa, Florida
The Tampa Bay area also includes Pinellas, and Pasco Counties. The Tampa Bay area also includes cities and townships of Tampa, Clearwater, St. Petersburg, Land O Lakes, Largo, Lutz, Temple Terrace, and the winter strawberry capital Plant City, to name a few.
If you refuse to take a breath, blood, or urine test after being arrested, or if results of your breath test were .08% or above, your license will be suspended unless a written demand for an administrative hearing is filed within 10 days after arrest.
Driving Under the Influence can be proven several ways. It can be proven with evidence of impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above.
Regardless of how the DUI is proven, when convicted one faces the same penalties. The Driving Under the Influence conviction penalties include: fine, community service, probation, vehicle impoundment, and imprisonment. Hillsborough County Courts sometimes allow defendants to serve their sentences in residential treatment programs for alcohol abuse, drug abuse, alcoholism, and/or addiction.
A fine of $500 to $5,000 and 50 hours of community service is usually imposed. The actual length of imprisonment is determined by the number of DUI convictions and the blood alcohol level and ranges from 6 months to 5 years. The duration that the vehicle is impounded depends on the defendants particular situation.
Serving Hillsborough County Florida and the surrounding counties since 1997.
Hillsborough County Florida DUI Hot Spots
DUI hot spots in the Hillsborough County Florida area. The SP Times reports that in one area, ” Town ‘N Country, Hillsborough County Sheriff’s DUI deputies make sure they monitor that portion of the county every single night.” Visit here for help with a Hillsborough DUI case.
The Data also shows the top 3 spots for DUI arrests:
Brandon with 412; Town ‘N Country with 226; and New Tampa with 195.
Hillsborough Boating Under the Influence Crackdown
Hillsborough DUI Lawyer reports a Crackdown enforcing BUI this summer by Florida law enforcement in Hillsborough County. Hillsborough County Sheriff’s Office Marine Unit deputies along with state and federal agencies will be calling the crackdown Operation Dry Water and focus will be upon the detection and enforcement of BUI (boating under the influence) of drugs and/or alcohol. The conviction and penalties are as serious and severe as DUI and can include: arrest, fines, and loss of boating privileges.
Florida DUI Arrest Contest Winners
A recent Mothers Against Drunk Driving (MADD) Awards Banquet honoring Florida Highway Patrol Officers with exceptional amounts of DUI arrests recognized many Tampa Bay Area officers.
There were 13 contest winners at the Hillsborough County Sheriff’s Office (HSCO) who had made more than 100 DUI arrests that year. There were 16 contest winners at the Tampa Police Department (TPD) who got over a hundred DUI arrests in the year. There were others with less and some officers were recognized with over a 1000 arrests.
100 DUI Arrest Award Winners – Sheriff’s Office
• Deputy Jackie Brock
• Deputy Beau Dobson
• Deputy James Glover
• Deputy Carolyn Jolly
• Deputy Carl McCalla
• Deputy Jimmy McDowell
• Deputy Matthew McMurphy
• Deputy Felix Moret
• Deputy Lawrence Morrell
• Deputy Shawn Morrey
• Deputy Kevin Stabins
• Deputy Candace Steinmeir
• Deputy Anthony Watson
1000+ DUI Arrest Awards
• Deputy Jackie Brock
• Deputy Lloyd Hyder
• Deputy Felix Moret
• Deputy Lawrence Morrell
• Deputy Paul Shute
• Deputy Gregory Williams
More Information on Hillsborough County Traffic Crimes
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.
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.
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.
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.