Learn how to avoid the top 3 mistakes that frustrate prosecutors and discover how we defuse them to protect your rights in DUI cases.
If you’re facing drug charges in Florida, every move matters—especially when prosecutors are already on edge. I’m W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer with decades of experience defending clients in high-stakes cases. Don’t give the State any extra ammunition. Call me today at 813-222-2220, read more about my credentials, or send a confidential message here. Let’s take action before the prosecution does.
Angry DUI Prosecutors
Prosecutors are decision-makers with wide discretion in DUI cases. Their mood and perception of a case often shape plea offers, sentencing recommendations, and whether your charges are dropped or escalated. When prosecutors get angry, those negotiations quickly shift from lenient to harsh. Understanding what triggers their frustration—and having a skilled DUI attorney to respond—is essential to protecting your future.
Don’t let a frustrated prosecutor steer your case. Our team at DUI2Go fights to protect your rights and reputation.
👤 Meet Attorney W.F. “Casey” Ebsary Jr.
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Here are the top three things that anger prosecutors in DUI cases and how we help clients deal with them effectively.
Infographic: Three Things That Anger DUI Prosecutors
1. Serious Charge
DUI cases involving serious injury, death, child passengers, or multiple prior offenses immediately raise red flags for prosecutors. These aggravating factors often cause the State to pursue maximum penalties, regardless of the defendant’s background or remorse.
What We Can Do:
Our office meticulously reviews each case for possible legal defenses and procedural flaws. If the case cannot be dismissed, we push for charge reduction through evidence-based negotiations and remain trial-ready to fight for a favorable outcome when needed.
2. New Charges While a Case Is Pending
Nothing frustrates prosecutors more than seeing a defendant get arrested again while out on bond. They interpret this as disregard for the court system and often respond by asking for jail time or bond revocation.
What We Can Do:
We may challenge the validity of the new arrest and file motions to preserve your bond. Our team can negotiate a combined plea (“wrap offer”) that addresses both charges at once, minimizing your exposure to consecutive penalties.
3. Failures to Appear
Missing court—even once—can infuriate prosecutors and derail your case. It may lead to new charges for Failure to Appear (FTA), revoke a plea offer, and damage your credibility with both the judge and the State.
What We Can Do:
We act quickly to explain legitimate reasons for your absence and file motions to withdraw warrants. When necessary, we appear in court on your behalf to prevent further complications and restore goodwill.
Don’t let a frustrated prosecutor steer your case toward the harshest outcome. Our team at DUI2Go fights to protect your rights and reputation.
👤 Meet Attorney W.F. “Casey” Ebsary Jr.
📬 Schedule Your Free Consultation
🔍 Frequently Asked Questions
Even minor accidents can concern prosecutors because they signal a risk to public safety. However, lack of injuries and clean prior history often allow us to negotiate for reduced penalties, especially if there’s no aggravating conduct like high BAC or reckless driving.
In some counties, prosecutors offer DUI diversion programs for first-time offenders. These options can lead to case dismissal upon completion. We determine if you’re eligible and advocate for your entry into such programs.
Prior DUIs, especially within five years, significantly harden prosecutors’ attitudes. We examine timing and circumstances of past charges and seek to distinguish your current case for more favorable treatment.
Absolutely. A cooperative defendant who follows court orders and avoids new trouble is more likely to receive leniency. We emphasize your good conduct and rehabilitative efforts during negotiations.
Refusal can be seen as non-cooperative but is not automatic guilt. We explore whether the refusal was lawful under Florida’s implied consent rules and challenge improper testing procedures.
Yes, it shows good faith and proactive responsibility. We often use DUI school completion to support plea mitigation or to negotiate alternatives to jail time.
Yes, but they usually won’t unless prompted. We highlight the weaknesses—like lack of probable cause or unreliable field sobriety results—to persuade the State to dismiss or reduce charges.
Prosecutors may still pursue a DUI under the “impairment” theory. We attack the arresting officer’s observations and contest whether your driving actually showed impairment.
A DUI conviction stays on your record for 75 years in Florida. That’s why our goal is to resolve your case without a conviction when possible—through dismissal, diversion, or charge reduction.
Yes, if new evidence arises or they suspect additional crimes (e.g., resisting arrest). Our defense strategy anticipates and counters these moves to avoid surprises in court.
⚖️ Prosecutorial Triggers vs. Defense Strategy Table
| Prosecutorial Trigger | Consequence | What DUI2Go Does to Help |
|---|---|---|
| Serious Injury or Fatality in DUI | Harsh sentence recommendation | Review for dismissal, reduce charge, trial prep |
| New Arrest While on Bond | Bond revocation, harsher plea offer | Motion for bond, negotiate wrap plea |
| Failure to Appear | Capias issued, plea deal withdrawn | Motion to withdraw warrant, explain absence |
| High BAC or Refusal | Increased minimum penalties | Challenge breath test or refusal procedures |
| Prior DUI Convictions | Mandatory jail, long license suspension | Argue distinctions, request leniency |
📞 Contact an Experienced DUI Attorney Today
Our team at DUI2Go fights to protect your rights and reputation.
👤 Meet Attorney W.F. “Casey” Ebsary Jr.
📬 Schedule Your Free Consultation