Category Archives: DUI

Gasparilla BUI Attorney Lawyer Video – Possession of Alcohol Under 21

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BUI BOAT 3054 Attorney Gasparilla Arrest
Possession of Alcohol Under 21 
MISC0112  
Tampa Criminal Defense BUI Attorney will be providing live Arrest Reports we will not be using names, but only the charges made, the time and location of the Gasparilla Arrests  from the Gasparilla Pirate Fest. We will have video and updates throughout the day. We will be monitoring several sources including the Hillsborough County Jail on Orient Road near Tampa Florida.


Boating Under the Influence Penalties for BOAT 3054 BUI Boating Under the Influence include jail time, fines up to $500.00 for 1st offenses, up to $1,000 for 2nd offenses, and completion of drug and/or  alcohol rehabilitation programs. 3rd or 4th convictions of BUI are often charged with a felony instead of a misdemeanor.Possession of Alcohol Under 21 MISC0112 was the most frequent charge for Gasparilla 2012 Arrests. It appears there were far fewer arrests this year than last year’s 359 arrests. Fox Tampa Bay reports, “Over 200 open container citations were issued and only 16 adults were arrested – 14 of those were misdemeanor charges.” These numbers are consistent with our reporter’s investigation and other sources we monitored.

Criminal Defense Attorney Needed?  Call 813-222-2220 .

While there were several DUI charges in the early morning, it was not until late afternoon that we saw a BUI  Boating Under the Influence Arrest BOAT 3054 in Garrison Channel. In 2010 there were 5 Gasparilla Pirate Fest BUI Boating Under the Influence Arrests. The Police, Sheriff’s Office, Coast Guard, and Florida Fish and Wildlife may be using a Mobile Facility this year to process arrests made on the water. Penalties for BUI – boating under the influence can include jail time, fines up to $500.00 for 1st offenses, fines up to $1,000 for 2nd offenses, and drug and alcohol rehabilitation programs. Those facing 3rd and 4th convictions of BUI are often charged with a felony instead of a misdemeanor.

 

Orient Road Jail Hillsborough County, Florida near Tampa
Orient Road Jail Hillsborough County, Florida near Tampa

 

Hourly Arrest Updates


11 pm Arrest UpdateNo Gasparilla arrest suspects were booked into the Orient Road Jail this hour. Hopefully it has quieted for the night and no one else will get in trouble. We will be working all weekend, so if anyone has questions call 813-222-2220.


10 pm Arrest Update


BUI Seddon Channel 5:45 pm
BUI Hookers Point 6:38 pm
Obstruct Kennedy 7:22 pm

9 pm Arrest Update


Obstruct Ashley St 2:30 pm
Obstruct Platt St 2:30 pm
BUI Hillsborough River 4:29 pm
Trespass Fielding St 4:45 pm
BUI Port of Tampa 5:25 pm
DUI Bay to Bay 5:45 pm
BUI Seddon Channel 5:53 pm

8 pm Gasparilla Arrest Update


Poss Alcohol Minor Bayshore 4:00 pm
Disorderly Conduct  Bayshore 4:16 pm

7 pm Gasparilla Arrest Update
 

BUI Garrison Channel 4:09 pm

 
6 pm Gasparilla Arrest Update



Theft Morrison 2:46 pm
Poss Ecstasy Bayshore 2:50 pm
Theft Morrison 3:10 pm
Disorderly Conduct Morrison 3:20 pm



5 pm Arrest Update


Trespass Bayshore 1:15 pm 
Minor Poss Alcohol Bayshore 1:55 pm 
Minor Poss Alcohol Howard 1:55 pm 
Minor Poss Alcohol Howard 2:00 pm 
False ID Howard 2:00 pm

 

 


















4 pm Gasparilla Arrest Update

 

While the early morning was busy at Ashley Drive and Kennedy Boulevard, has been quiet.

 
3 pm Gasparilla Arrest Update
 

All quiet . Makes me wonder if the arrests are being handled at a remote booking facility.

 
2 pm Gasparilla Arrest Update
 

All quiet at the Hillsborough County Jail

 
1 pm Gasparilla Arrest Update
 

All quiet on the Bayfront

 
Noon Gasparilla Arrest Update
 

After quite a bit of early morning DUI activity on Ashley and Kennedy early this morning – seems quiet now.

 
11 am Arrest Update



DUI Bayshore 12:00 Midnite
Battery Platt Street 1:44 am
DUI Kennedy 157 am
DUI Howard Ave 3:35 am
DUI Ashley 4:15 am
DUI Ashley 4:33 am
DUI Platt 4:36 am
DUI Kennedy 4:41am

Latitude 27.947500° N
Longitude 82.458611° W


Criminal Defense Attorney Needed?  Call 813-222-2220 .

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Gasparilla Zero Tolerance Policy includes:

Must be 21 or older to consume alcohol

No trespassing on private property

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

#DUI: The People’s Guide to Fighting – DUI Defense Book

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DUI Defense Book, DUI Attorney, DUI Attorney Tampa, DUI Lawyer, DUI Lawyer Tampa, Criminal Defense Attorney

DUI Defense Book

The Ultimate Guide to DUI Defense in Florida

Introduction

Welcome to the comprehensive world of DUI defense in Florida! In this 86-page color-illustrated DUI Defense Book, you will embark on a journey through the intricacies of Florida’s strict driving under the influence laws. From the moment of arrest at the roadside, to your stay in the county jail, the impoundment of your vehicle, posting of bond, and the battle to keep your driver’s license intact, we’ll guide you through it all. The path from arrest to days or months in court may seem daunting, but within the pages of this book, you will find the information you need and the hope that you, a friend, or a loved one may need. This book is your key to knowledge, and it will equip you to fight like an expert.

Table of Contents

This DUI Defense Book, authored by a DUI expert from Tampa, Florida, covers a wide range of topics that are essential for anyone facing a DUI charge. Here’s a glimpse of what you’ll find inside:

Understanding Florida’s DUI Laws:

Get a comprehensive overview of Florida’s strict DUI laws and the penalties associated with them.

The Arrest Process:

Learn about what to expect during a DUI arrest, your rights, and how to navigate this stressful situation.

County Jail Experience:

Discover what it’s like to spend time in the county jail after a DUI arrest and how to cope with this challenging situation.

Vehicle Impoundment:

Understand the process of impounding your vehicle and the steps you can take to address this issue.

Posting Bond:

Explore the intricacies of posting bond after a DUI arrest and ensuring your release from jail.

Protecting Your Driver’s License:

Learn how to safeguard your driver’s license, as the driver’s license office may attempt to suspend it.

The Legal Battle:

Get insights into the legal process, court proceedings, and the strategies you can employ to fight your DUI charge effectively.

Hope and Information:

Find the hope and information you need to face your DUI case with confidence.

Available Formats

This invaluable DUI Defense Book is available in multiple formats, making it convenient for you to access the information you need:

Paperback: You can purchase the paperback version of the book here.

eBook: If you prefer digital formats, you can download the eBook version here.

UPDATE: Access on iTunes

Great news! The DUI Defense Attorney book is now available on iTunes, adding another convenient platform for accessing this valuable resource. You can download the DUI book with iBooks on your Mac or iOS device, or use iTunes on your computer.

Click here to access the DUI Defense Attorney book on iTunes.

Amazon Availability

We’re excited to announce that Amazon has also picked up our #DUI book. Thanks to everyone for your support!

You can find the book on Amazon by following this link: DUI: The People’s Guide to Fighting Like an Expert on Amazon.

Amazon Author Page

Explore more of the author’s works and insights on the Amazon Author Page. You’ll find a collection of valuable resources related to DUI defense and legal expertise.

Visit the Amazon Author Page here.

Available at Barnes and Noble

If you prefer Barnes and Noble for your book purchases, you can find the DUI Defense Book there as well.

Get your copy of DUI: The People’s Guide to Fighting Like an Expert at Barnes and Noble here.

Sample Preview on Google Books

For a sneak peek into the DUI Attorney book, you can read a sample on Google Books. This sample provides a glimpse of the valuable information and insights you’ll find within the book.

Read a sample of the DUI Attorney book on Google Books here.

Conclusion

Facing a DUI charge in Florida can be a daunting experience, but with the right knowledge and resources, you can navigate the legal process and fight like an expert. This DUI Defense Book, authored by a seasoned DUI expert, offers the guidance and information you need to protect your rights and achieve the best possible outcome in your case. Whether you prefer a paperback or digital format, you can access this valuable resource conveniently.

Remember, knowledge is power, and this book is your key to understanding and mastering the complexities of DUI defense in Florida. Get your copy today and embark on your journey to fight like an expert!

 

 

Read a sample of the DUI Attorney book here on Google Books:

 

Book Reviews:

 

By Richard Georges, Esquire May 16, 2015

“This new book by my former student, Casey Ebsary, is a quick, easy read full of useful informaton about what to do if charged with DUI. There are many details that can be marshaled by the arrested driver, and Casey outlines them for the reader. Don’t go it alone. Get legal advice; but, before you are arrested, read this book. Of course, my solution, don’t drink and drive, will help more. But, that said, you need to know the law if you are going to limit the impact of an arrest.”

Futurelawyer.com

By Michael Maddux, Attorney-at-Law May 16, 2015

“The author has taken his two decades plus of experience as a state prosecutor and board-certified criminal trial attorney and distilled his insight into a practical application for the layperson. This is the one guide you will want to march you through the complicated terrain of DUI litigation. Those who own this guide are sure to find comfort in their journey through an unpleasant process that affects a broad spectrum of people. Given the significant costs of a DUI knowing how to survive one and defeat the typical outcome makes this book a bargain.”

Tampa Lawyer

By Deva Caprice May 17, 2015

“If you are not fortunate enough to have an attorney as capable as Mr. Ebsary as your counsel, at least you can take the distillation of his wisdom and practical experience and teach your public defender a thing or two before your day in court and then maybe you’ll stand a chance and won’t have to use your lawn mower as transportation. Good Luck! But why count on luck when the law actually can be on your side…as long as you are privy to the rare and precious factoids provided in the concise and easy to read guide. Cheers!”

A Driver

#DUI: The People’s Guide to Fighting Like An Expert

 

By W.F. ”Casey” Ebsary Jr (Tampa, Florida 2015)

DUI Book Table of Contents

 

Introduction: Do You Need a DUI Lawyer?
3-Step Roadmap to Getting Back on the Road
The Traffic Stop
DUI Checkpoints
Vehicle Seizures and Forfeitures
Checkpoint Invalidated
DUI Checkpoint Invalid
Law Enforcement DUI Checkpoint or Roadblock Manual
Wolf Packs
DUI Arrest Contests
No Bad Driving
Anonymous Tips
Traffic Stop by Non Law Enforcement
The Roadside Encounter
Field Sobriety “Tests” | Not Really
Video Recording of Police Encounters
Roadside Policy on DUI Arrests
Refusal of Roadside Testing for DUI
Five Field Sobriety Exercises
HGN – Horizontal Gaze Nystagmus
Five Things to Know About Drug Recognition Experts
Walk and Turn
One Leg Stand
Finger to Nose
ABC – Reciting the alphabet
Failure to Follow Proper Procedures
Phony Reporting Roadside Sobriety Investigation
Illegal Detention
DUI Detention After a Crash
The Arrest
Targeting Restaurants and Bars
Citizen’s Arrest
The Breath Test
Refusal to Submit to Chemical Test
Implied Consent Warning
What Does a Cop Suspected of DUI Do When Asked?
What About a Driver’s Miranda Rights?
Breath Test Results Report
Witnesses Required For Court
Broken Breath Machines
Calibration of the Breath Machine
Tinkering with Intoxilyzer 8000 Breath Machines
Roadside Breath Testing Not Used
Portable Breath Testing for Under Age 21
The Driver’s License
Florida DUI License Suspension
DUI Conviction on Driving Record for 75 Years
Summary of Florida DUI License Suspension Laws
Failure to Challenge Suspension Within 10 Days
Consequences of a DUI
Business or Employment Reinstatement
Refusal of a Blood Test
The Court
Florida Standard Jury Instruction for DUI Breath Alcohol
Jury Trial Victories
Acquittal of a DUI Charge
The Impact
Vehicle Impounded
First Time DUI Penalties
Second Time DUI Penalties
How to Go to Jail
Third time DUI Penalties
How to Get a Felony DUI
Commercial Drivers and DUI
Blood Testing
Hardship License Prohibited
Notes

Paperback Details

ISBN 9781329123335

Copyright Law Office of W.F. “Casey” Ebsary Jr.

First Edition

Published May 16, 2015

Pages 86

Paperback Full Color

eBook Details

ISBN 9781329141872

Copyright Law Office of W.F. “Casey” Ebsary Jr.

First Edition

Published May 16, 2015

File Format ePub

File Size 825.75 KB

Formats for Ebook ePub

Required Software Any ePub Reader

Supported Devices Windows PC/PocketPC, Mac OS, Linux OS, Apple iPhone/iPod Touch

Unlimited # of Devices

Flowing Text

Printable

8 Ways To Get To Gasparilla 2015 Pirate Festival

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7 Ways To Avoid A DUI at Gasparilla Pirate Festival 2015

Gasparilla Pirate Festival Ship 2015

As of 2023 and historically, there were 42 Gasparilla Pirate Festival related arrests and 63 open container civil citations (No open containers of alcohol outside the “wet-zone” or the parade route). Do not end your party in jail! With just a little fore thought you here are 8 ways to get to Gasparilla 2015 and avoid a DUI or BUI this weekend:

Gasparilla Pirate Festival Travel Plans

1. Charter A Helicopter.

        oldcityhelicopters.com charters helicopters from Davis Island (813) 254-1300

2. Charter A Yacht.

          suncoastadventurecenter.com charter a yacht and crew  (727) 480-8289

3. Take A Bus Or Streetcar

          Hillsborough Area Regional Transit  will be running extra buses. Park and ride the bus both ways for only $4. (813) 254-HART or (813) 254-4278

4. Take A Taxi

          Suburban Taxi (727) 260 8294
          Go Taxi Florida (727) 386-6787
          Metro Taxi (727) 412-2101
          Yellow Cab (813) 253-0121
          Cab Plus (813) 288-8888
          United Cab (813) 251-5555
          TampaWaterTaxiCo.com for a little twist try a water taxi (813) 900-3288

5. Designate A Driver: A Friend Or A Service For Hire.

          You or a friend agree not to drink and be the designated driver for the day.
          ZingoTampa.com You drive yourself there and hire someone to come and drive your car home. (888) ZIN-GO 11 or (888) 946-4611
          DesignatedTampa.com  You drive yourself there and hire someone to come and drive your car home. (813) 444-2332

6. Get A Car Ride From A Friend Or Pay For A Car Ride.

          Ride in a friend’s car with your friend who will not be drinking.
          Uber.com download application onto your phone then arrange for a pickup.
          Lyft.com download application onto your phone then arrange for a pickup.

7. Get A Hotel Near The Route And Sleep It Off.

Hyde Park Hotel 2105 West Bristol Avenue, Tampa, FL 33606 (813) 254-2000
Epicurean Hotel Autograph Collection 1207 South Howard Avenue Tampa, FL 33606 (813) 999-8700
Embassy Suites® Tampa – Hilton.com‎ 513 South Florida Avenue, Tampa, FL 33602 (813) 769-8300
Tampa Marriott Waterside Hotel & Marina 700 South Florida Avenue, Tampa, FL 33602 (813) 221-4900
The Westin Tampa Harbour Island 725 South Harbour Island Boulevard, Tampa, FL 33602 (813) 229-5000
Hilton Tampa Downtown 211 North Tampa Street, Tampa, FL 33602 (813) 204-3000
Sheraton Tampa Riverwalk Hotel 200 North Ashley Drive, Tampa, FL 33602 (813) 223-2222

8. As A Last Resort Call AAA

          AAAs TOW2GO at (855) TOW2GO (855) 286-9246
Mention of third party companies and products is for informational purposes only and constitutes neither an endorsement nor a recommendation.

Read Our Past Gasparilla Pirate Festival Posts:

Mr. Casey Ebsary, Tampa Criminal Defense Lawyer, found this Tampa Police Video. Casey Ebsary (813-222-2220) is working this weekend helping people charged at this year’s Gasparilla in Tampa.

16 Tips For Surviving Gasparilla Piratefest Invasion

Believe it or not, it is possible to enjoy the Gasparilla Pirate Invasion without waking up with a criminal record…Read More

https://www.dui2go.com/2013/01/surviving-gasparilla-pirate-invasion.html

Tampa Attorney BUI | Boating Under Influence | Gasparilla Arrest

In one recent Piratefest weekend there were 5 Gasparilla BUI Boating Under the Influence Arrests…Read More

https://www.dui2go.com/2011/01/tampa-bui-boating-under-influence.html

Boating Under the Influence – Crash Video

BUI charged Speedboat driver charged with manslaughter in fatal crash…Read More

https://www.dui2go.com/2013/07/boating-under-influence-crash-video.html

Gasparilla Notice to Appear or Arrest? Affordable Help From an Attorney | Lawyer | (813) 222-2220

In 2010 there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff’s Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests…Read More

https://www.drug2go.com/2011/01/gasparilla-notice-to-appear-or-arrest.html

Arrest Report Gasparilla Update

Tampa police reported 349 arrests, most for alcohol violations and all but three misdemeanors…Read More

https://www.drug2go.com/2011/01/arrest-report-gasparilla-update-359.html

Florida DUI Laws – Questions and Answers – Florida DUI Information

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Under Florida DUI Laws, Can the Court eliminate a DUI suspension imposed by the Bureau of Administrative Reviews – The Florida Department of Highway Safety and Motor Vehicles – DHSMV?

Questions and Answers

Questions and Answers

Under Florida DUI laws / traffic laws sections 316.656 and 322.2615 trial judges in county or circuit courts cannot alter the administrative suspension and / or revocation periods. On an equally important note, courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was over .20 . The only way to have an impact on the ability to drive after a DUI traffic stop, an arrest for DUI, a refusal to submit to a chemical test, or a breath result above .08 is to immediately take advantage of the procedures available via the Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Reviews (BAR).

Why should I hire a DUI Lawyer?

When stopped and arrested for DUI you may need to set a court hearing. Sometimes the hearing dates are set automatically. One reason to hire a competent DUI attorney is to find out the benefits that may be gained by investigating possible defenses, the risks of conviction, and what sentence may be imposed. Sometimes prosecutors make specific offers, but it is tough for defendants to reach out and personally discuss the case without making statements that the State can use against the driver.

What would be the advantage of hiring a Criminal Defense Attorney?

Sometimes drivers consider contacting the Office of the State Attorney or the Prosecutor in their own DUI case. The defense attorney can help with the initial administrative license suspension that will occur, if not challenged, within 10 days of the traffic stop and arrest. The lawyer may be able to help get a driving permit for work or business purposes. This short time period (less than two-weeks) will come and go long before the police, the clerk of courts, the Judge and prosecuting authorities ever even open a case file and set a court date. That is why many people hire private lawyers to find out if an arrest was improper. If the right questions are asked during the defense attorney’s investigation, the lawyer may be able to get the case dismissed. A lawyer may be able to get a better plea arrangement, keep you on the road, and out of jail.

What is the Legal Limit under Florida DUI Law?

Since an arrest for DUI can be made if an officer thinks a driver’s normal faculties are impaired, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol, even if the results are below a .08. Sometimes drivers are arrested and submit to other chemical tests and the results will not be available for weeks after the arrest.

What does .08 mean under Florida DUI Laws?

What does .08 mean under Florida DUI Laws?

What does a .08 mean?

Frequently a .08 is referred to as the legal limit. In Florida this is not entirely accurate. Under Florida Law, .08 BAC is a presumptive level for impairment. In other words, if you reach a .08 BAC, you are automatically considered impaired and a jury will be told to presume you are impaired if all procedures have been followed using an accurate breath testing machine. The instructions given to jurors can be found here.

What if a Florida Driver is below .08 BAC?

A driver can still be convicted of DUI even if under .08 BAC. This seems unusual and it is. In Florida, if a Prosecutor can convince a Judge and Jury that driving ability was impaired, a conviction and virtually permanent entry on a driver ‘s record will follow.By the way, drivers are already under arrest before even given a breath test in Florida.

Florida DUI Adjudication and Sentencing

Under the DUI Laws in this state, and based upon the Florida Statutes sections 316.656 and 322.2615 a conviction or plea agreement to a driving under the influence charge results in an adjudication which is the legal term for conviction. Upon the closing of a DUI case as charged (without a reduced charge of reckless driving) drivers become convicted criminals and an entry is made on the official driver’s license record. The law states, “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193 . . . .”

There are also minimum sentences including license suspension, fines, court costs and attendance at an approved alcohol traffic education course commonly referred to as the DUI School. The law provides, “If the suspension of the driver’s license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued. ” Furthermore, “If the suspension of the driver’s license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the expiration of the last temporary permit issued.”

Stay Out of Jail Free Card – DUI Ride Service – DUI Lawyer

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855-286-9246

A Free Ride For You or a Friend in Florida. Use this number 855-286-9246 to avoid a DUI and the need for a dui lawyer. Download the number to your phone, print it, and share it with all you friends and family. Keep it with you in case you end up in a tight spot. Tow to Go is a program of the Auto Club Group Traffic Safety Foundation. For full details visit

https://autoclubsouth.aaa.com/safety/tow_to_go.aspx .

DUI Take a Cab or a Tow Truck Call (855) 2-TOW-2-GO

Free Ride for 2 People
No Advance Reservations Allowed
Offer Valid Dec 24 to Jan 1

Recently the Florida Highway Patrol reported that 33.5 percent of fatalities in car crashes were alcohol related. There are programs designed to prevent folks who’ve had a little too much holiday cheer from getting behind the wheel are helping the statistics drop. The American Automobile Association AAA dispatches tow trucks to take tipsy car owners and their vehicles home, free of charge. The service allows bar and restaurant managers to use cabbies as designated drivers from 8 p.m. to 3 a.m. In one three year period, more than 2,500 drunken drivers have remained off the road.

The Florida Highway Patrol Preliminary Fatality Report revealed that there were 37 deaths in some 29 crashes over the Thanksgiving weekend, three of which were alcohol related. “Along with the combination of enforcement and education, the programs certainly do have an impact,” said Lt. David Folsom, who supervises TPD’s traffic unit. Both initiatives run through New Year’s Day.”

To Drive or not to Drive . . .

“The penalties for DUI in the state of Florida can cost as much as $5,000 on the first offense, according to local law-enforcement officials. Offenders face revoked licenses, criminal records, community service, increased insurance rates, probation, fines and possible imprisonment.Still, bar patrons say more leniency from the law and property owners is needed if they want them do the right thing and avoid driving home drunk.Still, the towing costs for a DUI are higher — financially and emotionally — than for requesting a tow, Overstreet said.”They can look at it as they are still getting screwed, but when you compare the cost of a DUI arrest, that’s pretty cheap,” he said. “It’s much worse if you get in an accident and hurt or kill somebody. You’re looking at spending the next 15 years in prison.”

16 Tips for Surviving the Pirate Apocolypse

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16 Tips for Surviving the Pirate Apocolypse
#Gasparilla #PlayTampaBay

#Gasparilla #PlayTampaBay
Must be 21 or older to consume alcohol
Open containers only permitted in designated areas
Alcohol may not be consumed from kegs or large vessels
Must purchase alcohol from vendors
Only cans or plastic bottles permitted; no glass or Styrofoam cups or containers  

Criminal Defense for University of South Florida Students and Faculty

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Criminal Defense for USF Campus Students, Visitors, and Faculty

Tampa Attorney Casey Ebsary is available to help with Criminal Defense for University of South Florida Students and Faculty. At USF there is  Student Code of Conduct that the University officials attempt to enforce, even for activities that are not on campus. There are 23 separate offenses that can cause the Office of Student Rights and Responsibilities to take action against a Student.  Criminal Defense Help is available to prepare for these disciplinary proceedings. In fact, I just spent a day helping a student. Initially, one University does not allow counsel to appear, but we still can help prepare a strategy. The deadlines to respond to these proceedings are tight. The criminal charges that cause the University to take action may not even have been filed. The Office of Student Rights and Responsibilities enforces, “USF System rules, policies and regulations.” Notably, ” Students accused of a crime may be prosecuted under the appropriate jurisdiction and also disciplined under the Student Code of Conduct.”

 

USF Criminal Defense, Authority and Jurisdiction of the USF System, Criminal Defense, Tampa Attorney

USF Criminal Defense, Authority and Jurisdiction of the USF System

USF Student Code of Conduct

Discipline for Off Campus Activity

 
“USF System jurisdiction and discipline extends to conduct which occurs on USF System premises or which adversely affects the USF System community and/or the pursuit of its mission. Specifically, USF System officials may initiate disciplinary charges for conduct off campus when the behavior relates to the good name of the USF System; the integrity of the educational process; or the safety and welfare of the USF System community, either in its public personality or in respect to individuals within it; or violates state or federal law.”
 
Criminal Defense for University of South Florida Students and Faculty



Map thumbnail for this location

 
 

Discipline For Non Arrest Events

 
“USF System disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Student Code of Conduct without regard to the pending civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Office of Student Rights and Responsibilities. Determinations made or sanction(s) imposed as a result of the Student Code of Conduct process shall not be subject to change because criminal charges arising out of the same facts giving rise to violation(s) of USF System policies were dismissed, reduced, or resolved in favor of or against the criminal law defendant.” 
 

Student Help Needed? Call Casey at 813-222-2220

 

Law Office of W.F. ”Casey” Ebsary Jr

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Address: 2102 W Cleveland St, Tampa, FL 33606
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DUI Drug Test Refusal Overturned

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bashful kidney, Wolok, § 322.2615(13), refusal, chemical test, license suspension, competent substantial evidence

Chemical Test § 322.2615(13) Refusal
DUI Drug Test Refusal

“the Court finds that the Petitioner simply lacked the ability to perform the test as requested; consequently, his failure to provide a urine sample cannot constitute willful refusal”

Refusal to Submit to Chemical Test

DUI Defense Attorney Lawyer has previously written about refusal to take a drug urine test under § 322.2615(13) after blowing under .08 on a DUI Breath Test. License suspensions are overturned when there is no “competent substantial evidence” to support a DHSMV Department of Highway Safety & Motor Vehicles Hearing Officer’s ruling. In this recent case, the driver blew a .000, had a medical condition that made urination difficult, tried to give a sample, and the DUI cop classified the failure to give a sample as a refusal. He issued a notice of suspension and it was challenged by a DUI Defense Attorney. The court tossed the suspension, since there was insufficient evidence that the driver willfully refused to take a drug test. Our DUI Searchable Database is here.

Case Excerpts

“Corporal Zeichman transported the Petitioner to the police station and, while recording on camera, asked the Petitioner to submit to a breath test even though he did not believe that the Petitioner was under the influence of alcohol. The Petitioner agreed to take the breath test and was “very cooperative.” The Petitioner performed the breath test which subsequently resulted in scores of .000 and .000. Corporal Zeichman then asked the Petitioner on camera recording to perform a urine test, and the Petitioner agreed to do so. The Petitioner drank numerous glasses of water, repeatedly asked for additional time and water, and never told Corporal Zeichman that he refused to take the urine test. After forty-five minutes, Corporal Zeichman determined that the Petitioner’s failure to urinate was a refusal. Corporal Zeichman then allegedly read the Petitioner Implied Consent Warnings. ” (Citations to Record Omitted).

“In the context of an alleged refusal to submit to a urine test, it must be determined that the driver’s “refusal [was] willful to the extent that if the [driver] is able to submit, he or she is expected to take the test.” 11 Fla. Prac., DUI Handbook § 10:2 (2010-2011 ed.) (emphasis added). In Wolok v. Department of Highway Safety and Motor Vehicles, 1 Fla. L. Weekly Supp. 204 (Fla. 11th Cir. Ct. 1992), the Eleventh Judicial Circuit of Florida held that the failure to perform a urine test is not a refusal when the driver physically cannot provide a urine sample. See also Stack v. Dep’t of Highway Safety & Motor Vehicles, 13 Fla. L. Weekly Supp. 322a (Fla. 11th Cir. Ct. 2006) (holding that the driver did not refuse a test because the driver was confused about whether the urine test was required).3 In Wolok, the defendant’s failure to provide a urine sample was the result of the defendant having a ‘bashful kidney’ and because “he was inhibited by the officer who stared at his genitals.” Wolok, 1 Fla. L. Weekly Supp. 204. The Wolok court thereby recognized that “[t]he only evidence before the hearing officer was that the petitioner could not urinate on demand.” Id.” (Citations to Record Omitted).

“In this case, there is evidence that the Petitioner did not willfully refuse to provide a urine sample. Specifically, the record indicates that the Petitioner promptly performed a roadside sobriety test and a breath test when requested by Corporal Zeichman. ” (Citations to Record Omitted).

“Thus, the Court finds that the Petitioner simply lacked the ability to perform the test as requested; consequently, his failure to provide a urine sample cannot constitute willful refusal. Therefore, based on the evidence in the record and the Court’s interpretation of Wolok, this Court finds that the Hearing Officer’s finding of willful refusal is not supported by competent substantial evidence.” (Citations to Record Omitted).

DUI Drug Urine Test Refusal? Call Casey at 813-222-2220.

Gasparilla Arrest | Notice to Appear | Affordable Help From Attorney | Lawyer

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Gasparilla Arrest? Notice to Appear? Get Affordable Help From an Attorney | Lawyer | Toll Free 1-877-793-9290

 

One recent Gasparilla, there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff’s Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests made on the water. See video at bottom of this article. Many of these charges listed below are criminal charges that can result in a permanent criminal record

Common Charges From The Gasparilla Weekend.

Possession Open Container

If you have been charged with TPOR0064 POSSESSION OF OPEN CONTAINER you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.

Form Code: TPOR0064
City of Tampa Municipal Code: 003.40.B
Level: Municipal/Local
Description: POSSESSION OF OPEN CONTAINER

TPOR0064 POSSESSION OF OPEN CONTAINER one of the most commonly charged offenses in Hillsborough County, Florida.

Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.

(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.

(1) As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.

(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.

 

Tampa Open Container Ordinance Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
 
(a)It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.
 
(b)It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
 
(1)As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
 
(2)An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
 
(c)Subsections (a) and (b) do not apply when:
 
(1)The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code; or
 
(2)A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or
 
(3)Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law; or
 
(4)A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.
 
(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2007-19, § 2, 2-1-07)

 

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

 
Possess Alcohol Under 21 
If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.
 
MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.
 

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

Common Charges From The Gasparilla Weekend.

DUI Driving Under Influence

If you have been charged with TRAF1012 DRIVING UNDER THE INFLUENCE You can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: TRAF1012

Florida Statute: 316.193.1
Level: Misd (Misdemeanor)
Degree: 2nd

Description: DRIVING UNDER THE INFLUENCE

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.193 Driving under the influence; penalties.

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Common Charges From The Gasparilla Weekend.

DUI Over .08

If you have been charged with TRAF1015 DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH A (DUI determined with a Breathalyzer Intoxilyzer Machine) you can call a Tampa DUI Lawyer at 1-877-793-9290 and tell me your story.

Form Code: TRAF1015
Florida Statute: 316.193.1C
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DRIVING UNDER THE INFLUENCE  UNLAWFUL BREATH A (DUI determined with a Breathalyzer Machine)

TRAF1015 DRIVING UNDER THE INFLUENCE  UNLAWFUL BREATH A (DUI determined with a Breathalyzer / Intoxilyzer Machine) one of the most commonly charged offenses in Hillsborough County, Florida.

 

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.193 Driving under the influence; penalties.

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Police Will Also Be on the Lookout For:

Open Containers Permitted Only Along The Parade Route – In Designated Areas
 
Must Be 21 Or Older To Consume Alcohol
 
Alcohol May Not Be Consumed From Kegs Or Large Vessels
 
No Glass Permitted
 
Use Port-O-Lets Or Other Restroom Facilities
 
No Fighting
 
No Trespassing On Private Property 
 
No Flashing Or Nudity For Beads


Common Charges From The Gasparilla Weekend.

Notice to Appear? Tell Me Your Story Toll Free 1-877-793-9290 .


Chapter 901 ARRESTS

901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. — The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.

 

901.31 Failure to obey written promise to appear.—Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.

 

BUI Video 


Gasparilla Arrest? Get Affordable Help From an Attorney | Lawyer | Toll Free 1-877-793-9290

Cops GPS Tracking | Hit and Run | Florida | Tampa | St Petersburg

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316.027, 316.061, 316.062, LEAVING SCENE OF A CRASH WITH INJURY

LEAVING SCENE OF A CRASH WITH INJURY
GPS Hit and Run
A St. Petersburg Police Department Officer was acquitted when he went on trial for hit and run in his police car. During the trial there was testimony that “exposed some embarrassing revelations for the St. Petersburg Police Department when [the cop] testified that he disabled the tracking device on his police cruiser several times so that his superiors couldn’t tell where he was or how fast he was going.”

 

Other cops said that “it’s no secret” how to disable the devices, according to the St. Petersburg Times. Notably, we recently used the patrol car GPS to question the credibility of a police officer in a DUI case. The GPS data is sometimes embedded in the DUI videos made in patrol cars used by DUI squad cops.

If you have been charged with TRAF2012 Leaving Scene Of A Crash With Injury you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: TRAF2012

Florida Statute: 316.027.1A
Level: Fel (Felony)
Degree: 3rd
Description: Leaving Scene Of A Crash With Injury

316.027 Crash involving death or personal injuries.

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
316.061 Crashes involving damage to vehicle or property.
(1)The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

316.062 Duty to give information and render aid.

(1)The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

 

(2)In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).

 

(3)The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.

(4)A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

 

 

Source: https://www.tampabay.com/news/publicsafety/crime/police-officers-testimony-exposes-practice-of-disabling-gps-trackers/1141567