Jury instructions in a Florida DUI (Driving Under the Influence) case are the legal guidelines provided by the judge to the jury before they deliberate and reach a verdict. These instructions are meant to clarify the law and help the jury apply it to the specific facts of the case. Keep in mind that jury instructions may vary depending on the jurisdiction and the specific circumstances of the case, but here is a general overview of the types of instructions that might be given in a DUI trial:
1. Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
2. Elements of the Offense: The judge will explain the elements of the DUI offense that the prosecution must prove. This typically includes proving that the defendant was operating a motor vehicle while under the influence of alcohol or drugs.
3. Standard of Proof: The judge will explain that the burden of proof rests with the prosecution, and they must prove the defendant’s guilt beyond a reasonable doubt, which is a high standard of proof.
4. Impartiality: The jury will be instructed to remain impartial and not let any personal biases or prejudices influence their decision.
5. Evaluating Evidence: Instructions will be given on how to evaluate and consider the evidence presented during the trial, including testimony, documents, and physical evidence.
6. Expert Witnesses: If expert witnesses were called, the judge may provide instructions on how to consider their testimony.
7. Field Sobriety Tests: If relevant, the judge may instruct the jury on the various field sobriety tests used by law enforcement and how they should weigh the results.
8. Chemical Tests: Instructions may cover the use of chemical tests, such as breathalyzer or blood tests, and how to consider the results.
9. Reasonable Doubt: The judge will explain the concept of reasonable doubt and emphasize that if the jury has any reasonable doubt about the defendant’s guilt, they must acquit.
10. Deliberation: Instructions will be provided on how the jury should conduct deliberations, including the need for unanimous agreement on a verdict.
11. Verdict Options: The jury will be informed about the possible verdict options, which typically include guilty, not guilty, or in some cases, a lesser offense like reckless driving.
12. Jury Questions: The judge may instruct the jury on how to communicate with the court if they have questions during deliberations.
It’s important to note that these instructions can vary by jurisdiction and the specific charges involved in the DUI case. Jurors are expected to follow these instructions carefully to ensure a fair and just verdict based on the evidence presented during the trial.
In Florida, judges provide crucial instructions provided to juries when a DUI incident involves a crash or injury. These instructions serve as the legal roadmap for jurors, ensuring a fair and just trial. Jurors are guided through essential elements of the offense, such as the defendant’s impairment level, blood-alcohol concentration, and whether they caused property damage or injury. The instructions emphasize the presumption of innocence, the high burden of proof placed on the prosecution, and the need for impartiality in deliberations. Moreover, jurors are educated on key definitions, including the concept of “normal faculties” and “actual physical control” of a vehicle. In cases of inoperability, the defense is outlined, emphasizing that inoperability can be a valid defense if proven. These comprehensive instructions are vital in safeguarding the rights and fairness of DUI trials in Florida.
Official Florida DUI Standard Jury Instructions
§ 316.193(3)(a)(b)(c)1, Fla. Stat.
To prove the crime of Driving under the Influence Causing [Property Damage] [Injury], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, (defendant)
Give 2a or b or both as applicable.
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.
b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
3. As a result of operating the vehicle, (defendant) caused or contributed to causing [damage to the property of (victim)] [injury to the person of (victim)].
Give if applicable. (Offenses committed prior to October 1, 2008, alcohol level of .20 or higher.)
If you find the defendant guilty of Driving under the Influence Causing [Property Damage] [Injury], you must also determine whether the State has proven beyond a reasonable doubt whether:
a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle.
b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence.
Definitions. Give as applicable.
Vehicle is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.
Alcoholic beverages are considered to be substances of any kind and description which contain alcohol.
( ) is a controlled substance under Florida law. Ch. 893,
Fla. Stat.
( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat.
When appropriate, give one or more of the following instructions on the presumptions of impairment established by § 316.1934(2)(a), (2)(b), and (2)(c), Fla. Stat.
1. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; but this presumption may be overcome by other evidence demonstrating that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.
2. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level in excess of .05 but less than .08, that fact does not give rise to any presumption that the defendant was or was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. In such cases, you may consider that evidence along with other evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.
3. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.
Defense of inoperability; give if applicable.
It is a defense to the charge of Driving under the Influence Causing [Property Damage] [Injury] if at the time of the alleged offense, the vehicle was inoperable. However, it is not a defense if the defendant was driving under the influence before the vehicle became inoperable. Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty, if all the other elements of the charge have been proved beyond a reasonable doubt.
How Can a Driving Under the Influence Attorney Help?
DUI and Traffic Offenses can be quite challenging. You a friend or a loved may need a Tampa DUI Lawyer. The police are often the main witnesses. Scientific evidence from vehicle speed detection, accident reconstruction, the breath test and/or the blood tests are being presented against you. Damaging evidence against you may also include: the breath test (like the I-8000 / Intoxilyzer 8000), the officer’s testimony, and Standard Field Sobriety Tests.
Infographic: How to Save Your Driver’s License
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Video: How To Save Your License After a DUI Arrest?
Transcript of Video: How To Save Your License After a DUI Arrest Within 10 days of your arrest, you have got to either challenge the suspension or make an application for a hardship license. Most people who have not had a prior DUI conviction can get a business purposes license and get back on the road.
A Board Certified Criminal Trial Lawyer, like Casey Ebsary, a Tampa DUI – DWI and traffic attorney has knowledge of these issues and can establish your defense against these charges. If you are searching for help from a Tampa Driving Under the Influence Attorney – your search is complete.
What Happens When Someone is Charged a DUI for Drugs?
Video Transcript: Drugs and DUI charges. Many times people will be stopped for DUI, take a breath test, and show no evidence of impairment due to alcohol. At that point law enforcement officers will seek another alternative chemical test – a blood test or a urine test.
Blood tests usually require serious bodily injury or consent of the driver. A urine test does not. failure to comply with a request for a chemical test usually results in a suspension of your driver’s license.
Another consideration is even though the police may have a positive drug test is that enough to convict you of DUI? In most cases it is not. The presence of a controlled substance in a driver’s system does not confirm that they were impaired or were affected by the drugs that were detected driver’s system. The drivers license office usually will suspend your driver’s license if you failed to comply with the test, but a positive test does not guarantee a conviction or the suspension of your driver’s license.
Case May Be Handled In Your Absence
Much of your Florida DUI Defense may be handled in your absence. This is especially true for out of state clients. 316.193, F.S. – DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) In Florida, DUI is proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. (Source: Florida Department of Highway Safety and Motor Vehicles) There are two distinct cases which must be fought for each case. Call 813.222.2220 today, one has a window of opportunity of 10 days from the arrest.
WARNING!
If you refuse to take a breath, blood, or urine test after being arrested for DUI, 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.
Questions and Answers – Some Common Questions
How do I save my license?
Were you arrested within the last 10 days? Then you can apply for an administrative hearing and may get a 30 – 45 day permit. Here is the form DHSMVHearingRequest
Will my car have an interlock?
If convicted, Second DUI – Yes. Over .15 Maybe.
Will I go to jail?
Second DUI Within 5 years – Yes 10 days. 3d DUI within 10 years? Yes 30 days. First, you must be convicted.
Will my boss find out?
If the DHSMV hearing is won, it is kept of the publicly recorded driving record and the chances are greatly reduced.
Should I fight the case?
You will certainly lose if you plead guilty. If there are problems with the case, we will find them and you may avoid a DUI Conviction.
Will my out-of-state license be suspended for a Florida DUI?
Probably – as soon as the State of Florida transmits the computer data regarding the refusal to take a breath test or blowing over a .08 the home state usually will honor what the State of Florida has done.
Will my car be impounded?
Only if you are convicted.
Do I have to attend the DUI School?
You must enroll, but not necessarily complete, if you lose you Administrative Suspension hearing before the case is resolved. The DUI School enrollment is a pre-condition to getting a Business Purposes Only license. If convicted of DUI, then DUI School is mandatory.
More Questions and Answers
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
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 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 judge’s 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.”
DUI Fine Schedule F.S. 316.193(2)(a)-(b)
1st Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
2nd Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
3rd Conviction More Than 10 Years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
3rd Conviction Within 10 Years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
4th or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
How can your license be reinstated after a DUI in Hillsborough County by an Attorney?
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
The Bureau of Driver Education and DUI Programs provides the oversight for 26 licensed programs. The Bureau administers Rule 15A-10, F.A.C., including instructor certification and training, investigating complaints, processing client appeals, conducting site visits, maintaining quality assurance, coordinating trust fund, and evaluating programs’ effectiveness. The DUI programs are private and professional non-profit organizations that are required to provide education, a psychosocial evaluation and treatment referral services to DUI offenders to satisfy judicial and driver licensing requirements. Two educational services are offered – Level I for first-time offenders and Level II for multiple offenders. The Level I course is to be a minimum of 12 hours of classroom instruction and incorporates didactic and interactive educational techniques. The Level II course is a minimum of 21 hours of classroom time using primarily interactive educational techniques in a group setting. The average class size is not to exceed 15 students for Level II. This course focuses on the problems of the repeat offender and treatment readiness as the majority of students are referred to treatment. In no case is placement in Level II used in lieu of treatment.
Address: 4585 140th Ave. N., Suite #1002, Clearwater, FL 33762
Phone: 727-507-4405
Hours: Mon – Fri, 8:00 am – 5:00 pm
DUI Checkpoints in Tampa Bay Area
Tampa DUI and Hillsborough County DUI law-enforcement officers usually conduct a series of DUI drunken-driving missions through the holidays. Most agencies conduct DUI patrols at night between 11 p.m. and 3 a.m. Previously, Sheriff’s officials want people who intend to drink to make arrangements to get home safely, using a designated driver, public transportation or a taxi.
You can have a Free Phone Consultation about your Drug Charges in Florida with Board Certified Criminal Defense Lawyer / Attorney W.F. ”Casey” Ebsary, Jr.
(813)222-2220
W F Casey Ebsary a Board Certified Criminal Trial Lawyer. Casey defends drug charges and can help with drug treatment programs. Sometimes a treatment option avoids jail or prison. Serious charges deserve a serious defense. Get some help today. We note there have been huge prescription drug roundups by police in Tampa, Hillsborough County, Florida. One day we saw police had made or attempted to make 50 arrests in a single day, May 13, 2010. One day we also observed there were 135 arrest warrants and in cases involving over 5,000 pills. Frequently we see investigations of the alleged illicit distribution of Xanax, OxycodoneOxycontin, and other prescription drugs. Another frequent Investigation involves transactions near pain management clinics.
Learn More About
Tampa DUI Lawyer
Learn more about Casey Ebsary. He is a former Tampa DUI Assistant State Attorney and Board Certified Criminal Trial Lawyer. Casey has been attorney of record and Tampa DUI Lawyer 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. These counties include: Hillsborough, Pasco, and Pinellas. Casey has helped many people just like you with driving under the influence, drug charges, and Traffic Offenses. These charges can cause big headaches, We can provide relief. We also have a huge free fully searchable database of Florida D U I information. Feel free to review the latest news about these types of charges here: DUI News and Information – Call us today at 813.222.2220 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. All inquiries are sent to us wirelessly 24/7/365, We are constantly checking and responding, and will quickly get back to you via telephone or email.
Please check our free fully searchable Florida DUI Database for information. There are dozens of frequently asked questions and hundreds of pages and articles for people charged with DUI and for lawyers who are seeking answers.
Court Locations in Pinellas
DUI and other Criminal misdemeanor charges that occur in Pinellas County, Florida are assigned to one of three courthouses. They are located in North, South and Central Pinellas County. DUI Cases from Clearwater, Florida can be assigned to the main criminal courthouse in Clearwater, Florida.
Brooksville DUI Drunk Driving Investigators in Hernando County,Florida sometimes use hand held or in-car video cameras. One of our recent Investigations included a visit to a DUI Checkpoint.
Lakeland Court House Located at Coordinates 27.897455,-81.843298
Temple Terrace, Florida
You can get professional affordable help from a Former DUI Prosecutor, W.F. “Casey” Ebsary, Jr., who was an Assistant State Attorney / DUI Prosecutor in the Hillsborough County State Attorney’s Office. Casey has prosecuted TempleTerrace defendants charged with DUI or BUI in Temple Terrace, Florida. Now he defends. When DUI troubles arise, Casey is there to help. TempleTerrace DUI Officers sometimes use Unmarked Vehicles to Patrol the city. The TempleTerrace Police Department has a zero-tolerance DUI policy and aggressively enforces the state’s DUI traffic laws
Temple Terrace Court Locations
DUI and other Criminal misdemeanor charges that occur in TempleTerrace, Hillsborough County, Florida are assigned to the main criminal courthouse in downtown Tampa, Florida. DUI Cases from Temple Terrace, Florida can be assigned to the main criminal courthouse in Downtown Tampa, Florida.
Winter Haven Drunk Driving Attorney
Florida DUI Officersreceive rewards for DUI Arrests. Some officers travel to Tallahassee where they receive awards from Mother’s Against Drunk Driving (MADD). Casey has been covering these contests at his huge DUI news website. We have found awards including police equipment, police cars, and trips to Tallahassee, Florida. A few officers have made over a 1000 arrests.
Spring Hill Drunk Driving Attorney
You can get professional affordable help from a Former DUI Drunk Driving Prosecutor, W.F. “Casey” Ebsary, Jr., who was an Assistant State Attorney / DUI Prosecutor in the Hillsborough County State Attorney’s Office. Casey has prosecuted My practice covers Florida DUI Officers receive rewards for DUI Arrests. Some officers travel to Tallahassee where they receive awards from Mother’s Against Drunk Driving (MADD). Casey has been covering these contests at his huge DUI news website . We have found awards that include police equipment, police cars, and trips to Tallahassee, Florida. A few officers have made over a 1000 arrests. Spring Hill DUI charges are prosecuted in Brooksville. Hernando County Courthouse in Brooksville, Florida
Help is available in Tampa, Hillsborough County, Florida. Tampa is divided into these communities: West Tampa, East Tampa, South Tampa, New Tampa, Tampa Palms, Temple Terrace, Carrollwood, Town & Country, Oldsmar, Palma Ceia, Westchase, Stadium, Westshore, Carver City, Ybor City, Sunset Park, Hyde Park, SoHo, Citrus Park, Bayshore, Egypt Lake, Rocky Point, Sulphur Springs, Davis Island, Harbour Island, Seminole Heights, University Square, Drew Park, Jackson Heights, Tampa Heights, Riverside Heights, Port Tampa, Ballast Point, Belmar, and Lowry Park.
Some cities in The Tampa Bay Area are Tampa, St Petersburg, Clearwater, Largo, Pinellas Park, Lakeland, New Port Richey, Sarasota, Bradenton, Spring Hill, and WeekiWachee.
Boating Under the Influence BUI
Recently, a lucky boater fought a BUI Boating under the Influence case. Here is what the Court ruled.
25 Fla. L. Weekly Supp. 469aOnline Reference: FLWSUPP 2505MOON
The court looked at a Boating Under the Influence case and found that an Officer with Fish and Wildlife Commission lacked reasonable suspicion of criminal activity which would justify detaining defendant, who had been stopped for slow speed zone violation, beyond the time necessary for issuing citation. The Court granted a Motion to suppress evidence obtained by law enforcement as result of field sobriety exercises.
BUI Case Summary
In this case, an officer conducted field sobriety exercises (FSEs) based on suspicion arising from a boating violation, incoherent responses, a beer can presence, and slurred speech. However, upon careful consideration of the facts and testimony presented at the suppression hearing, the Court determined that there was no reasonable suspicion of criminal activity justifying detention beyond the boating violation citation. Notably, there was no evidence of alcohol odor, no concrete proof of alcohol consumption, and no other signs of impairment. The officer’s testimony was contradictory, with no clear indication of incoherence. The sole uncontested evidence was slurred speech, which lacked the necessary proof of impairment. As a result, the motion to suppress evidence was granted, rendering evidence from FSEs and the subsequent BUI arrest inadmissible.
Official Ruling in Boating Under the Influence Case
STATE OF FLORIDA v. XXXXXXX, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2016-103309MMDL. July 20, 2017. Steven Henderson, Judge.
ORDER
This case came before the Court on Defendant’s Motion to Suppress for a hearing held on July 20, 2017, and this Court having heard testimony from witnesses and the arguments of counsel does find as follows:
FACTS
On June 4, 2016, Officer McKee of the Florida Fish and Wildlife Conservation Commission (FWCC) was on routine airboat patrol on Lake George in the St. Johns River near Marker 17. The officer was monitoring an area near that point that was marked as a slow speed zone, requiring operators of vessels to keep the bow of the boat in the water and to not create a wake. He observed a bass boat being operated by the Defendant proceeding through the zone in compliance with the no wake requirement. The officer testified that about 200 yards before the end of the slow speed zone, the Defendant accelerated his vessel, coming up on a plane and creating a wake in violation of the slow speed zone. The officer turned on his blue lights on his FWCC-marked airboat and proceeded to intercept the Defendant. The officer testified that the Defendant immediately complied with the officer’s directions to stop his boat and turn off his engine. The officer testified that he kept his boat about 10 feet away from the Defendant’s boat to avoid the boats colliding and causing any damage.
Attorney for Boating Under the Influence Charges in Tampa Bay BUI Lawyer
The officer testified that initially he couldn’t hear what the Defendant was saying because the airboat engine was too loud. He also said that he could see an open beer container in the boat near the Defendant, but also conceded that he never touched the beer can and had no idea how long the beer can had been in the boat. He also never asked the Defendant who was drinking the beer or whether they had been drinking at all. There was no testimony that the can had condensation on it, nor was there any testimony that the can actually even contained any alcohol whatsoever. The officer testified that he asked the Defendant some routine, questions like if he knew where he was at, to which the Defendant replied he wasn’t familiar with that area of Volusia County since he is from Putnam County. The officer asked for life jackets and the Defendant complied with his request. He asked who owned the boat, and the Defendant stated it was his boat.
The officer testified at the hearing that the Defendant’s speech sounded slurred and his responses to questions were incoherent, but the officer also conceded that he doesn’t know the Defendant and isn’t familiar with how the Defendant normally speaks. The officer also could not elaborate on what he meant when he said the Defendant was incoherent, and conceded that the Defendant was able to answer his questions appropriately. He testified that the Defendant’s appearance was that of a normal fisherman and that his eyes seemed glassy from the wind.
The officer testified that there was a passenger in the boat who was being belligerent and cursing, which caused the officer to be concerned for his personal safety. He testified that the Defendant occupied himself with getting the passenger to be quiet and to stop cursing the officer, which he finally was able to do.
Officer McKee admitted on cross examination that the bulk of his in cident report was actually prepared 3 days after the initial contact and arrest was made, and that he had excluded from his report a number of details relating to the incident. He also admitted that given the passage of time since the arrest he could not recall all of the specifics relating to what exactly was said or done by the Defendant that seemed incoherent on the date of the arrest. He also admitted that it is not illegal to possess alcohol in a vessel in Volusia County, nor is it illegal to drink a beer on a boat.
Based on the presence of the beer can, the officer’s testimony that the Defendant’s speech sounded slurred, and his speeding in a no wake zone, the officer asked the Defendant to submit to field sobriety exercises (FSEs). The Defendant agreed and, at the officer’s request, stepped onto the officer’s boat to perform the exercises. There was no testimony that the Defendant had any difficulty with standing, walking, or jumping from one boat to the other. There was no testimony that the Defendant had any dexterity problems and there was no testimony that the Defendant had any odor of alcohol coming from his person. Furthermore, there was no testimony that the Defendant made any admissions or statements against interest relating to having consumed any alcohol prior to the request for the FSEs. Ultimately, the Defendant was arrested on suspicion of boating under the influence (BUI).
The defense filed this motion challenging the reasonable suspicion of the officer to detain the Defendant longer than reasonably necessary to issue him a citation for the speed zone violation and to begin conducting a BUI investigation.
LEGAL ANALYSIS
Whenever any law enforcement officer encounters any person under circumstances which reasonably indicate that the person has committed, is committing, or is about to commit a crime, the officer may temporarily detail such person for the purpose of investigating the possible criminal conduct. See section 901.151(2), Fla. Stat. (2017).
In order to detain a defendant beyond the time necessary to issue a citation or warning, the officer must have “reasonable suspicion based upon articulable facts that criminal activity may be afoot.” Cresswell v. State, 564 So.2d 480 (Fla. 1990). (emphasis added) When reviewing the factors involved in determining whether reasonable suspicion existed, the totality of the circumstances must be considered and “include: the time of day; the appearance and behavior of the suspect; the appearance and manner of operation of any vehicle involved; and anything incongruous or unusual in the situation as interpreted in light of the officer’s knowledge.” Grant v. State, 7l8 So.2d 238, 239 (Fla. 2d DCA 1998) [23 Fla. L. Weekly D1969a].
To justify temporary detention of a person, there must be a “founded” suspicion in the mind of the police officer that the person has committed, is committing, or is about to commit a crime. A “founded” suspicion is one which has some factual foundation in the circumstances observed by the officer when those circumstances are interpreted in light of the officer’s knowledge. “Mere suspicion . . . is . . . random selection, sheer guesswork, or a hunch; it has no objective justification.” Elliott v. State, 597 So.2d 916, 917-18 (Fla. 4th DCA 1992). “Both the founded suspicion standard and the probable cause standard require the officer to interpret a factual foundation in light of the officer’s knowledge and experience. The difference between the two lies in the degree of probability.” Id. at 918.
Absent an articulable suspicion of criminal activity, the time an officer takes to issue a citation should last no longer than is necessary to make any required license or registration checks and to write the citation. See Maxwell v. State, 785 So.2d 1277 (Fla. 5th DCA 2001) [26 Fla. L. Weekly D1445b].
CONCLUSION
In the case at bar, the basis for the officer’s request to perform FSEs was the boating violation, the incoherent answers, the presence of the beer can, and the slurred speech. However, given the specific facts of this case viewed in light of the testimony presented at the suppression hearing, this Court finds that there was no reasonable suspicion of criminal activity to justify the detention beyond issuing the citation for the boating violation. There was no testimony of an odor of alcohol on the Defendant’s person, there was no evidence of alcohol consumption by the Defendant beyond the mere suspicions of the officer due to the presence of the beer can that may or may not have even contained any alcohol, and there was no evidence of any other indicators of impairment like glassy, bloodshot eyes due to intoxication, flushed face, poor balance, or anything of like nature. According to the testimony, there was nothing inherently dangerous or incongruous about how the Defendant was operating his vessel.
In this Court’s opinion, the testimony provided by the officer was contradictory. At first he testified that the Defendant was incoherent, but then he clarified and said he meant he couldn’t hear the Defendant due to the engine noise from the airboat. He then testified that the Defendant was incoherent when responding to other questions but couldn’t provide any specific examples of what he meant. At the same time he testified that the Defendant appeared to know where he was at, was able to provide proof of lifejackets immediately upon request, was able to answer questions about who owned the boat, was able to deal with the unruly passenger in an appropriate manner, and was able to move about both boats without any signs of impairment.
The only competent, uncontradicted evidence that was presented to the Court was that the Defendant had slurred speech. Without some additional evidence that the slurred speech was due to impairment by drugs or alcohol, this Court finds that to be insufficient evidence of impairment to establish the necessary reasonable suspicion of BUI to justify the continued detention of the Defendant.
WHEREFORE, based on the foregoing, Defendant’s motion to suppress unlawfully obtained evidence is hereby GRANTED. All evidence obtained by law enforcement as a result of the field sobriety exercises and the Defendant’s subsequent arrest for BUI are hereby suppressed as the fruits of the poison tree.
The story of a typical arrest warrant begins when the police knock at the door, a detective’s business card is left for you, or a friend or relative calls you to let you know the police are looking for you – that is how it starts. Sometimes a background check for a new job uncovers a forgotten past. Other times a warrant is discovered during a routine traffic stop. In any event, the warrant will not go away.
Ready to take control of your legal situation? Contact us today for expert guidance on addressing arrest warrants and finding the best solution for your case. Don’t wait; let us help you navigate your options and resolve your legal concerns.
Some warrants have a cash bond amount attached.
By posting the bond, the warrant can be recalled.
2. Turning Yourself In:
In certain cases, suspects are required to voluntarily turn themselves in to the county jail.
Failure to do so may result in being held or transported to appear before a judge, especially if caught out-of-county or out-of-state.
3. Extradition and Different Jurisdictions:
Some warrants may involve arrests in out-of-county, out-of-state, federal, or international jurisdictions.
These cases may necessitate legal help with extradition.
4. Turning Yourself In Open Court:
Some suspects, with legal counsel’s assistance, choose to turn themselves in open court.
Certain County and Circuit judges may consider bond issues more favorably for those who voluntarily appear.
5. Consulting a Tampa Arrest Warrants Attorney:
If you’re dealing with an arrest warrant in Hillsborough County, Pinellas County, or Pasco County, a Tampa arrest warrants attorney can provide guidance.
An experienced Arrest Warrant Attorney can advise on the best approach to resolve the situation effectively.
6. Professional Assistance:
Some defendants with arrest warrants seek affordable help from a former prosecutor like W.F. “Casey” Ebsary, Jr.
Casey, an arrest warrant attorney, has extensive experience as an Assistant State Attorney in the Hillsborough County State Attorney’s Office.
7. Accessing Records and Seeking Resolution:
Legal professionals can access law enforcement and court records to assess your case.
Warrants can be issued for various crimes, from traffic offenses to felony charges.
8. Taking Prompt Action:
Whether you suspect a warrant has been issued or anticipate one, taking prompt action is crucial.
Legal experts can file appropriate motions and communicate with the local prosecutor to clear the warrant and address your legal concerns.
Data Sharing: Key Information on Warrants
Law enforcement agencies now share data via computer networks and databases. Unlike the days-gone-by where such information was kept locally, usually in a paper file, these records are almost instantly shared with those who access the numerous databases that report incidents. Due to automation, sometimes names, alleged alias names, dates of birth, and residency information are cross referenced in error. When this happens even the most understanding law enforcement officer will sometimes make an arrest based on wrong information.
What is an Arrest Warrant?
Under Florida State law, an arrest warrant can be issued in several ways. One warrant can arise from a failure to appear (FTA ) in court. For a valid warrant, there must be an order and proper legal notice. For some traffic tickets or a Notice to Appear ( NTA ) the only notice given is to the person who has been encountered by the police. Sometimes suspects give a false name and an arrest warrnt may be issued for the person who was unfortunate enough to have someone steal their identity. Notices to Appear are frequently issued for misdemeanor drug charges or shoplifting.
Another warrant can be issued after police refer a case to a local prosecutor. In Florida, local prosecutors are called State Attorneys. Sometimes an Assistant State Attorney or investigating law enforcement officer will request a Judge to issue an arrest warrant.
Violation of Probation Video
How can an arrest warrant be removed from the system?
In any event, some warrants have a cash bond amount set and upon posting the bond the warrant can be recalled. Other warrants will require the suspect to turn themselves in to the county jail. Failure to turn in or upon being caught out-of-county or out-of-state the person will be held or transported to appear before a judge in court. Some warrants call for an arrest on out of county, out of state, or federal, or international warrants. These cases may require help with extradition.
Some suspects, with the assistance of Counsel, choose to turn themselves in in open court. Some County and Circuit judges will immediately consider the issue of bond and may look favorably upon those who voluntarily appear versus those who are arrested by law enforcement and then hauled in to the system. Once the issue of bond is addressed and the person is released, the warrant will disappear.
A Tampa arrest warrants attorney may help you in Hillsborough County, Pinellas County, or Pasco County Florida. A qualified Arrest Warrant Attorney can help and advise you as to the easiest way to put this situation behind. Some Defendants with Arrest Warrants get professional affordable help from a Former Prosecutor. W.F. “Casey” Ebsary, Jr., is an arrest warrant attorney who was an Assistant State Attorney / Prosecutor in the Hillsborough County State Attorney’s Office. People with Outstanding Warrants in Tampa Bay area counties can call Casey for free advice and get recommendations for help when troubles arise. We can access law enforcement and court records to find out what we can do for you. Warrants for all types of crimes from traffic offenses to felony charges can be issued by law enforcement or Judges. Whether you believe there is or is going to be a warrant issued or has been issued for your arrest, you can contact us and we can file appropriate motions and make contact with the local prosecutor so the warrant can be cleared.
Arrest Warrants Attorney
Arrest Warrant Lawyer Attorney
Arrest Warrant – We Can Help Call 813-222-2220
When an arrest warrant is a problem, we can provide a solution. Call us today at 1-813-222-2220 for a free initial consultation with an Arrest Warrant Attorney. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. Your requests are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email.
Pinellas County Arrest Warrants are handled by the Pinellas County Sheriff’s Office.
Update from Tampa Police on record-breaking roundup of persons with outstanding arrest warrants.
11:57 pm EST
“At dawn Tuesday, Tampa police launched what they say is the biggest warrant roundup in the department’s history. With nearly 6,000 outstanding warrants on their list, their first action was to go after 459 violent felons, including eight wanted for murder.”
33 of the warrants were cleared by arrest and 5 of those arrests were by the US Marshals Service in Georgia, Ohio, Virginia, Texas and Jacksonville.
19 suspects were deceased
20 suspects were located in prison and will be charged with TPD warrant when released.
The arrests include: Attempted Murder (2) Robbery cases, (3) Felony Battery cases, Armed Robbery VOP, False Imprisonment, Deriving Proceeds from Prostitution, Compelling Individual to Become a Prostitute, Trafficking Oxycodone and multiple Felony Drug Charges.
Tampa Arrest Warrant Attorney
Outstanding Arrest Warrants – You Need a Serious Defense – I can help.
This may be the most stressful time of your life. Criminal charges can affect you in many areas: your personal life, your job or career, your finances, or even the time you spend with your children. These are serious charges and require a serious defense. I can help. Many cases have strict deadlines so don’t wait to find someone to help. If you, a friend, or a loved one have been criminally charged don’t wait – a criminal defense attorney Tampa is standing by to answer any questions you have for free.
What to do after an Arrest? Answer from a Criminal Defense Attorney Tampa
You may want to contact an Attorney for a free telephone consultation. If the arrest was for a driving under the influence charge, a person cannot be released from the Hillsborough County Jail until certain Conditions for Release of Persons Arrested for DUI are met. The DUI laws in Florida require that: The person is no longer under the influence and; The person’s normal faculties are no longer impaired, The person’s blood/breath alcohol level is lower than 0.05; or Eight hours have elapsed from the time the person was arrested.
After your release, consider calling an AV rated Hillsborough DUILawyer who is top-rated by the Martindale-Hubbell Directory. Lawyers.com has also issued ratings. This ranking is issued by this nationally recognized lawyer rating service. An AV Rating 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.
Why Get Help from an Attorney at all?
Without the help of competent counsel who knows that Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute, you may be less likely to achieve a favorable outcome. Florida DUI laws mandate that courts are prohibited from withholding adjudication in DUI cases; or from reducing a charge if the defendant’s blood alcohol was .20 or greater. In short, if you lose, you become a convicted criminal forever.
What about License Suspensions?
First Suspension for Driving With an Unlawful Alcohol Level (.08 or above) will be 6 months. Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above) will be 1 year. First Suspension for Refusal to Submit to Breath, Urine or Blood Test will be 1 year. Second or Subsequent Suspensions for Refusal will be 18 months. The suspension is effective immediately – The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
Hi, I am Tampa Criminal Attorney / Lawyer Casey Ebsary, I am ready to take your calls at 813-222-2220. I can help you, a friend, or a loved one with any criminal charge including drugs, DUI or grow house cases in the Greater Tampa Bay Area. I was born and raised here in Tampa. I went to school here. I live here with my family. I became an attorney so that I could help people. I have been a lawyer here for over 20 years. I worked for a private firm and the public defender’s office. I also learned about prosecution as an assistant prosecutor. I have helped hundreds of clients. Now I can use all of my experience to aid your defense.
AV Rated by Martindale Hubbell • Board Certified Criminal Trial Lawyer • Distinguished Author and Lecturer • Experienced Defense Attorney • Experienced Prosecutor • Legal Analyst on Radio and TV
Education:
Stetson College of Law Juris Doctor, cum laude Class Rank 17/117
University of Florida Bachelor Of Science in Business Administration, cum laude
Certification, and Recognition:
Special Magistrate – Circuit Court
Past Chairman, Criminal Law Section, Hillsborough County Bar Association
Board Certified, Florida Bar Board of Legal Specialization and Education 1997
Martindale-Hubbell Peer Rated AV
Lawyers.com highest rating
Avvo.com highest rating
Super Lawyers multi-time recipient
Florida Trend Magazine Legal Elite
Past Member of the Media and Communications Law Committee of the Florida Bar
Past Member of the Student Education and Admissions to the Bar Committee of the Florida Bar
Editorial Board Member, Stetson Law Review, 1989
Admitted Florida Bar, 1990
Admitted United States District Court for the Middle District of Florida
Recipient of James Carlisle Rogers Award for best-written criticism of a decision of the United States Supreme Court
Teaching Fellowship Stetson University College of Law
Federal Aviation Administration, Private Pilot, 1976
Reported Decisions:
In Re: Amendments to Rules Regulating the Florida Bar, 762 So.2d 392 (Fla. 1999) (striking down Bar rule restricting the use of trade names)
Freeman v. State, 611 1260 (Fla. 2d DCA 1993) (attacking constitutionality of roadside driver’s license suspensions).
W.F. ”Casey” Ebsary, Jr. , knows that people are arrested, questioned, and indicted in both Florida State and Federal Courts every day. That’s where a Florida Bar Board Certified Criminal Defense Expert, comes in. An experienced former prosecutor of both Felony and Misdemeanor charges can explain your options. Tampa Criminal Defense Lawyer, Casey Ebsary is a local defense attorney and former prosecutor. Casey is ready to help with all types of criminal charges including white collar criminal defense, criminal charges arising out of the internet, computer crime, cybercrime, computer fraud, drug charges and Driving Under the Influence DUI. 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.
Federal Criminal Defense
Casey Ebsary also is a Tampa Federal Criminal Defense Attorney in the Middle District Florida. Indictments are expected in vast array of charges that will stray away from the large-scale drug importation cases we have seen in the past decade. United States Attorney will focus on theft and fraud charges as the financial meltdown of that past continues. W.F. ”Casey” Ebsary, Jr. is a specialist in criminal trial law and is available to help with these types of allegations. If you need help or have questions please call a Tampa Federal Criminal Defense Attorney Middle District Florida at 813-222-2220. Tampa Criminal Defense Attorney and Board Certified Criminal Trial Lawyer, W.F. ”Casey” Ebsary, Jr. is a defense attorney, ready to help with defense of white collar criminal allegations and criminal charges arising out of the internet, computers, cybercrime, computer fraud, drug charges and DUI. Casey is an experienced Defense Attorney whose Litigation experience includes money laundering, fraud, forgery, counterfeiting, and theft in State and Federal Courts. Tampa Criminal Lawyer, W.F. ”Casey” Ebsary, Jr. William F. “Casey” Ebsary, Jr. is a Trial Lawyer. Mr. Ebsary’s practice focuses on trial practice, criminal defense, white-collar criminal defense, high tech corporate litigation and intellectual property issues arising out of the Internet and computer networking. Mr. Ebsary is a former Prosecutor and Board Certified by the Florida Bar. He has litigation experience including murder, money laundering, fraud, and forgery.
Tampa Federal Criminal Defense Attorney, Lawyer W.F. ”Casey” Ebsary, Jr. has once again been reviewed and named to the new list of Florida Super Lawyers. The final list represents no more than 5 percent of the lawyers in the state. Casey is also Board Certified by the Florida Bar. A group that comprises less than 1/2 of 1 percent of Florida Attorneys. ”It is absolutely clear from this record that [Super Lawyer does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.” According to one State Supreme Court.
Alternatives to Jail
Tampa Criminal Defense Attorney Casey Ebsary has noted a recent trend in Treatment alternatives to Jail. Casey Ebsary is a former Drug Court Prosecutor with experience in Court with persons facing jail from substance abuse-related incidents. Treatment is focused on legal problems due to alcohol and drug use and may be facing a 10-day jail sentence for DUI (10-Day DUI Treatment Track) .Daily attendance of AA/NA meetings is required. There is a pre-admission medical assessment that must be completed a week before entering the center. The cost is $4,000.00. The 10-Day Driver Intervention Program offers programming in a minimum-security jail environment. It is designed for male and female second-time DUI offenders to provide services aimed at reducing the likelihood of future driving under the influence of alcohol or drugs. Services provided are assessment, alcohol and drug education, counseling and referral.
Criminal Lawyer
Casey Ebsary is ready right now to defend you, a friend or a loved one. Casey is an experienced Tampa criminal attorney. He has helped hundreds of defendants. Call Casey right now 813.222.2220 for a free consultation. He believes in your rights and will fight for you, a friend or a loved one. Mr Ebsary is not afraid to go to trial. He will do what is in your best interest. Mr. Ebsary has experience with pre-trial diversion which sometimes withholds adjudication. He has been involved in finding drug treatment facilities that are court approved when drug treatment can help the client. Sometimes drug treatment can act as a substitute for jail or even prison. There may be many options that you, a friend or a loved one have not even thought about. That’s where a professional Tampa criminal attorney can help you. Call now 813.222.2220
Explore a wide range of legal services, from DUI and traffic offenses to criminal law matters, computer law issues, and civil rights violations. Our experienced team offers support in arrest warrants, bond hearings, clemency petitions, drug crimes, expungement, and record sealing. We handle extraditions, federal crimes, theft, and robbery cases. Additionally, we specialize in computer civil litigation, computer crimes, and computer forensics, providing expert opinions and support for intellectual property theft and unlawful access to networks and data. Trust us to protect your rights and provide comprehensive legal assistance, including representation in Veterans Treatment Court. Contact us for effective solutions to your legal concerns.
