DUI Attorney Lawyer Florida 813-222-2220

Lambo Crash Video

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Tue, 15 May 2012 08:38:00 +0000

This driver's car exceeded his talent.

Lamborghini Crashes in Chicago Suburbs on YouTube

Photo DUI Hernando County Courthouse

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Thu, 10 May 2012 14:20:00 +0000

Hernando County Courthouse

DUI Defense in Hernando today. On deck as Defense Attorney Lawyer - 160 mile commute from Hillsborough / Pinellas on the case at the historic Courthouse in Brooksville, Florida. Beautiful oak trees surround the structure. Loving the VW New Beetle TDI and the 40 - 50 mpg.

DUI in Hernando County Florida? Call Casey at 813-222-2220

Pasco DUI Deputy - Arrest

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Mon, 07 May 2012 01:15:00 +0000

Pasco DUI Deputy - Arrest

Pasco County DUI Expert just reviewed the report of a Deputy being arrested for Driving under the Influence in Pasco County, Florida. We have removed his name from this report to protect his innocence. After the standard decision that the guy failed the roadside tests, they arrested him and then he blew UNDER the legal limit.

The Pasco Arrest report states the Deputy "was pulled over a few minutes before midnight, after a[nother] deputy saw him turn from U.S. 19 onto State Road 52, nearly heading into oncoming traffic, according to a Pasco County Sheriff's Office report. "

The symptoms noted in the report are almost identical to the field sobriety test results in numerous other DUI cases handled in Pasco County by my office. The reports states the Deputy "had 'a strong odor of alcohol' on his breath and 'bloodshot and glassy' eyes . . . . His blood alcohol level was measured at 0.072 and 0.067, just below the 0.08 threshold at which Florida law presumes impairment, but [the deputy] failed the field sobriety tests, the report said. He told deputies he had four or five drinks. [the deputy], who began working at the jail in 2007, was charged with DUI and released on bail. He is on unpaid leave until the charge is resolved.

DUI in Pasco? Call Casey for help at 813-222-2220 .

Source: http://www.tampabay.com/news/briefs/pasco-corrections-deputy-faces-dui-charge/1228354

Pinellas County DUI Checkpoint Tonight

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sat, 28 Apr 2012 02:21:00 +0000

Pinellas DUI Lawyer

Pinellas DUI Lawyer / Attorney has just obtained another document announcing the location of Tonight's Pinellas DUI Checkpoint:

4501 66th St N

Kenneth City, FL 33709

Pinellas Deputies To Conduct a Sobriety Checkpoint In Pinellas County in Kenneth City. In an effort to reduce DUI related injuries and save lives, Pinellas County deputies will conduct a DUI checkpoint tonight. the Sheriff’s Office zero-tolerance for drinking and driving/drug consumption and driving. At the sobriety checkpoints, about thirty-five to forty Patrol, Prisoner Transport, Community Policing, K-9, and Narcotics deputies will be on the lookout for alcohol and drug impaired drivers. Members of the Pinellas County Sheriff’s Office Traffic Crash Investigators Unit and the Explorer Post 900 will also assist with non-enforcement related tasks. Deputies will also be looking for other traffic violations to include driver license, registration, insurance, and equipment violations.

The Pinellas County Sheriff's Office Mobile Command Bus will be used for breath testing and processing of arrested individuals.

Pinellas DUI? Call Casey at 813-222-2220

DUI Arrest Update from Baynews9.com April 29 at 11:19 pm : Deputies broke down the charges as follows: 4 driver under the influence 10 driving with a suspended or revoked license (one felony) 1 outstanding warrant 1 violation of driving with a business-purpose only license 1 possession of drug paraphernalia 1 possession of Oxycodone 1 possession of alprazolam 1 possession of Opanga 1 possession of cocaine

Our report uncovered who will be involved:

Pinellas County Sheriff's Office

Special Operations Division

Patrol Deputies (North and South County)

Prisoner Transport Unit

Traffic Crash Investigators

Community Policing Unit

K-9 Unit

Investigative Operations Bureau Narcotics Unit

Remove Intoxicated Drivers (RID)

Here is a map of the Location:

View Larger Map

Here is our DUI Checkpoint Video

Pinellas DUI? Call Casey at 813-222-2220

Here is the DUI Checkpoint Report

Tampa DUI - 10 Year Sentence

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Thu, 19 Apr 2012 22:33:00 +0000

Tampa DUI defense attorney notes that: Man gets 10 years for 10th DUI conviction says TBO.com .

"Smith was arrested in August 2011 and charged with his 10th driving-under-the-influence offense and driving on a permanently revoked driver's license. He was released on bail, and within a couple of weeks had been arrested on his 11th DUI charge. That case is scheduled for court next month." Said the Tampa Tribune in Florida .

Felony DUI in Tampa Bay? Call 813-222-2220

Florida Drivers License Suspension

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Wed, 11 Apr 2012 15:05:00 +0000

4585 140th Ave N, Clearwater, FL 33762

Florida Driver's License Suspension Hearings - Here I am again at the Bureau of Administrative Reviews located in Clearwater, Florida. The office handles license suspension hearings for Pinellas, Pasco, and Hernando Counties . Florida suspends licenses for a number of reasons and here is where to go to regain driving privileges or to obtain a Business Purposes Only license.

License Suspended? Call Casey at 813-222-2220 .

DUI Attorney - DUI Case Thrown Out - Crossing the Line

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Fri, 06 Apr 2012 00:05:00 +0000

DUI Cop Crosses the Line

DUI Attorney just reviewed a Driving under influence prosecution where a Vehicle stop for a Traffic infraction (Failure to obey traffic control device) was ruled an invalid traffic stop. The court ruled that the crossing of the white edge line was not a failure to obey traffic control device. The court turned to the Manual on Uniform Traffic Control Devices that did not prohibit crossing edge lines. We have posted a link to the Manual on Uniform Traffic Control Devices here. In fact, the court found slight weaving within the driver's lane did not support reasonable suspicion that the DUI defendant was impaired or that crime was even occurring. the Motion to Suppress the Traffic stop was granted and the Driving Under the Influence charges were dismissed.

Here are some excerpts:

The cop testified, "vehicle crossed the outside lane marker, then returned to her lane. Officer Montgomery stated that based on his training, experience and the time of the event, there was obviously something wrong with Appellee; most likely she was impaired. (R. at 59-62.) A video recording of Appellee's driving was shown and entered into the court record."

The cop claimed the DUI driver was, "cited for failure to obey a traffic control device, pursuant to section 316.074(1), Florida Statutes. Appellee conceded that pavement markings (i.e. lines or line markers) are traffic control devices, but argued that it was not a violation of the law to cross the white lane markers at issue in this case. Citing the Federal Highway Administration's Manual on Uniform Traffic Control Devices(2009) (“Manual”), Appellee explained the instructions given by white line markers. (R. at 69-73.)"

The "court found that the stop of Appellee's vehicle was based on a mere hunch (rather than reasonable suspicion), no detailed factual basis existed for the stop, and the slight weaving in the lane did not support a reasonable conclusion that the driver was impaired or that a crime was occurring. Rather, Appellee's driving was consistent with innocent, lawful behavior."

"It is undisputed that white line markers are traffic control devices that must be obeyed. Appellant argues the trial court should have concluded that it is illegal to cross a white edge line, given the lack of explicit instructions from the Manual. Section 3B.06 of the Manual states that edge lines are to provide visual guidance to drivers. No further instructions are issued. However, in other areas of the Manual, explicit instructions are given regarding crossing certain types of line markers, such as in section 3B.04, when referring to double white lines. Therefore, if the Manual meant to prohibit crossing the edge line described in section 3B.06, it would have specifically stated such a restriction, as it does elsewhere. The trial court correctly applied the facts of the instant case to the applicable law to determine that crossing the edge line is not prohibited due to lack of specific instruction to the contrary."

"Based on the above, it is ORDERED AND ADJUDGED that the ruling on Appellee's Motion to Suppress is hereby AFFIRMED."

DUI Traffic Stop? Call Casey at 813-222-2220

Source: 19 Fla. L. Weekly Supp. 349b

Video - Traffic Stop - Batman Stopped in Lamborghini

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sun, 01 Apr 2012 06:40:00 +0000

DUI Attorney just received a hilarious video of a Lamborghini driven by a guy in a Batman outfit. The car had no tags, just had a Batman symbol mounted on the rear bumper, cop asked the dispatcher to send Robin for backup. Cop took a picture and began humming the Batman theme.

Traffic Stop in Your Lamborghini?

Call Casey at 813-222-2220

Video | DUI Arrest Contest Trooper Tasers Sober Driver

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Fri, 30 Mar 2012 04:26:00 +0000

Worst DUI Arrest in the World

DUI Attorney in Tampa has just received a report that a 200 Arrest Award Winner in a DUI Contest has admitted to numerous violations of DUI Arrest procedures including shutting off her microphone to hide what she was saying to DUI suspects during her traffic stops.

We have just obtained this shocking video where she tasers a driver who according to one source the video "caught her tasering a terrified man after he refused to get out of his car asking to call his lawyer. The man was later found to have been sober." The cop flew off the handle when the driver sought to get advice of a DUI attorney / lawyer. The driver was tested at a BAC .03 and the the case was settled for $40,000.

In my 20 years of criminal defense experience, this is in my opinion, the worst dui arrest I have ever seen. I hereby award this cop my award for Worst DUI Cop With 200 DUI Arrests per Year in the World.

Bad DUI Arrest? Call Casey at 813-222-2220

We have repeatedly Condemned these DUI contests:

DUI Arrest Contest Rules and Prizes | Tampa DUI Attorney Lawyer ...

Dec 15, 2011

DUI Attorney on Florida's West Coast just uncovered the "rules" for a recent DUI Arrest Contest. The awards are characterized as DUI enforcement equipment, some of it valued at thousands of dollars. As a Criminal Defense Attorney, I am not ...

http://news.duifla.com/

DUI Video | Pasco Florida Highway Patrol Arrest Contest | Tampa ...

Nov 28, 2011

DUI Video | Pasco Florida Highway Patrol Arrest Contest. Florida DUI Attorney Lawyer continues to be concerned with the game that some police agencies have made out of DUI arrests. DUI cops in Pasco County Florida set out to break a ...

http://news.duifla.com/

DUI Arrest Contest Trophy? | Tampa DUI Attorney Lawyer Defense ...

Aug 08, 2011

DUI Arrest Contest Trophy? DUI Attorney Lawyer noticed this was parked outside of the Hillsborough County Courthouse in Tampa, Florida this morning. This is an outrageous scenario and there are few, if any, other crimes that give out ...

http://news.duifla.com/

Victim of Bad DUI Arrest? Call Casey at 813-222-2220

Source: http://www.dailymail.co.uk/news/article-2122397/Lisa-Steed-Trooper-year-admits-violating-DUI-procedure.html#ixzz1qZNWfllF

DUI Attorney on Drugs and DUI Charges

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Wed, 28 Mar 2012 23:42:00 +0000

DUI and Drugs

DUI attorneys and people who have been arrested call me and sometimes ask: What happens when there is a DUI arrest, a .000 breath test, followed by a urine screen that is positive for drugs? Here is the answer. We use a toxicologist to testify about the limitations of urinalysis in the following fashion:

A urine drug screen takes place in a laboratory setting and involves multiple chemists and technicians. The process entails a battery of tests over the course of several days utilizing different instruments that represent a comprehensive examination for controlled substances. These tests include the “immunoassay presumptive test,” the “thin layer chromatography test,” the “gas chromatography test” and “mass spectrometry.” Some of these tests are “quantitative” which reveal concentration levels.

However, in a urine test, the results are always reported in a “qualitative” fashion. (Meaning that the results are reported in such a way that they are limited only to confirm the presence or absence of a drug.) The reason for this is quite legitimate since concentrations detected in urine do not correlate with concentrations found in the blood. Thus, urine concentration levels have no meaning in and of themselves since they represent a number related to what is found merely in the urine and not in the blood stream. (And of course, it is only what is found in the blood stream that directly relates to the issue of impairment at the time of driving.)

Usually, the State's toxicologist can only testify that while the presence of a controlled substance was detected in the urine sample, it is impossible to determine based on this method of testing whether a driver was actually feeling the effects of that substance at the time he was operating the vehicle. Usually, the State's expert witness will also have to admit that such uncertainty is due to the length of time that it takes for most prescription and illegal drugs to be processed or "eliminated" from the human body.

DUI with Drugs? Call Casey at 813-222-2220

Three DUI Charges In Three Weeks - Video

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Wed, 28 Mar 2012 23:00:00 +0000

DUI and Drugs

Tampa DUI Attorney notes that this young lady has DUI charges involving drugs. We have written about this topic here: Tampa DUI Lawyer on Defending DUI Charges Based Upon Drug Usage. The short answer to the question: How do you defend a Driving Under the Influence case where drugs are blamed? Usually, the State's toxicologist can only testify that while the presence of a controlled substance was detected in the urine sample, it is impossible to determine based on this method of testing whether a driver was actually feeling the effects of that substance at the time he was operating the vehicle. Usually, the State's expert witness will also have to admit that such uncertainty is due to the length of time that it takes for most prescription and illegal drugs to be processed or "eliminated" from the human body.

Three DUIs in three weeks: MyFoxTAMPABAY.com

DUI and Drugs

Tampa DUI? Call Casey 813-222-2220

Tampa DUI Attorney | Near Miss | Driver Nearly Hits Deputy

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Fri, 23 Mar 2012 16:57:00 +0000

Tampa DUI Attorney presents stunning in car video of a Deputy sheriff nearly getting hit by a reckless driver. Deputy is OK. One of these two should definitely get a lawyer.

Need DUI Help? Call 813-222-2220

DUI Suspect Crashes into Jail - Video

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sun, 26 Feb 2012 03:56:00 +0000

DUI Attorney Needed

DUI Defense Attorney needed after DUI Suspect crashes his vehicle through a Florida County Jail Gate. Here is a list of charges made by the County Sheriff:

Criminal Mischief
Trespassing
DUI
Drug possession
Reckless driving
Resisting an officer without violence.

He remains in jail.

Read more: http://www.wesh.com/news/30483428/detail.html#ixzz1nSNEhscw

Video: Deputies: Man arrested after ramming pickup into jail gate

DUI? Call Casey at 813-222-2220.

Cop Fired for DUI

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Thu, 23 Feb 2012 20:33:00 +0000

DUI Arrest of Police Officer

Here we go again. Notice this cop was fired and the "police officer [was only] charged with DUI" This seems to be a recurring theme where employees are fired before the case has been resolved in criminal court. What happened to "presumed innocent?"

Whitpain board fires police officer charged with DUI - thereporteronline.com

201 E Kennedy Blvd, Tampa, Florida

Video - Dancing With the Stars Hines Ward beats DUI

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Thu, 23 Feb 2012 03:02:00 +0000

DUI Charge was dropped to a Reckless Driving charge. Hines Ward won Dancing with the Stars and is an NFL Star.

UPDATE Video Added and New Information on rather unconventional method used by DUI Cop.

Oddly enough, one of the "tests" given by the DUI cop was not even a Standardized Field Sobriety Test / Exercise. Say the Alphabet from "D-X" is not an approved Field Sobriety Test. "Ward pleaded guilty to reckless driving and was given a year on probation. . . he also was fined $2,000 and must do 80 hours of community service. He also must undergo alcohol evaluation."

http://www.accesshollywood.com/prosecutors-drop-dui-charges-against-pittsburgh-steelers-receiver-hines-ward_article_61026

Florida DUI Hearings | Bureau of Administrative Reviews | Locations

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Mon, 20 Feb 2012 05:47:00 +0000

Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479

Tampa DUI Defense Attorney W.F. "Casey" Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service to those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. The Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews, Department of Highway Safety and Motor Vehicles (DHSMV) are listed below. The hearing is usually requested on a special form, with required documentation, and a filing fee. Failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.

Bureau of Administrative Reviews

We request and handle these hearings for our Driving Under the Influence clients. Call 813-222-2220 for a free phone consultation.

City	Address	Zip Code	Phone Number
Clearwater	4585 - 140th Avenue, North, Suite 1002	33762-0000	(727) 507-4405
Daytona Beach	995 Orange Avenue	32114-4663	(386) 254-3912
Ft. Myers	4048 Evans Avenue, #305	33901-0000	(239) 278-7421
Ft. Pierce	3223 S. Federal Highway, Suite #8	34982-8105	(772) 460-3660
Ft. Walton Beach	115-A Northwest Racetrack Road	32547-1644	(850) 833-9716
Gainesville	2815 NW 13th Street, Suite 302	32609-2861	(352) 955-2030
Jacksonville	7439 Wilson Blvd.	32210-3597	(904) 777-2132
Lauderdale Lakes	3708 W. Oakland Park Blvd.	33311-0000	(954) 714-3552
Miami	2515 West Flagler Street	33135-1422	(305) 643-7569
Orlando	4101 Clacona Ocoee Road, Suite #152	32810-4221	(407) 445-5581
Palm Bay	2325 S. Babcock St., Suite B	32901-7121	(321) 984-4810
Panama City	237 West 15th Street - Lincoln Center	32401-0000	(850) 872-7747
Pensacola	7282 Plantation Road, Suite #406	32504-6331	(850) 494-5728
Tallahassee	504-A Capital Cr. S. E.	32301-3817	(850) 487-2788
Tampa	2814 E. Hillsborough Ave.	33610-4479	(813) 276-5795
West Palm Beach	5801 Lake Worth Road, Suite 230	33467-0000	(561) 433-3636
Winter Springs	290 East SR 434	32708-0000	(407) 327-6678

Administrative Hearing Location in Tampa | Florida | DUI Administrative Hearing

W.F. Casey Ebsary, Jr.

DUI Tampa Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews Florida Hearing Office in Hillsborough County, Florida.

More photos from W.F. Casey Ebsary, Jr.

State of Florida: Driver Licenses Office

2814 East Hillsborough Avenue, Tampa, FL, United States

Pinellas DUI Checkpoint Arrests

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sun, 19 Feb 2012 04:31:00 +0000

DUI arrests reported in Pinellas County during a checkpoint operation. Here are the latest numbers:

dui checkpoint, Pinellas, DUI, driving without a valid license, driving with a suspended or revoked license

32 people Arrested

40 different charges

47 citations

1,900 cars

25 percent through the checkpoint.

1 Aggravated battery with a motor vehicle charge,

1 Aggravated fleeing charge

2 Felony violation of probation charges

1 Resisting arrest without violence charge

2 Misdemeanor warrant arrests

6 Misdemeanor charges of possession of a controlled substance

6 Charges of driving without a valid license

12 Charges of driving with a suspended or revoked license

8 DUI charges.

DUI News has previously reported on DUI checkpoints in Pinellas County.

Sobriety checkpoint in Pinellas results in more than 30 arrests - Tampa Bay Times

Search Criminal Defense Florida Database for Free

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sat, 18 Feb 2012 03:50:00 +0000

We have three major Criminal Defense web news resources. Search them all right here.

Courtesy of the Law Office of W.F. ''Casey'' Ebsary, Jr.

813-222-2220 .

Results Appear after the Break

Refusal of a Breath Test - DUI Cop Arrested

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sat, 18 Feb 2012 01:35:00 +0000

DUI Court in Plant City
Hillsborough County, Florida

DUI Defense Attorney just noticed a media report where a Florida Highway Patrol State Trooper was arrested for DUI. It made me wonder what would a professional DUI enforcement officer do when faced with the choice of whether or not to take a breath test? The answer - the trooper refused to take a breath test.

A Hillsborough County Sheriff's Deputy spotted the driver on a road near Tampa, Florida. The defendant is presumed innocent and is awaiting trial.

Refusal of a breath test in your case? Call Casey at 813-222-2220

Source: http://www.theledger.com/article/20120217/NEWS/120219433

Tampa Intoxilyzer 8000 | Criminal Defense Expert Update

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sun, 12 Feb 2012 02:57:00 +0000

Intoxilyzer 8000

Tampa, Florida DUI Attorney, Lawyer W.F.”Casey” Ebsary, Jr. ran into a potential witness in during our live coverage of the Intoxilyzer 8000 hearings in Tampa’s Circuit Courthouse. He has given us some interesting findings about breath test data that is not disclosed to Florida DUI Defense Attorneys that may be helpful to fighting DUI charges that use a breath result. DUI consultant Stephen Daniels with DUIUndo.com has given us some interesting information about the Intoxilyzer 8000, I-8000. Some people refer to COBRA as: In simple terms, C.O.B.R.A. is a cross-jurisdictional database search and analysis system. In Florida, COBRA Data is referred to as: "Computer On-line Breath Archives" We publish the story and a few notes by Florida DUI Attorney, Casey Ebsary, below:

Stephen Daniels Writes on Intoxilyzer Software

I had my first out of state case and attached is the Cobra Data from an Oregon Intoxilyzer 8000. If all Intoxilyzer 8000’s are the same, and if all states design their own software, could the defense bar raise an argument as to whether FDLE/ATP ‘intentionally’ designed the Florida Cobra Software to ‘exclude’ extremely critical breath tests data from the defense? If they did, wouldn’t this be an ‘Intentional Tort’ or Official Negligence and wouldn’t that be cause for suit. If yes, then would this also not be a Brady Violation and a violation of the [Florida Rules of Criminal Procedure]:

Florida Criminal Procedure 3.220 (4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.

Note From Florida DUI Attorney: The Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement's computer network and upload activities including calibration, testing, and individul DUI defendant's tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.

Oregon Cobra Data Sample

If you notice pic 082 jpg of Oregon’s Cobra Data, that data includes two more lines of data than the Florida Cobra data. Those two additional lines of data; the sample duration and the ‘sample attempts raise serious doubts as to what is actually analyzed and reported. If you notice the 1st sample has

BrAC: 0.184
Breath Volume: 2.355
Sample Duration: 8.28
Sample Attempts: 2

This breath test sample did not have a ‘VOLUME NOT MET’. It was the result of two (2) sample attempts each of ‘unknown’ sample duration. The print out from the Florida and Oregon Intoxilyzer 8000 printers only show the BrAC results and air blanks. Florida Cobra shows the additional Cobra data of the ‘Breath Volume”

However, the Oregon Intoxilyzer 8000 Cobra data shows ‘additional data’ not only of the breath volume, it also shows the following information that is vital to determining what actually happened during the individual breath test blows The Oregon Intoxilyzer printout that the state discovered only shows that my client provided two test results. But the Oregon Cobra Data (pic 82 jpg) from my PRR revealed data that shows that my client actually made to (2) sample attempts on the 1st test blow:

Sample Duration: 8.28
Sample Attempts: 2

Question From Tampa, Florida DUI Attorney: Why is each state making custom software modifications to these machines that have been approved by the United States Department of Transportation D.O.T.?

The questions become, ‘Does that void of vital test information in Florida’s Cobra go to the admissibility or the weight of the evidence? And then the questions for the evidence become: ‘What sample was analyzed the 1st or 2nd? And, ‘What was the time duration of the sample analyzed and reported? And, ‘Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?’

Florida Intoxilyzer Test Requirements

We know from the online FDLE/ATP records that the Intoxilyzer 8000 does not need the 1.1 liter of breath volume to issue a BrAC result. There are 1000’s of breath test results that have a BrAC result with only a 0.015 breath volume. My point is, per Florida’s records, and applying the missing Oregon’s Cobra Data to any test result from a Florida Intoxilyzer 8000, could the defense not argue that ‘without’ full disclosure of the ‘individual Cobra Test data’ the state cannot proffer these results as ‘scientifically reliable or accurate’. Why? Because the state cannot show that the minimum criteria was in fact met when more than (1) sample was provided during the 1st or 2nd breath samples, and without this data the state cannot prove that any BrAC result from a Florida Intoxilyzer 8000 is in ‘Barfield’s terminology’…. wait for it….. Quantitative of the Subject’s Breath Alcohol Level.

C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives.

Oregon Cobra Data Set

The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question. This data includes additional data surrounding test actual breath test sample and what was happening ‘exactly’ during each breath test sample. The COBRA data that is available on the Intoxilyzer 8000 is:

1. BrAC result
2. Breath Volume
3. Flow Rate (R Value)
4. Sample Duration (seconds)
5. Sample Attempts
6. Sample Chamber Temperature
7. Barometric Pressure
8. All Diagnostics During Sample Collection
9. Rounded Slope
10. Rounded Intercept
11. Stored Tests in Memory Mask

Tampa DUI Attorney Note: Florida only requires the report spit out of the machine at the time of testing and a few documents that establish monthly and annual testing / calibration to be put before a jury.

Breath Test Issues in a DUI Case? Click the Call Me Button above or give me a call, tell me your story Toll Free 1-877-793-9290.

DUI University of South Florida - Attorney Lawyer

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sun, 12 Feb 2012 02:38:00 +0000

University of South Florida Police DUI Enforcement

Dui Defense Attorney notes that USF Police conduct Saturation Patrols on and around the Tampa, Florida campus. One recent press release warned, " The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012. This patrol will begin at 2:00 a.m. and end at 5:00 a.m. "

DUI enforcement by " USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe. Impaired drivers that are identified will face arrest and prosecution. " Students apprehended likely will face driver's license suspension and criminal prosecution, in addition to action by the Office of Student Rights and Responsibilities.

USF DUI? Call 813-222-2220

Tampa Palms DUI Traffic Stops

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Fri, 03 Feb 2012 04:19:00 +0000

Traffic Stop

Running a Stop Sign

Tampa Palms DUI Defense Attorney spent one evening last year at a DUI checkpoint near Tampa Palms in Hillsborough County Florida. Video of that investigation of DUI Checkpoints is here. Tonight we spent time watching the Tampa Police Department bust drivers at various intersections near Bruce B. Downs Blvd. Unlike a DUI checkpoint where cops decide to stop a certain number vehicles with out cause, tonight we saw several patrol cars attempting to stop numerous vehicles for minor traffic infractions.

Tampa Police Traffic Stop

Many of the seemingly innocent traffic stops lead to DUI investigations and possible arrests. The Tampa Police Department competes in DUI arrest contests sponsored by various law enforcement equipment manufacturers and the Mothers Against Drunk Driving. We have written about this several times in other articles on our DUI news website. No other crimes seemed to generate the desire on the part of law enforcement to win prizes for arresting people. Here are a few of the photographs we recently took during the 30 to 60 minutes we were watching this operation by the Tampa Police who were possibly on the DUI squad.

Traffic Control Device

Although Tampa Palms is in the Northern end of Hillsborough County, the City of Tampa's city limits run throughout the Bruce B. Downs Boulevard area. Many of the citizens we represent are arrested on or near Bruce B. Downs Blvd near zip code 33613 and Interstate 75. If you have been stopped and arrested for DUI or other criminal traffic offenses in the Tampa Palms area, you need to look no further for an experienced criminal defense attorney to help.

Tampa Palms DUI? Call 813-222-2220.

Three Tampa Police Department Patrol Cars versus one Driver

DUI Arrest Contest Archives

DUI Arrest Contest Rules and Prizes | DUI Attorney Tampa Lawyer ...

http://news.duifla.com/

DUI Video | Pasco Florida Highway Patrol Arrest Contest | Tampa ...

http://news.duifla.com/

DUI Arrest Contest Trophy? | Tampa DUI Attorney Lawyer Defense ...

DUI Attorney Lawyer noticed this was parked outside of the Hillsborough County Courthouse in Tampa, Florida this morning. This is an outrageous scenario and there are few, if any, other crimes that give out trophies for arrests (not even ...

http://news.duifla.com/

DUI Tampa Bay Mobile Version

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Thu, 26 Jan 2012 16:34:00 +0000

We previously launched our Mobile Tampa DUI News site.

We have just launched mobile versions of our DUI Tampa site and they can be viewed here Tampa DUI Lawyer Mobile on your Android or iPhone Tampa DUI Attorney Mobile or here .

Pinellas DUI Attorney - DUI Checkpoint Video | Holiday Locations - Breaking News

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Sun, 18 Dec 2011 02:15:00 +0000

Pinellas DUI Attorney

Pinellas DUI Attorney has just obtained a document announcing the locations of Holiday DUI Checkpoints:

Update December 17, 2011:

25 Arrests / 10 for DUI

Update December 10, 2011:

21 Arrested For DUI So Far

Pinellas Deputies To Conduct Sobriety Checkpoints In Pinellas County As Holidays Approach

Who:

Pinellas County Sheriff's Office

Special Operations Division

Patrol Deputies (North and South County)

Prisoner Transport Unit

Traffic Crash Investigators

Community Policing Unit

K-9 Unit

Investigative Operations Bureau Narcotics Unit

Remove Intoxicated Drivers (RID)

What: In an effort to reduce DUI related injuries and save lives this Holiday season, Pinellas County deputies will conduct four DUI checkpoints over the next two weekends.

Where: The sobriety checkpoints will be conducted at multiple locations and times as listed below.

When: The sobriety checkpoints will be held at the following locations and times:

View Larger Map

Friday, December 9, 2011 from 8:00 p.m. to 11:00 p.m.

Church by the Sea located at 495 137th Avenue Circle in Madeira Beach.

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Saturday, December 10, 2011 from 12:30 a.m. to 3:30 a.m.

National Aviation Academy located at 6225 Ulmerton Road in Clearwater.

Friday, December 16, 2011 from 8:00 p.m. to 11:00 p.m.

Berea Baptist Church located at 370 Alt. 19 in Palm Harbor.

Saturday, December 17, 2011 from 12:30 a.m. to 3:30 a.m.

View Larger Map

K-Mart located at 26996 US Highway 19 North in Clearwater

Here is our DUI Checkpoint Video

How/Why: Pinellas County deputies will conduct multiple DUI Checkpoints over the next two weekends. The goal of the sobriety checkpoints is to raise awareness that will help reduce injuries and save lives this holiday season; as well as enforce the Sheriff’s Office zero-tolerance for drinking and driving/drug consumption and driving.

DUI enforcement is designed to keep families safe from one of the greatest threats to our communities – THE IMPAIRED DRIVER. Statistics show that in 2010 there were 1,198 alcohol related crashes in Pinellas County. Those crashes resulted in 699 injuries and 42 fatalities.

At the sobriety checkpoints, about thirty-five to forty Patrol, Prisoner Transport, Community Policing, K-9, and Narcotics deputies will be on the lookout for alcohol and drug impaired drivers. Members of the Pinellas County Sheriff’s Office Traffic Crash Investigators Unit and the Explorer Post 900 will also assist with non-enforcement related tasks. Deputies will also be looking for other traffic violations to include driver license, registration, insurance, and equipment violations.

The Pinellas County Sheriff's Office Mobile Command Bus will be used for breath testing and processing of arrested individuals.

Holiday DUI? Call Casey at 813-222-2220

DUI Arrest Contest Rules and Prizes

noreply@blogger.com (W.F. Casey Ebsary, Jr.) — Fri, 16 Dec 2011 02:27:00 +0000

DUI Arrest Contest
Rules and Prizes

DUI Attorney on Florida's West Coast just uncovered the "rules" for a recent DUI Arrest Contest. The awards are characterized as DUI enforcement equipment, some of it valued at thousands of dollars. As a Criminal Defense Attorney, I am not aware of a single other crime where rewards are given based on arrests. The stakes are high for the contestants as one prize is, "one fully equipped vehicle" Just in case the Florida DUI cops are embarrassed by our uncovering this scam buried deep in their website and decide to take it offline, we have placed a Copy of the DUI Arrest Contest Rules here.

The Rule book opens like this:

"The Florida DUI Sustained Enforcement Program supports this goal by rewarding agencies for conducting high visibility DUI enforcement operations. The FDOT Safety Office has established an incentive program with four levels of participation. Each law enforcement agency can select the level of participation that fits its manpower availability. The Law Enforcement Liaison Program will collect monthly reports filed by the participating agencies, determine what participation level each agency has met at the end of the calendar year, and provide access to an online equipment catalog. Agencies can select DUI enforcement equipment based on the participation points that they have earned directly from the online catalog."

Scoring System:

Conduct/Host DUI checkpoint: 100 points

Saturation Patrol: 20 points

Attend Checkpoint hosted by other agency: 10 points

Platinum 6000 DUI Enforcement Activity Points Earned

Gold 4000 DUI Enforcement Activity Points Earned

Silver 2000 DUI Enforcement Activity Points Earned

Bronze 1000 DUI Enforcement Activity Points Earned"

The "points" actually have a cash value that our investigation uncovered:

Platinum Level Award $15,000

Gold Level Award $10,000

Silver Level Award $5,000

Bronze Level Award $2,500

They even have a lottery type "drawing" for other prizes:

In addition to the regular program rewards, all agencies that qualify at the Bronze or Silver levels will be eligible for a random drawing for a laser speed measuring device. All agencies that qualify at the Platinum or Gold levels will be eligible for a random drawing for one fully equipped vehicle to be used exclusively for DUI enforcement by the winning agency.

Caught Up in Their Game? Call Casey at 813-222-2220

Source: http://www2.dot.state.fl.us/duisustainedenforcementinitiative/Utilities/Help/Help.aspx

Florida DUI Arrest Contest Rules and Prizes