How to Choose a Tampa Criminal Defense Lawyer
Transcript: Hundreds of people are arrested every day. You may be one of them. You need a qualified expert. That’s where I come in. I am Casey Ebsary, a trial Attorney here to help you.; Call a Tampa Criminal Defense Lawyer Attorney at our Florida Office 1-877-793-9290. Get some help today.
For more help you can take a look at our client reviews .
How to Choose a Tampa Criminal Defense Attorney
“My office is now located in the very neighborhood where I was raised on South Orleans Avenue. I even have the same zip code.”
Reviews of Criminal Defense Lawyers in Tampa
Criminal Defense Lawyer Tampa
20 years ago, I left the Prosecutors office and opened my own office on South Magnolia Avenue. A few years later the office grew and moved to the Channelside District. The journey continues. Since moving from our Channelside office, we have established our practice in Hyde Park. The Law Office of W.F. ”Casey” Ebsary Jr is conveniently located at 2102 W Cleveland St Tampa, Florida 33606 – Close to downtown and to Tampa International Airport. The Hillsborough County State Attorneys office is also nearby. My office is now located in the very neighborhood where I was raised on South Orleans Avenue. I even have the same zip code.
These are all of the DWI stories we had on our Google Plus page.
It contains years of curious and, at times, odd stories that were posted.
Glad our Indian Shores Police Officer is safe tonite after last night’s shooting. First I can ever remember in our small town.
Court denied issuance of a subpoena and ruled In a blood test “burden arises from the Constitutional right to privacy in one’s medical records, which requires the State to demonstrate a compelling interest in the disclosure.” A burden that in a rare case was NOT met. These subpoenas are routinely rubber-stamped and almost always issued.
/dui-subpoena-medical-records-blood-test-denied/
First timers can avoid a driving under the influence conviction. This change in policy is important for drivers charged with their 1st driving while impaired. According to Florida law, pretrial intervention programs can are available for a first time driving while intoxicated driver as long as they have spoken with a lawyer, agrees to complete the program.
https://dui2go.com/reducing-impaired-driving-recidivism-ridr/
Law Office of W.F. “Casey” Ebsary Jr
This is how you can be arrested for driving while intoxicated even if you’re sober.
Sober Driver Arrested Video
Sober Driver Arrested
This person was arrested for driving while intoxicated — even though they were completely sober
tampagov.net
Over the weekend, a driver in Tesla Model S sedan was arrested and charged with driving while intoxicated when he was found passed out behind the wheel on San Francisco’s Bay Bridge. His blood alcohol content was two times the legal limit. He told the California Highway Patrol officers it was OK: The car was on autopilot.
wired.com
Can St Petersburg Seize Vehicles in DWI Cases? YES
“There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure . . .” said the Attorney for the City of St Petersburg.
St Petersburg Driving While Impaired Vehicle Seizure
One Florida town will join a few others in allowing police to seize the vehicle of a driving under the influence suspect and sell it back to him/her for around $500.00.
The language used by the St. Petersburg City Attorney is, “vehicle seizure and impoundment with a companion administrative fine. ”
https://dui2go.com/dui-st-petersburg-attorney-813-222-2220-lawyer/
Think #quotas for #tickets R #bad, how about arresting drivers 4 fun & profit Contests 4 #arrests since 2009 Bad!
centrallaw.com
What happens if you are confused and refused a #Breathalyzer test in #Florida?
The Florida Supreme Court loves television and so do we. #TV #CopsGoneWild
Drunk Driving Video Florida
nj1015.com
Pitcher was .147 with Cocaine in Boat Crash
#Marlins #JoseFernandez Boating Under Influence BUI FL Coroner BAC .147 & cocaine. No news who was driving .https://www.dui2go.com/2016/10/jose-fernandez-florida-baseball-BUI.html
Boating Under the Influence Charges
Hillsborough DUI, Pinellas DUI, Pasco DUI, Conviction Rate
Surprising data on Tampa Bay DUI Conviction rates. Raw Data and Spreadsheet data shows Hillsborough County Florida with highest conviction rate.
Michael Phelps – Miracles Happen – From Addiction to Gold Medals
Punish Refusal to Submit to a Breath Test
Supreme Court on Refusal to Submit to a Breath Test
Florida and Other States Can Punish Refusal to Submit to a Breath Test
St. Pete Pride
DUI Enforcement officers and other law enforcement will swarm St. Pete Pride as over 200,000 will gather this weekend to support and celebrate Florida’s LGBTQ community at the St. Pete Pride Parade.
Second Refusal Breath Test on Trial
Florida Supreme Court will hear arguments Sept. 1 in a challenge to the constitutionality of a state law that allows people to be prosecuted for refusing to take breath tests when suspected of drunken driving.
Punish Refusal to Submit to a Breath Test
Justices issued an order Tuesday scheduling the arguments in the Volusia County case of William Williams, who was stopped in October 2013 on suspicion of driving under the influence. An arresting officer, who did not have a warrant, asked Williams to submit to a breath test to determine blood-alcohol content but Williams refused, according to court documents.
Florida Supreme Court sets arguments on DUI breath tests
DUI Cops Are Instructed How to Testify
Notably, they are told not to demonstrate field sobriety tests that they themselves cannot perform. “Always demonstrate how you conducted field sobriety evaluations. Be certain, however, that you can do in court all the evaluations you asked the defendant to perform
A Guide for Law Enforcement Officers and Expert Witnesses in Impaired Driving Cases
Epic Fail – Summary of the Field Sobriety Exercises Exclusion Ruling
Field sobriety exercises are inadmissible in this case unless the State of Florida demonstrates their reliability to the Court in a Daubert hearing. The State must show that field sobriety exercises were created using the same rigorous scientific method that is behind every theorem and postulate in science journals before field sobriety exercises can be admitted.
Field sobriety exercises are inadmissible in this case unless the State of Florida demonstrates their reliability to the Court in a Daubert hearing
Video cameras did not catch this or were not running and then this happened at a DUI traffic stop. #allegedly “Instead of explaining what actually happened,” the sheriff said, “Deputy Virden made up facts that simply could not have occurred.”
https://www.fox13news.com/news/local-news/83291503-story
fox13news.com
Tons of interesting questions and surprising answers from a just completed interesting afternoon with a doctor on drugs and testing and impairment of drivers.
It is Only a Misdemeanor
DUI – It is only a misdemeanor thought a Miss USA contestant. She did not disclose a conviction, won the title, and then was stripped of her crown when pageant officials got wind of the case.
Driving License Cancelled Suspended Revoked DWLSR
Get a Driver’s License
Of the 1656 ways to go to jail in Tampa, Florida, this is Number 1. TRAF6075 is number one of the top 50 ways to be arrested and placed in the Hillsborough County Jail in Tampa, Florida. There are 1656 ways to go to jail for criminal charges in Tampa. This is Numero Uno #1.
Top 50 Ways to Go to Jail
Many of the Top 10 ways to go to jail in Tampa, Florida are traffic crimes. By the way there are about 1656 ways to end up in the Hillsborough County Jail.
/top-50-ways-hillsborough-county-jail/
Floriduh Lawnmower Guy Video – dashcam, nicely equipped lawnmower, and catchy jazz soundtrack.
https://dui2go.com/can-you-get-a-dui-on-a-lawnmower-in-florida-dashcam-video/
https://www.dui2go.com/2012/08/dui-attorney-needed-lawnmower-video.html
Driver detained by citizen and then arrested by cop for DWI.
130 ways to Go to Jail in Traffic Court
There are at least 130 ways to be charged with a criminal traffic crime under Florida law. This is a complete list of criminal traffic charges under Florida Statutes.
The FLORIDA Supreme Court will review Florida Driving Under Influence 2nd Refusal law and whether it is Constitutional to refuse to cooperate with cops in a second refusal to submit to chemical testing.
Form Code: TRAF1076
Florida Statute: 316.1939.1
Level: Misd (Misdemeanor)
Degree: 1st
Description: REFUSAL TO SUBMIT TO TESTING
TRAF1076 REFUSAL TO SUBMIT TO TESTING 316.1939.1
“Corpus delicti is one of those not-so-glamorous topics that tends to fall through the academic cracks in many law schools. In fact, before having to focus on this subject as a novice prosecutor, my knowledge of it was limited to what my bar exam review instructor had taught me: Corpus delicti is always the wrong answer to an evidence question. ”
How to Win a Hearing Cop skips hearing, despite court order – absence was unexplained or unexcused. Driver gets license back.
https://dui2go.com/dui-officer-misses-hearing-driver-gets-license-back/
/dui-defense-book/
Law Office of W.F. ”Casey” Ebsary, Jr.
Stand Your Ground is a defense to some criminal charges in Florida. There is a high profile stand your ground case in Florida where a defendant shot someone in a parking lot dispute. The Stand Your Ground Defense Trial Live Feed is below. Beneath the video feed we have summarized what is needed to successfully establish self defense use of physical force, weapons, and firearms under state law.
According to CourtTV, “It all happened because of a parking spot dispute. Michael Drejka fatally shot Markeis McGlockton outside a local convenience store.” The network contends, “Shortly before the shooting, Drejka had confronted McGlockton’s girlfriend, Britany Jacobs, for using a disabled parking space with a permit. McGlockton came out of the store and pushed Drejka resulting in Drejka falling to the ground. Drejka drew his firearm and shot McGlockton. McGlockton later died from his injuries at a local hospital.”
Florida Law on Stand Your Ground “a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”
In short, a person is justified in the use of non-deadly force and “does not have a duty to retreat before using or threatening to use such force.” The potential defendant probably will have to testify since hearsay evidence is inadmissible at such hearing.
“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”
https://www.flsenate.gov/Laws/Statutes/2018/776.012
“A person who uses or threatens to use force as permitted in § 776.012″ ” is immune from criminal prosecution.” §776.032. When a defendant asserts statutory immunity, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).
Under § 776.012(1), ” a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” A person who is justified in the use of non-deadly force “does not have a duty to retreat before using or threatening to use such force. ” Id.
“An objective standard is applied to determine whether the immunity provided by these provisions attaches.” Mobley v. State, 132 So.3d 1160, 1164 (Fla. 3d DCA 2014). ” That standard requires the court to determine whether, based on circumstances as they appeared to the defendant when,he or she acted, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant. ” Id. 1164-1165.
A defendant has the right to a pretrial evidentiary hearing on his motion to dismiss based on §776.032 immunity. Satyanand v. State, 147 So.3d 662,663 (Fla. 5th DCA 2014). Hearsay evidence is inadmissible at such hearing. McDaniel v. State 24 So. 3d 654, 657-658 (Fla. 2d DCA 2009).
Nixon declared war on drugs. Nancy Reagan just said no. Neither of those were effective strategies to help alleviate the problems flowing from the epidemic of drug abuse that plagues us to this day. Florida Drug Courts have come to their senses and prosecutors are using treatment courts to help people who are otherwise crime-free, seeking help to avoid convictions for serious drug crimes. Check the end of this post you will find the complete transcript of Nixon’s original declaration of war on drugs.
Songwriter and Investigative Journalist Mike Deeson and I worked on an investigative report on the positive impacts of Drug Courts in Florida. 40 years ago, President Richard Nixon declared a war on drugs. 3 years later, in 1974, he said the war was a success. Here is a new song called Florida Drug Court Blues.
“We must wage what I have called Total war against public enemy number one in the United States the problem of dangerous drugs.”
Richard Nixon
In Pinellas County – a different approach Chief Judge Thomas McGrady says 80% of the crimes are related to substance abuse. For the most part the solution of the problem is incarceration. But in situations where they are non-violent and in a situation where we could get to the point where they could become productive members of society. That seems to be a better use of our limited resources to put it towards treatment rather than in prison.
Sentencing offenders to treatment instead of prison offenses costs taxpayers more than 377 million dollars a year.
“Drug offenders are not bad people trying to get good, they are sick people who can get well.”
One local sheriff said drug abusers should be in prison that’s working so well that’s keeping the people of this community and this state safe. He urges legislators and the governor to leave it alone. Drug treatment courts are too radical says the sheriff.
“Seeing violent offenders out of prison is too radical , some guy with a machine gun or rocket launcher, somebody who is a violent felon is not going to prison because some non-violent offender is in on a minimum mandatory drug sentence. That is too radical. That’s disturbs me greatly and it happens all the time.”
Casey the Lawyer
Sending a drug abuser to prison instead of into a program has a societal cost as well and there is a good chance that the judge will see that same drug abuser in front of him or her once again.
“Prison is graduate school for whatever they were doing before they got in there.”
Casey the Lawyer
At DACCO there is a 6 month residential program that has close to a 70% success rate at the cost of about $10,000 compared that to the average 6.4 year sentence costing taxpayers $124,000 per offender locked up.
As Mike Deeson said, Nixon “declared a war that is clearly being lost .”
Here is Mike’s Youtube Channel
https://www.youtube.com/channel/UClSXAwjKZLJxq0cy0VhtuXg/videos
https://www.drug2go.com/p/drug-treatment-rehabilitation.html
Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971
Ladies and gentlemen:
I would like to summarize for you the meeting that I have just had with the bipartisan leader which began at 8 o’clock and was completed 2 hours later.
I began the meeting by making this statement, which I think needs to be made to the Nation: America’s public enemy number one in the United States is drug abuse. In order to fight and defeat this enemy, it is necessary to wage a new, all-out offensive.
I have asked the Congress to provide the legislative authority and the funds to fuel this kind of an offensive. This will be a worldwide offensive dealing with the problems of sources of supply, as well as Americans who may be stationed abroad, wherever they are in the world. It will be government wide, pulling together the nine different fragmented areas within the government in which this problem is now being handled, and it will be nationwide in terms of a new educational program that we trust will result from the discussions that we have had.
With regard to this offensive, it is necessary first to have a new organization, and the new organization will be within the White House. Dr. Jaffe, who will be one of the briefers here today, will be the man directly responsible. He will report directly to me, and he will have the responsibility to take all of the Government agencies, nine, that deal with the problems of rehabilitation, in which his primary responsibilities will be research and education, and see that they work not at cross-purposes, but work together in dealing with the problem.
If we are going to have a successful offensive, we need more money. Consequently, I am asking the Congress for $155 million in new funds, which will bring the total amount this year in the budget for drug abuse, both in enforcement and treatment, to over $350 million.
As far as the new money is concerned, incidentally, I have made it clear to the leaders that if this is not enough, if more can be used, if Dr. Jaffe, after studying this problem, finds that we can use more, more will be provided. In order to defeat this enemy which is causing such great concern, and correctly so, to so many American families, money will be provided to the extent that it is necessary and to the extent that it will be useful.
Finally, in order for this program to be effective, it is necessary that it be conducted on a basis in which the American people all join in it. That is why the meeting was bipartisan; bipartisan because we needed the support of the Congress, but bipartisan because we needed the leadership of the Members of the Congress in this field.
Fundamentally, it is essential for the American people to be alerted to this danger, to recognize that it is a danger that will not pass with the passing of the war in Vietnam which has brought to our attention the fact that a number of young Americans have become addicts as they serve abroad, whether in Vietnam, or Europe, or other places. Because the problem existed before we became involved in Vietnam; it will continue to exist afterwards. That is why this offensive deals with the problem there, in Europe, but will then go on to deal with the problem throughout America.
One final word with regard to Presidential responsibility in this respect. I very much hesitate always to bring some new responsibility into the White House, because there are so many here, and I believe in delegating those responsibilities to the departments. But I consider this problem so urgent—I also found that it was scattered so much throughout the Government, with so much conflict, without coordination—that it had to be brought into the White House.
Consequently, I have brought Dr. Jaffe into the White House, directly reporting to me, so that we have not only the responsibility, but the authority to see that we wage this offensive effectively and in a coordinated way.
The briefing team will now be ready to answer any questions on the technical details of the program.
Download Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971
Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971 – Google Docs
Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971 Florida Drug Court
Drug Crimes Stories From Google+
In law school and on the street everyone knows that lie detectors are not admissible in court. Wrong!
Lie Detectors in Court are expanding use in Florida again. Some courts are allowing use in testing registered sex offenders & predators as a requirement of sex offender probation and monitoring.
/deception-detection-polygraph-testing-and-lie-detectors-in-federal-courts-at-sentencing/ .
Previously we discussed another federal case here /lie-detector-polygraph-admissible-court/
Can the #police arrest a citizen reporter recording police actions on a city street? What do you think? #CopsGoneWild
https://www.drug2go.com/2011/02/drug-bust-on-video-photographer.html
This guy was driving on I-75 in Alachua County near Gainesville Florida home of the Florida Gators. The cop claimed he had cut off a truck, perform a traffic stop, and then called for a drug dog. This case has the shortest delay I have ever seen in any drug dog case.
https://www.drug2go.com/2018/04/dog-sniff-delay-of-20-minutes-is-too.html
One guy had a hairstyle that was described as being like Popeye with a pipe painted green in his mouth. The cop said that that was consistent with a person who was waiting for a marijuana delivery and detained him. Court ruled even a “pot-smoking sailor hair design” is not enough to save this bust.
https://www.drug2go.com/2018/04/mysterious-marijuana-delivery-from-ups.html
A crew member of a ship claimed he did not know drugs were on board the ship. He was indicted in the Middle District of Florida’s Tampa Division. They indict them all, let the jury sort them out indictment charged many aboard with knowing the ship had drugs on board. This is not a rare claim where smugglers tend to minimize the need to know that 10-100 million dollars of cocaine is on board the vessel. Judge says let them use the polygraph.
Yes.
https://www.drug2go.com/2018/04/drug-conviction-student-financial-aid-FAFSA.html
“I think this is a huge step forward for patients in need of this critical medicine,” Luke Lirot, the attorney who argued the case Dec. 20, said in a statement. #mmj #florida #growyourown #CannabisCommunity
Florida Department of Law Enforcement FDLE Prescription Drug Death Statistics
Total drug-related deaths increased by 22 percent (2,126 more).
5,725 opioid-related deaths were reported, which is a 35 percent increase (1,483 more). The opioids were identified as either the cause of death or merely present in the decedent.
6,658 (24 percent more) individuals died with one or more prescription drugs in their system. The drugs were identified as either the cause of death or
merely present in the decedent. These drugs may have also been mixed with illicit drugs and/or alcohol.
3,550 (40 percent more) individuals died with at least one prescription drug in their system that was identified as the cause of death. These drugs may
have been mixed with other prescription drugs, illicit drugs, and/or alcohol.
https://www.drug2go.com/2010/12/florida-prescription-drug-report-tampa.html
Even the Tampa Bay Times, which prominently displays its Pulitzer Prize tally (12), and is behind such upstanding journalistic institutions as Poynter Institute, compiles them alongside a detailed list of physical attributes — gender, height, weight and so on. The images vanish after 60 days from a section that clocks nearly one million views a month, said the paper’s editor, Neil Brown. While he put the site’s news value at the “lowest possible level,” he said that such eyeball grabbing schemes aren’t unusual. “The slippery slope of being a purist is that there’s all kinds of stuff on news sites all over the county that is there for the interest of the audience,” he said. “I don’t think sanctimony over it is entirely well placed — though I don’t begrudge anyone their sanctimony.”
https://www.themarshallproject.org/2017/06/03/mugged#.NIfiWAtnf
themarshallproject.org
#CopsGoneWild The officer’s alleged trickery was revealed by the fact that his body cam retained footage for 30 seconds before it was activated to begin recording. During that time, according to the footage and the Baltimore public defender’s office, Officer Richard Pinheiro puts a bag of pills in a can in an alley and walks out of the alley.
The Axon cam’s initial 30 seconds of footage, by default, doesn’t have sound. After 30 seconds, viewers of the video can both see and hear the officer looking for drugs in the alley. Lo and behold, he finds them in the same soup can that he placed them in, according to the footage, which was released Wednesday. Pinheiro can then be heard yelling “yo” to his fellow officers, telling them he found drugs in the alley.
washingtonpost.com
news4jax.com
Pasco Marijuana
Another #Florida limit on #marijuanalaws #mmj
Free Legal Advice – Don’t Bring a Taser to a Gunfight at a Growhouse
Growhouse Weekend Score Update
Assault Rifle 2
Taser 0
What happens when you Bring a Taser to a Gunfight?
You lose. Two guys from South Florida planned on breaking into a Tampa grow house using a couple of tasers. The would-be grow house invaders thought they would sneak around to the back and kick in the back door.
https://www.drug2go.com/2016/08/growhouse-gunfight-tampa-florida.html
Bad move: the occupant(s) were waiting locked and loaded.
https://www.drug2go.com/2016/08/constructive-possession-of-drugs-florida.html
https://www.drug2go.com/2016/07/another-florida-drug-dog-sniff-case.html
#dog #dogs #gooddog #baddog
#Oops Video from inside a Winter Haven #LoveFL #Growhouse #cannabiscommunity #cannabislaws #marijuana
https://www.drug2go.com/2016/06/growhouse-busted-in-winter-haven-florida.html
Growhouse Busted in Winter Haven, Florida – Video From the Inside
Probably YES. Another Weed Growing Operation was Raided in a quiet Florida residential neighborhood
https://www.drug2go.com/2016/05/cannabis-growhouse-in-hillsborough-florida.html
#cannabiscommunity, #cannabislaws, #marijuana, #norml
Is there a marijuana grow house in your neighborhood?
Drug Crimes Question Answer 4th Amendment
“Inevitable discovery is a recognized exception to the exclusionary rule and requires the State to establish that “the evidence would have inevitably been discovered in the course of a legitimate investigation.” Moody v. State, 842 So. 2d 754, 759 (Fla. 2003). See also Nix v. Williams, 467 U.S. 431, 444 (1984) (recognizing and adopting the inevitable discovery exception to the exclusionary rule, and holding that the exclusionary rule should not apply if “the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means”).
#PatDown InevitableDiscovery #Abandonment #TrafficStop #4thAmendment, #FourthAmendment #StopFrisk
https://www.drug2go.com/2016/05/what-happens-when-suspect-throws-drugs.html
FREE ADVICE: #DontDontDoThis “Who’s in Sarasota and has weed?” Sarasota police quickly responded with a tweet of their own: “If you’d like to stop by our headquarters, our narcotics detectives would be more than happy to talk.”
https://www.fox13news.com/news/local-news/139621761-story
#CannabisCommunity #CannabisLaws #Weed
WHOS IN SARASOTA FLORIDA AND HAS WEED #Sarasota
— Fly Shit Only (@preznixon16) May 8, 2016
Tweet looking for drugs answered by Sarasota police
rollingstone.com
#MickeyMouse joins the ranks.
https://www.drug2go.com/2016/05/florida-marijuana-decriminalization.html
#BreakingNews Weedman has been arrested again on marijuana charges after law enforcement raided his restaurant and cannabis temple.
#WeedMan #CannabisLaws #CannabisCommunity
St Petersburg, Florida is next in line to decriminalize cannabis.
https://www.drug2go.com/2016/04/StPetersburg-Marijuana-Citation-Cannabis-Attorney.html
This is the 11th on the list of over 1500 ways to land in Tampa, Florida’s Hillsborough County Jail. Possession of a Controlled Substance is a Third Degree Felony that can be punished by 5 years in the Florida State Prison. Here is a summary of the rather obscure names for drugs under the Florida Controlled Substances laws. We call it our Florida Drug Name Online Dictionary. https://www.drug2go.com/p/drug-dictionary.html
https://www.drug2go.com/2010/09/drug9101-possession-of-controlled.html
What happens in a typical Constructive of Possession of Cocaine Case in Florida?
The conviction of one of multiple occupants of a vehicle was reversed, even though “this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with . . . innocence.”
https://www.drug2go.com/2016/02/constructive-possession-cocaine-Tampa-Florida.html
How to make a living as a chemist. #Fentanyl “is one of the most potent opiates in human history — 100 times more powerful than morphine, and 50 times stronger than heroin alone. It is now flooding the streets as an addictive recreational drug, adding a terrifying turn to the worst narcotics epidemic in American history.” #WW #WalterWhite #BreakingBad #HomeTalkTuesday
https://interactive.fusion.net/death-by-fentanyl/the-walter-white-of-wichita.html
Just completed an interesting afternoon with a doctor in seminar on drugs and testing and impairment of drivers.
Treasure Island, Florida has become a hotbed of the methamphetamine world. So while on patrol, a cop saw an open door with mail on the floor near the mail slot. The decision was made to enter the home and make sure everyone was alright. Of course, while there, why not search the house and find some meth. Court says adios to this one.
https://www.drug2go.com/2016/01/methamphetamine-case-tossed-open-door.html
Methamphetamine Case Tossed – Open Door and the Community Caretaker Function
Many of the Top 10 ways to go to jail in Tampa, Florida are drug crimes. By the way there are 1656 ways to end up in the Hillsborough County Jail.
A Hillsborough County business has challenged the issuance of medical marijuana nursery licenses in Florida. #CannabisCommunity
https://www.drug2go.com/2015/12/medical-marijuana-dispense-grow.html
Can a lawyer advise a client about Medical Marijuana without Violating Bar Rules?
https://www.drug2go.com/2014/06/medical-marijuana-legal-advice-can.html
#HowTo #CannabisCommunity
“We therefore approve the proposed amendment and Financial Impact Statement for placement on the ballot.” said Florida’s Highest Court.
https://www.drug2go.com/2015/12/medical-marijuana–florida-ballot-in.html
Intervention and a second chance seems to be a more productive solution than parading them through jail and saddling them with arrest records. #cannabiscommunity
https://www.tampabay.com/news/localgovernment/romano-citations-for-pot-dont-just-stop-there/2258089
Marijuana
Get a warrant, copper. Even though Bail Bondsman Opened a Grow Room Door and then Called the Cops.
https://www.drug2go.com/2015/12/search-warrant-growhouse-florida.html
How to Beat a Drug Dog Search? What Does the Supreme Court say about Threats of a Drug Dog Search? Traffic cops and sometimes other law enforcement try to scare citizens by threatening to call in a dog, if they do not consent to a search.
https://www.drug2go.com/2015/12/how-to-beat-drug-dog-search.html
Drug Sniffing Dog Accuracy How accurate must a drug sniffing dog be? Courts have frequently addressed drug dogs and drug dog training to evaluate whether the indication of drugs during a walk-around is sufficient to justify a complete search. Some Judges have expressed concern, but convictions are supported even where, “overall accuracy rate in the field (i.e., the number of times he alerts and his human handler finds drugs) is not much better than a coin flip (59.5%).
https://www.drug2go.com/2015/12/drug-sniffing-dog-accuracy-update.html
Appeals court ruled that the defendant’s actions in answering questions and producing bag of marijuana for officers were not voluntary.
https://www.drug2go.com/2015/12/tampa-marijuana-attorney-motion-to.html
To avoid a conviction in the Drug Court system someone must:
1. Not have a prior felony conviction in the State of Florida or any other location;
2. Agree they have a substance abuse and or addiction problem;
3. Be able to comply with the programs requirements & rules;
4. Have your own transportation in order to attend your appointments
5. Be approved by the State Attorney’s Office, the Department of Corrections, Drug Pre-Trial Intervention and DACCO (treatment agency)
Drug Court Pre Trial Intervention in Florida
Florida just announced the first five licensed marijuana growers in Florida. Here is the list . . .
https://www.drug2go.com/2015/11/marijuana-growers-in-florida.html
Marijuana Growers Florida
Drug Book Cover
Working on first author’s proof for first publication. Drug Crimes Book is nearing completion. Here is a draft of the Table of Contents.
Drug Crimes: The People’s Guide to Fighting Like an Expert
TABLE OF CONTENTS
Introduction: Do You Need a Drug Crimes Defense Lawyer? 6
Vehicle Seizures and Forfeitures 7
Anonymous Tips 7
Traffic Stop by Non Law Enforcement 17
Video Recording of Police Encounters 19
Failure to Follow Proper Procedures 20
The Arrest 21
Targeting Neighborhoods 21
The Field Test for Drugs 21
What About Miranda Rights? 21
Witnesses Required For Court 26
Presumptive Field Testing of Drugs 26
The Driver’s License 27
Florida Drug Crimes License Suspension 27
Summary of Florida Drug Crimes License Suspension Laws 28
Consequences of a Drug Conviction 30
The Court 32
Florida Standard Jury Instruction for Possession and Trafficking in Drugs 32
Jury Trial Victories 33
Acquittal of a Drug Charges 33
The Impact of a Drug Crimes Conviction 36
Vehicle Impounded 36
First Time Drug Crime Penalties 38
Second Time Drug Crime Penalties 39
How to Go to Jail 39
Third time Drug Crime Penalties 40
How to Get a Felony Drug Crime Conviction 40
Drug Court and Avoiding a Conviction 40
Notes 41
Good news for veterans in trouble in Tampa.
Veterans Treatment Court VTC in Hillsborough County, FL
Help is available to prepare for disciplinary proceedings. In fact I just spent a day helping a student. Initially, the University does not allow counsel to appear, but we still can help prepare a strategy. The deadlines to respond to these proceedings are tight. The criminal charges that cause the University to take action may not even have been filed.
Transcript of Video: There are two things to address when you’re charged with a crime and you are a student at a university. The first thing that must be addressed is the student Honor Court. Some schools proceed against students, even though the events did not occur on campus. Obviously, the criminal case will go forward in the courts in the jurisdiction where you’re arrest occurred. Both of those must be addressed. We usually help our clients prepare for the honor court hearing. Some schools will expel students for criminal violations that occurred on or off campus.
You have been charged with a violation of University policy. During your scheduled pre-hearing, you will receive a copy of the Incident Report Form which describes the alleged violation(s). We would recommend you review the relevant articles of the code of conduct outlined below. . . .
This interview is mandatory whether you plan to state that you are responsible or not responsible for the violation. Failure to attend the schedule appointment will result in an automatic $50 fine and will be considered an indication that (a) you do not wish the benefit of a hearing, (b) you are responsible for all charges, and (c) you will accept sanctions as imposed by the hearing officer. Students who miss their appointments without prior notice will not be rescheduled.
During this interview, you will be advised of the disciplinary process. If the report is accurate and you take responsibility for your actions, your case will not go before a student conduct board unless the hearing officer deems it necessary. If you believe you are not responsible for the violation or if a hearing officer believes it is necessary for you to appear before a student conduct board, s/he will schedule your hearing for the next available date.
Prior to your pre-hearing, please review the student rights and responsibilities found at www.ut.edu/studentconduct.
Fake ID’s are a concern of the University of Tampa, whether they are used on or off campus.
Here is an excerpt from the University’s rules:
ARTICLE 5 – IDENTIFICATION
A. All students are expected to correctly identify themselves at all times and present this information courteously upon request by a University official or by a law enforcement officer.
B. A University I.D. card is to be used only by its owner. This card may not be loaned, sold, fabricated, altered or transferred.
C. The possession, use, manufacture or sale of falsified government issued or altered identification cards are strictly prohibited. The state of Florida considers the possession and use of fake identification cards as felony offenses.
Criminal Defense Attorney helping a student at the University of Tampa in Tampa Florida near downtown Tampa on Google+ .
Here are a few tips to avoid becoming the next sleeping driver with a DUI in Florida.
As the holiday travel season approaches, in Florida many people will be taking long trips by car. Some drivers may have had a bit to drink and be in actual physical control of their car. Is it safe to pull over and take a nap? That depends. If you have been drinking and have alcohol on your breath, it is likely that police may try to push the limits and arrest you. Even if you are a sleeping driver, not driving on the road, cops can bust you for being in Actual Physical Control of a Car while impaired or DUI.
“The firetruck’s air horn sounded and [the driver] rolled down his window, allowing [the officer] to smell the odor of alcohol emitting from him.”
Sleeping Driver DUI Actual Physical Control
Typically, the police will try to get you to roll down the windows and see if they smell the odor of alcohol emanating from your breath. While the police do have the opportunity to check on your welfare, they do not have the right to order you from the vehicle when they have not observed a violation of the law. I have found a recent court order where the judge ruled the police did not have the right to force someone to open the window of their vehicle after the police observed the driver sleeping.
The driver “was not obligated to roll down his window and acknowledge the officer.”
In one recent case, the officer observed a vehicle parked in a parking lot. The officer approached the vehicle to check on the driver’s welfare. Once the driver woke-up and responded,
and even though the driver was in actual physical control of the vehicle with the officer tapping on the window, the officer can not demand the driver to ultimately have the window of the car opened.
First responders used the loud horns of an ambulance to arouse the driver and when the driver opened the window in response to the ruckus. “[T]he firetruck’s air horn has sounded and [the driver] rolled down his window, allowing [the officer] to smell the odor of alcohol emitting from him.” The Court ruled that the officer had violated the Fourth Amendment since there was no reasonable suspicion of criminal activity. The driver “was not obligated to roll down his window and acknowledge the officer.”
Online Reference: FLWSUPP 2607BROW
STATE OF FLORIDA, Plaintiff, v. DONTAY DEJUAN BROWN, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2017-CT-053213-AXXX-XX. May 8, 2018. Michelle V. Baker, Judge. Counsel: Annabelle Chambers, Office of the State Attorney, Titusville, for Plaintiff. Joel Leppard and Joe Easton, Leppard Law, Orlando, for Defendant.
ORDER GRANTING DEFENDANT’S AMENDED MOTION TO SUPPRESS
THIS CAUSE came before the Court upon Defendant, Dontay Dejuan Brown’s Amended Motion to Suppress, filed on January 23, 2018 and heard on March 16, 2018. Having considered the Motion, evidence presented, and argument of counsel, the Court finds the following:
On December 2, 2017, at approximately 7:00 a.m., the Titusville Police Department was contacted about an individual who was slumped over the steering wheel of an automobile that was parked in the Krystal’s parking lot. Titusville Police Officer Mark Fourtney responded to the location and observed the automobile, which was still running. The officer testified that there was no indication of any criminal activity and that he was there for a welfare check.
Officer Fourtney testified that he tapped on the window and the individual, later identified as Mr. Brown, raised his head slightly and rotated his body away from the window. Officer Fourtney continued to tap on the window. Meanwhile, the Titusville Fire Department, which had also been dispatched to the scene, arrived. Officer Fourtney stated that “the male is waking up but won’t open the door for me.” Thereafter, the firetruck’s air horn was sounded and Mr. Brown rolled down his window, allowing Officer Fourtney to smell the odor of alcohol emitting from him.
Mr. Brown argues that there was no need for a welfare check. The Court finds that the welfare check was permissible to the extent that Officer Fourtney was allowed to alleviate any concern’s he might have for the driver’s health. It is clear from Officer Fourtney’s testimony that there was nothing about the way or where the vehicle was parked that would indicate that there was anything wrong with the driver. The driver was slumped over the steering wheel, apparently asleep, and responded to the window taps by moving his body away from the noise. There was nothing about Mr. Brown’s behavior that indicated that he was incoherent.
The two men did not engage in conversation at that time. Mr. Brown was also responsive, albeit not in the manner that Officer Fourtney desired. As part of a consensual encounter, Mr. Brown was not obligated to roll down his window and acknowledge the officer. Officer Fourtney’s persistence, although not verbal, in demanding Mr. Brown’s attention, after it was apparent that the Defendant was simply sleeping, runs afoul of Danielewicz v. State, 730 So. 2d 363 (Fla. 2d DCA 1999) [24 Fla. L. Weekly D793a] and Greider v. State, 977 So. 2d 789 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D949b].
Contrary to the State’s assertion, this case is not factually similar to Dermio v. State, 112 So. 3d 551 (Fla. 2d DCA 2013) [38 Fla. L. Weekly D776a]. Dermio involved an individual who was found with his head “cocked to the left side and had a cell phone lodged between his shoulder and cheek.” Id. at 553. Further, the Defendant woke up but seemed “really out of it.” Id. Thus, the deputy had a continuing concern for Dermio’s safety. Id. Officer Fourtney’s community caretaker duty was satisfied when the Defendant simply rolled away from the noise. There was no other evidence observed by the officer that Mr. Brown was ill. Thereafter, the officer was proceeding with an investigation which was not based upon a reasonable suspicion of criminal activity.
Accordingly, it is
ORDERED AND ADJUDGED that the Defendant’s Amended Motion to Suppress is hereby GRANTED.
316.193 Driving under the influence; penalties.—
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Street Racing
Street Racing “the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other”
In light of the tragedy that occurred in Tampa as reported by the Saint Petersburg Times, We will review the history of street racing and law enforcement in Tampa Bay. Two drivers and a passenger face criminal street racing and homicide charges for killing a mother who was pushing her baby across the street.
Of the 130 ways you can go to jail for Criminal Traffic charges in Tampa, unlawful racing on the highway is one of them. Some jurisdictions have destroyed race cars used in street races and one Court in Florida has even chosen to declare the drag racing statute unconstitutional.
Drag racing on Gandy Boulevard, specifically on the bridge has been a Troublesome area for law enforcement in Tampa. Racers gather at 4th Street in Pinellas County and Stage there street races on Gandy Boulevard. When the racers exit the bridge they are in Hillsborough County and police attempt to stop cars involved in allegations of drag racing.
Prison for street racing has been imposed by courts in Tampa where a death has been involved. Sometimes police who do not witness the actual crash used video cameras from surrounding buildings to reconstruct what has occurred.
The Courtney Campbell Parkway has been the site of Street Racing incidents in the past years.
Usually police impose charges for misdemeanor racing. Those charges can result in an arrest and we have provided the racing statute Below in its entirety. Police have even given parking tickets to spectators for watching street racing.
The essence of a drag race is a competitive attempt to outdistance another vehicle. Sometimes that is difficult to prove. The police must establish that in fact what was underway what was a race. There is no requirement rent there is no requirement for a predetermined course just that the court or jury can reasonably interpret the driving event to be a race.
Spectators Can also be charged since it is an affirmative choice to attend or participate in the race. Courts are to look at the relationship between the race driver and the individual. Gambling or betting on the outcome of a race can be used to establish That a spectator was criminally involved in a race.
Vehicles used in street races can be forfeited by the state if the driver has been convicted within the past 5 years for street racing.
There are 130 ways to go to jail for traffic charges in Tampa. https://dui2go.com/130-ways-to-go-to-jail-in-traffic-court-florida-criminal-traffic-charges-complete-list/
Florida and California have seizure laws for street race cars. When the whoosh went out of the tires the street racer sighed, as glass exploded and rained down it all became real – the cops had crushed his car. The destruction was part of a smackdown on illegal street racing in Southern California. Cops crushed six race cars. A 350-horsepower 4 cylinder engine on which the racer spent at least $10,000 to get into top shape. The car would top out at 160 mph, the racer said, swearing it could beat a Corvette or even a Ferrari.
Catching Street Racers just got a little tougher. Cops lost a valuable tool in the war on wheels. The street racing statute is unconstitutional according to the Fourth District Court of Appeals.
The court cleared a Broward teen who was driving 130 mph in a 65 mph zone. Officers couldn’t determine who was racing, and who was just passing another car that was also speeding. “You could have two people driving down the turnpike next to each other at the same rate of speed, and based on the way the statute is written, this is what the court said, that they both could be charged with drag racing,” says Elizabeth Parker with the State Attorney’s office.
70-people have been busted for drag racing in Palm Beach County in the last year. The penalties are harsh – Up to a year in jail and an automatic license suspension.
Living around the Fourth Street/Gandy area is a drag for residents who adore peace and quiet. Drag racing in the area has been going on forever. Someone recently wrote the Saint Petersburg Times, “This stretch of road, from the Gandy/Roosevelt/Fourth Street intersection down to the Howard Frankland Bridge turnoff, has become a speedway. My safety concern is not only personal, but for the numerous families with children who live in the area.”
Cars regularly reach speeds well over 80 mph on Fourth Street N and drag racing on the weekends that starts on Friday and Saturday nights about midnight and goes until 2 or 3 a.m. “Cars with amplified motors and mufflers meet near the 7-Eleven at 115th Avenue and Fourth Street and drag race down the stretch of road and turn around at the last U-turn before the Gandy bridge. They often use the 7-Eleven as a turnaround as well,” a witness said.
The Pinellas County Sheriff”s Office said law enforcement is stymied by an organized underground group determined to break the law and evade police. One Deputy said, “Part of what makes it difficult is that the racers use the same technology we have. They use lookouts and radios and cell phones to communicate . . . We have undercover people in the crowd with cameras, documenting the crowds that gather there and we sometimes catch the spectators and have issued citations, but the citations have been dismissed by traffic court judges.”
Tampa Criminal Defense Attorney notes in a case where someone else was the defense attorney – Street racing in a Nissan 350Z, plus death of a bystander, plus a jury conviction equals vehicular homicide, reckless driving and unlawful racing, plus at least 15 years in prison.
As for the other racer – leaving the scene of the accident, plus testimony at the 350Z trial (to avoid a 30-year sentence) equals three years in prison.
The bystanders were making a U-turn when the 350Z slammed into them, according to published reports. Traffic Homicide investigators estimated speed at over 100 in a 45 mph zone. The defensee argued that what happened was nothing but a tragic accident. In a twist, the St Pete Times reported that “Prosecutors used video surveillance from a carwash . . . that captured the two cars racing.”
Source: https://www.tampabay.com/news/courts/criminal/street-racer-found-guilty-in-83-year-old-womans-death/1044011
Tampa Traffic Lawyer notes an area cops cracked down on street racers and fans along Fourth Street N. Everyone began a dash for their cars when cops came down the I-275 interstate ramp. Cops blocked off the street to prevent escaping to I-275 or Gandy Blvd. Another target for traffic law enforcement is the Courtney Campbell Parkway.
The stretch of Fourth from I-275 to the Inlet Bay at Gateway apartment complex is flat and straight, four lanes surrounded by nothing but grass and water.
Earlier officers have arrested four people on misdemeanor racing charges. Cops videotaped license plates of racers and fans alike. A few days later, 130 drivers got $30 parking tickets in the mail. It’s now clear that fans are targets too. A $151 ticket and three points can be placed against a driver’s license. According to the media, the last ticket was written at 4:40 a.m. 31/2 hours, 221 citations, and a DUI arrest.
Source: https://www.tampabay.com/news/publicsafety/crime/article1012528.ece
Definitions of Street Racing in Florida:
(a) “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
(b) “Drag race” means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.
(c) “Race” means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted as a challenge to race.
(d) “Spectator” means any person who is knowingly present at and views a drag race, when such presence is the result of an affirmative choice to attend or participate in the race. For purposes of determining whether or not an individual is a spectator, finders of fact shall consider the relationship between the racer and the individual, evidence of gambling or betting on the outcome of the race, and any other factor that would tend to show knowing attendance or participation.
(2)(a) A person may not:
1. Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot;
2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;
3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or
4. Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition.
Penalties Under Florida Law
Any person who violates any provision of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of this paragraph shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.
(b) Any person who violates paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $500 and not more than $1,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271.
(c) In any case charging a violation of paragraph (a), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for violation of paragraph (a) have occurred within 5 years prior to the charged offense.
(3)(a) A person may not be a spectator at any drag race prohibited under subsection (2).
(b) A person who violates the provisions of paragraph (a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
(4) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the motor vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the motor vehicle.
(a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the motor vehicle.
(b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is leased or rented, by the person leasing or renting the motor vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.
(c) Any motor vehicle used in violation of subsection (2) may be impounded for a period of 30 business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or coowner of the motor vehicle. If the arresting officer finds that the criteria of this paragraph are met, the officer may immediately impound the motor vehicle. The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment for violation of this subsection in accordance with procedures established by the department. The provisions of paragraphs (a) and (b) shall be applicable to such impoundment.
(5) Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This subsection shall only be applicable if the owner of the motor vehicle is the person charged with violation of subsection (2).
(6) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes.
Cops Crush Street Racer Cars
Jun 21, 2007
When the whoosh went out of the tires the street racer sighed, as glass exploded and rained down it all became real – the cops had crushed his car. The destruction was part of a smackdown on illegal street racing …
Tampa Street Racers and Spectators Need Lawyer
Tampa StPetersburg Pinellas Hillsborough Street Racing Tampa Traffic Attorney, Lawyer notes that area cops cracked down on street racers and fans along Fourth Street N. Everyone began a dash for their cars when cops came down the I-275 …
Racing on Gandy Boulevard
Living around the Fourth Street/Gandy area is a drag for residents who adore peace and quiet. Drag racing in the area has been going on forever. Someone recently wrote the Saint Petersburg Times, “This stretch of road, …
Street Racing Attorney Lawyer
Ticket Quotas are used in Florida.
Hillsborough County Florida Traffic Ticket Quotas Arrest Award
The short answer is “No.” Traffic Ticket Quotas are illegal. The Florida Statute specifically forbids these contests. Florida Statute 316.640(8)(b) (2017) states: “A traffic enforcement agency may not establish a traffic citation quota.” The issue turns on the question: “What is a quota?” A quota is a quantity, in this case the number of citations issued. There are several agencies that are competing for prizes in Driving Under the Influence contests where vehicles, body-cameras, and other law enforcement tools can be won, if certain goals are met. This may be a contest, but law enforcement consistently takes the position that these do not violate the law.
The Florida traffic law was passed in 2015. the law is called the “Waldo Bill.” The new provision is named after Waldo, Florida, a notorious speed trap between Gainesville and Jacksonville. “As of October 1, 2014 the town’s police force has been disbanded.” says the Wikimachine. When caught, here is what the Florida cops had to say about the latest traffic ticket shenanigans:
More ticket quota evidence includes offering days off to law enforcement officers that met their goals. Apparently, a supervisor wanted 2 tickets per hour and “1.3 tickets per hour was not good enough.” We have been covering arrest quotas and contests by cops in Florida for years. We have uncovered the rules of the contest and posted them here. Up until this week’s breaking news from the Saint Petersburg Times, we thought the gamifying of law enforcement was limited to DUI arrests. Now we know that is not so. Police have targets that one, soon-to-be former, Florida Highway Patrol Trooper was encouraging- – hourly targets and giving prime weekend time off to those who met the illegal goals of the department. So, unless you have a Stay Out of Jail Card, watch out for gamesmanship by law enforcement.
I have spent quite a bit of time in court defending people charged with a variety of traffic offenses. One of the most offensive things I have seen was this luxury SUV that was a trophy in a contest to see how many people could be arrested for driving while impaired, among other things.
This vehicle was parked right outside of the Hillsborough County Courthouse in Tampa Florida. Apparently, the vehicle is equipped with a sophisticated video system and a mobile breath testing machine. Florida law prohibits quotas for issuing traffic tickets. The cops were just caught.
These kinds of incentives given to law enforcement can encourage otherwise decent and law-abiding police officers to violate the law. Maybe they need a weekend off. Maybe they think winning a car for their agency will look good in their personnel file. Maybe they think the prosecutor will reduce the charge from DUI to some lesser charge. Nevertheless, these awards are given for the issuance of citations or the arrests of citizens. No one seems to care to remove these entries on their permanent records when they are ultimately cleared of the charges or negotiate a plea to a lesser charge. Many first-time DUI offenders are never even convicted of DUI.
Since 2009, I have been following this area closely. The stories that are linked below cover in detail the policies and procedures that have been used by police to take advantage of programs to acquire more assets for law enforcement.
The Hillsborough County Sheriff won an SUV. The vehicle is marked with a championship logo and other markings establishing that the sheriff had won a contest to enforce DUI laws. DUI prosecutions are begun with a traffic ticket and issues about whether or not these are quotas should be asked. The cop who wrote a memo documenting the quota has resigned. Fox has reported, “A top official with the Florida Highway Patrol who told troopers they aren’t writing enough speeding tickets is resigning from his job.” Here is some video on the illegal ticket game.
Arrest Contest and Traffic Ticket Quotas – History in Florida
www.dui2go.com/2014/09/florida-dui-arrest-contest-costs-1720000.html
Sep 24, 2015 – As a Georgia Lawyer noted, when contests and quotas are in play, some police agencies keep their eyes on the prize. In that case , there is …
Florida Traffic Ticket Arrest Quota Award
www.dui2go.com/2014/04/florida-dui-arrest-contest-winners.html
Apr 8, 2014 – Driving under the influence Arrest Contest … it appears that citizens’ arrests are prizes in this despicable contest.
www.dui2go.com/2011/12/dui-arrest-contest-rules-and-prizes.html
Dec 15, 2011 – Attorney on Florida’s West Coast just uncovered the “rules” for a recent Arrest Contest. The awards are characterized as …
Hillsborough County Florida Traffic Ticket Arrest Quota Award
www.dui2go.com/2010/10/dui-arrest-contests-continue.html
www.dui2go.com/2012/03/video-dui-arrest-contest-trooper-tasers.html
Mar 30, 2012 – 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 …
Traffic Ticket Arrest Quota Award
www.dui2go.com/2016/01/tampa-florida-dui-lawyer-continues-to.html
Jan 9, 2016 – Attorney on Florida’s West Coast just uncovered the “rules” for a recent Arrest Contest. The awards are characterized as DUI …
Feb 25, 2011 – More Arrest Contest News. Defense Attorney Observes: As we continue to tally the awards given to police officers who arrest drivers, …
Aug 8, 2011 – Attorney noticed this was parked outside of the Hillsborough County Courthouse in Tampa, Florida this morning. This is an …
www.dui2go.com/2009/06/florida-dui-arrest-contest-winners.html
Apr 21, 2011 – DUI Defense Attorney notes that Pasco DUI cops are continuing their efforts to win DUI arrest contests. Florida Highway Patrol spokesman for …
