Florida DUI Jury Instructions

Tampa Florida DUI Jury Instructions

Tampa Florida DUI Jury Instructions

DUI Jury Instructions Overview

Jury instructions in a Florida DUI (Driving Under the Influence) case are the legal guidelines provided by the judge to the jury before they deliberate and reach a verdict. These instructions are meant to clarify the law and help the jury apply it to the specific facts of the case. Keep in mind that jury instructions may vary depending on the jurisdiction and the specific circumstances of the case, but here is a general overview of the types of instructions that might be given in a DUI trial:

1. Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.

2. Elements of the Offense: The judge will explain the elements of the DUI offense that the prosecution must prove. This typically includes proving that the defendant was operating a motor vehicle while under the influence of alcohol or drugs.

3. Standard of Proof: The judge will explain that the burden of proof rests with the prosecution, and they must prove the defendant’s guilt beyond a reasonable doubt, which is a high standard of proof.

4. Impartiality: The jury will be instructed to remain impartial and not let any personal biases or prejudices influence their decision.

5. Evaluating Evidence: Instructions will be given on how to evaluate and consider the evidence presented during the trial, including testimony, documents, and physical evidence.

6. Expert Witnesses: If expert witnesses were called, the judge may provide instructions on how to consider their testimony.

7. Field Sobriety Tests: If relevant, the judge may instruct the jury on the various field sobriety tests used by law enforcement and how they should weigh the results.

8. Chemical Tests: Instructions may cover the use of chemical tests, such as breathalyzer or blood tests, and how to consider the results.

9. Reasonable Doubt: The judge will explain the concept of reasonable doubt and emphasize that if the jury has any reasonable doubt about the defendant’s guilt, they must acquit.

10. Deliberation: Instructions will be provided on how the jury should conduct deliberations, including the need for unanimous agreement on a verdict.

11. Verdict Options: The jury will be informed about the possible verdict options, which typically include guilty, not guilty, or in some cases, a lesser offense like reckless driving.

12. Jury Questions: The judge may instruct the jury on how to communicate with the court if they have questions during deliberations.

It’s important to note that these instructions can vary by jurisdiction and the specific charges involved in the DUI case. Jurors are expected to follow these instructions carefully to ensure a fair and just verdict based on the evidence presented during the trial.


Driving under the Influence Causing Property Damage / Injury? Call 813-222-2220


Florida Standard Jury Instructions

Overview

In Florida, judges provide crucial instructions provided to juries when a DUI incident involves a crash or injury. These instructions serve as the legal roadmap for jurors, ensuring a fair and just trial. Jurors are guided through essential elements of the offense, such as the defendant’s impairment level, blood-alcohol concentration, and whether they caused property damage or injury. The instructions emphasize the presumption of innocence, the high burden of proof placed on the prosecution, and the need for impartiality in deliberations. Moreover, jurors are educated on key definitions, including the concept of “normal faculties” and “actual physical control” of a vehicle. In cases of inoperability, the defense is outlined, emphasizing that inoperability can be a valid defense if proven. These comprehensive instructions are vital in safeguarding the rights and fairness of DUI trials in Florida.


Official Florida DUI Standard Jury Instructions

§ 316.193(3)(a)(b)(c)1, Fla. Stat.

To prove the crime of Driving under the Influence Causing [Property Damage] [Injury], the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle, (defendant)

Give 2a or b or both as applicable.

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.

b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

3. As a result of operating the vehicle, (defendant) caused or contributed to causing [damage to the property of (victim)] [injury to the person of (victim)].

Give if applicable. (Offenses committed prior to October 1, 2008, alcohol level of .20 or higher.)
If you find the defendant guilty of Driving under the Influence Causing [Property Damage] [Injury], you must also determine whether the State has proven beyond a reasonable doubt whether:

a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle.

b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence.


Definitions. Give as applicable.

Vehicle is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.

Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.

Alcoholic beverages are considered to be substances of any kind and description which contain alcohol.

( ) is a controlled substance under Florida law. Ch. 893,
Fla. Stat.

( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat.


When appropriate, give one or more of the following instructions on the presumptions of impairment established by § 316.1934(2)(a), (2)(b), and (2)(c), Fla. Stat.

1. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; but this presumption may be overcome by other evidence demonstrating that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

2. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level in excess of .05 but less than .08, that fact does not give rise to any presumption that the defendant was or was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. In such cases, you may consider that evidence along with other evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

3. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.


Defense of inoperability; give if applicable.

It is a defense to the charge of Driving under the Influence Causing [Property Damage] [Injury] if at the time of the alleged offense, the vehicle was inoperable. However, it is not a defense if the defendant was driving under the influence before the vehicle became inoperable. Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty, if all the other elements of the charge have been proved beyond a reasonable doubt.

Criminal Defense – Florida Employee Drug Testing Unconstitutional

Employee Drug Testing, Drug Testing, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer

Employee Drug Testing, Drug Testing

Drug Charge Defense 813-222-2220

Employee Drug Testing Unconstitutional


Criminal Defense Attorney has just obtained the full text of a Florida Federal District Court ruling on employee drug testing. The court found where there is no legitimate safety concern, drug testing without probable cause violated the Fourth Amendment.

Case Excerpt:

Great news for Employees subjected to Florida Employee Drug Testing  – Unconstitutional Court says, “The [employee’s] Union here asks for a permanent injunction, which requires three elements: 1) there was a legal violation; (2) there is a serious risk of continuing irreparable injury if an injunction is not granted; and (3) there are no adequate remedies at law. (citation omitted). Here, the Court finds that the EO [Executive Order 11-58], as applied to current employees at the covered agencies, is violative of the Fourth Amendment, and that these employees will suffer irreparable harm if subjected to it.” Defense Attorney Courtesy Copy of Complete Employee Drug Testing Opinion is here.


Drug Testing Problem? Call Casey at 813-222-2220 .


 

Criminal Defense for University of South Florida Students and Faculty


Criminal Defense for USF Campus Students, Visitors, and Faculty


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


 

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

USF Criminal Defense, Authority and Jurisdiction of the USF System

USF Student Code of Conduct


Discipline for Off Campus Activity


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



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Discipline For Non Arrest Events


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

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

 

Law Office of W.F. ”Casey” Ebsary Jr

Criminal justice attorney in Tampa, Florida
Address2102 W Cleveland St, Tampa, FL 33606
Hours

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