Informative CLE on How to Choose a DUI Attorney in Miami!

I totally agree with the YouTube comment that this video provides "great information."

Sheesh, is it Friday yet?

Arrest Update - Gasparilla BUI - Attorney Lawyer Video - Possession of Alcohol Under 21

BUI BOAT 3054 Attorney Gasparilla Arrest
Possession of Alcohol Under 21 
MISC0112  

Tampa Criminal Defense BUI DUI Attorney will be providing live Arrest Reports we will not be using names, but only the charges made, the time and location of the Gasparilla Arrests (Click Here for Mobile Version) from the Gasparilla Pirate Fest. We will have video and updates throughout the day. We will be monitoring several sources including the Hillsborough County Jail on Orient Road near Tampa Florida.


Boating Under the Influence Penalties for BOAT 3054 BUI Boating Under the Influence include jail time, fines up to $500.00 for 1st offenses, up to $1,000 for 2nd offenses, and completion of drug and/or  alcohol rehabilitation programs. 3rd or 4th convictions of BUI are often charged with a felony instead of a misdemeanor.

Possession of Alcohol Under 21 MISC0112 was the most frequent charge for Gasparilla 2012 Arrests. It appears there were far fewer arrests this year than last year's 359 arrests. Fox Tampa Bay reports, "Over 200 open container citations were issued and only 16 adults were arrested – 14 of those were misdemeanor charges." These numbers are consistent with our reporter's investigation and other sources we monitored.



Criminal Defense Attorney Needed?  


Call 813-222-2220 .

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

Orient Road Jail Hillsborough County, Florida near Tampa

Hourly Arrest Updates


11 pm Arrest Update

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


10 pm Arrest Update


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

9 pm Arrest Update


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



8 pm Gasparilla Arrest Update


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

7 pm Gasparilla Arrest Update

BUI Garrison Channel 4:09 pm

6 pm Gasparilla Arrest Update

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

5 pm Arrest Update


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

4 pm Gasparilla Arrest Update

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

3 pm Gasparilla Arrest Update

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

2 pm Gasparilla Arrest Update

All quiet at the Hillsborough County Jail

1 pm Gasparilla Arrest Update

All quiet on the Bayfront

Noon Gasparilla Arrest Update

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

11 am Arrest Update

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

Latitude 27.947500° N
Longitude 82.458611° W

Possession of Alcohol Under 21

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

Latitude	27.947500° N
Longitude	82.458611° W

Gasparilla Zero Tolerance Policy includes:

Must be 21 or older to consume alcohol

No trespassing on private property

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

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


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

Mobile Site Updates

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

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

In 2010 there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff's Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests made on the water. See video at bottom of this article. Many of these charges listed below are criminal charges that can result in a permanent criminal record

Common Charges From The Gasparilla Weekend.

Possession Open Container

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

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

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

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

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

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

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

Tampa Open Container Ordinance Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.

(a)It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.

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

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

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

(c)Subsections (a) and (b) do not apply when:

(1)The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code; or

(2)A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or

(3)Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law; or

(4)A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.

(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2007-19, § 2, 2-1-07)

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

Possess Alcohol Under 21 

If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.

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

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

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

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

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

Common Charges From The Gasparilla Weekend.

DUI Driving Under Influence

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

Form Code: TRAF1012

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

Description: DRIVING UNDER THE INFLUENCE

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.193 Driving under the influence; penalties.

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

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

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

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

Common Charges From The Gasparilla Weekend.

DUI Over .08

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

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

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

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.193 Driving under the influence; penalties.

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

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

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

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

Police Will Also Be on the Lookout For:

Open Containers Permitted Only Along The Parade Route - In Designated Areas

Must Be 21 Or Older To Consume Alcohol

Alcohol May Not Be Consumed From Kegs Or Large Vessels

No Glass Permitted

Use Port-O-Lets Or Other Restroom Facilities

No Fighting

No Trespassing On Private Property 

No Flashing Or Nudity For Beads

Common Charges From The Gasparilla Weekend.

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


Chapter 901 ARRESTS

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

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

BUI Video 

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

No Refusal DUI Checkpoints?

Florida Statutes 316.1933 and 316.1932 allow blood draws to be used only in a limited number of scenarios: either there has been serious bodily injury, a fatality, or the person from whom blood is to be drawn appears in a medical facility for treatment and a breath test is impractical. Consensual blood tests are of course always permitted... but we would hope that in this day and age no one would willingly agree to one.

A blood draw is only supposed to be requested when one of the above statutorily prescribed circumstances exists. When the circumstances are not present, the legislature provided for the use of breath tests/urine tests. None of this apparently matters any more, however, in light of Florida’s new “No Refusal DUI Checkpoints.” Now if you refuse a breath test during a traffic stop and a judge happens to be on site and issues a warrant, police can perform a mandatory blood test.

Huh?

Judges are supposed to be neutral like game referees; they have no right to make their own laws or help police in the enforcement of the statutes. Since when do judges have the power to act in concert with law enforcement? What happened to separation of powers? Are these judges going to ignore what the legislature has written, specifically chapter 316 of the Florida Statutes? Is there going to be a new roaming judicial division set up specifically to follow police around and issue warrants for otherwise unlawful blood draws? Images of circus clown cars come to mind. If you refuse to talk when being questioned is the judge going to hit you with his gavel? Is he going to write an order that waives all of your rights?

What this DUI checkpoint policy is essentially doing: helping the local government justify their existence and churning out more money to pay for it. Police will be able to make more arrests and pad their arrest numbers, justifying more personnel and requiring more money to run. This is on top of the overtime they already get for each DUI arrest. More overtime means Mr. Policeman makes more money, which means we pay more taxes, the government gets larger and more powerful, and your freedoms diminish. Which is all fine and dandy, until you find yourself going for a ride in a police car and requiring an attorney.

Any judge that proposes this should decide what they really want to be: Judges, Police Officers, or Politicians. Attention Judges: If you want to be a police officer and fight crime, go take a fitness test and enter the police academy. If you’re not happy with the laws of the state and feel compelled to change them, go schmooze, collect money, and run for a higher political office. If you want to remain a judge, then go back to the Bill of Rights, the Florida Constitution, the Florida Statutes and READ THEM. Pay specific attention to the 5th and 14th amendment

Just my humble thoughts.

Copyright (c) 2011, Law Office of Roger P. Foley


The Law Offices of Roger P. Foley,P.A.

Tampa Criminal Defense Attorney | Tampa Law Office of W.F. ''Casey'' Ebsary Jr.

Tampa Criminal Defense Attorney

Tampa Criminal Defense Attorney, Casey Ebsary is a local defense attorney and former prosecutor. Casey is ready to help with all types of criminal charges including white collar criminal defense, criminal charges arising out of the internet, computer crime, cybercrime, computer fraud, drug charges and Driving Under the Influence DUI.

Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than 1/2 of 1 percent of Florida's lawyers have qualified for this distinction. Click on the Florida Bar Board Certified Criminal Trial icon above to review Casey's qualifications.

Casey is available for a free phone consultation at 1-877-793-9290.

View Tampa Law Office of W.F. ''Casey'' Ebsary Jr. in a larger map

Tampa Criminal Defense Attorney

Depositions and DUI

Driving Under the Influence charges are generally misdemeanors, which means that the ability to depose witnesses is not guaranteed. In order to be able to take a misdemeanor deposition, Florida Rule of Criminal Procedure 3.220(h) requires that "good cause" be shown to the judge. To determine if there is good cause to order depositions, the judge will consider the consequences to the defendant, the complexity of the issues involved, the complexity of the witness' testimony, and the other opportunities available to the defendant to discover the information sought by deposition. Some jurisdictions make it difficult to take depositions in misdemeanor cases, which means that lawyers have to be creative in finding other means to get the information. But, when a deposition is permitted, it should be taken.

Depositions are extremely important resources in the defense of a criminal case. Often, a simple question asked in a deposition will lead to the discovery of information that the defense attorney and prosecutor did not know existed, such as an additional police report, or witnesses that were on scene but not noted. Depositions show the defense lawyer what to expect the witness to say at a later court date and/or provide fodder to impeach the witness if his story later changes. Depositions also provide valuable insight to possible flaws in the case that may not have been otherwise revealed through the standard discovery documents. Examining these flaws can help a case by either revealing grounds for motions to suppress evidence or motions to dismiss the case based on a violation of a Constitutional right, or by simply showing the prosecutor the weakness of the case and giving a lawyer grounds to argue that the case should be dismissed or broken down into lesser charges.

Unfortunately, many attorneys do not take depositions in misdemeanor cases. It is possible that this is due to their feeling that depositions in misdemeanor cases will not reveal anything new or believing that they are a waste of time. However, depositions are a great tool that is extremely under-utilized in the current legal arena. Attorneys who do not take depositions are missing out on a wealth of information that they may not even realize exists in each case. More often than not, an officer's answers in a DUI deposition will reveal extremely helpful defense issues such as Taylor warnings not being read, simple improper phrasing by an officer that turns a request into a command, invalid consent for searches, and numerous other grounds for suppression that may never have otherwise crossed a lawyer's mind when reviewing a case.

Hiring an attorney who will work hard to get all of the information available is important in successfully defending against criminal charges. Although depositions are not always necessary, a case cannot usually be properly defended without digging deep, going outside of the box, and searching for the answers that aren't necessarily obvious at first glance. Depositions are just one weapon in a defense attorney's arsenal, but they can be one of the deadliest if used properly. Defense strategies are always formed more completely when all of the information available is laid out for the attorney to see. Why wouldn't an attorney use such a great tool that is available at the simple filing of a motion?

Copyright (c) 2010, Law Office of Roger P. Foley

Colleagues, Meet Bus!

From Wesley Farrell's press release:

Wesley J. Farrell is a Miami DUI attorney who specializes in difficult DUI cases that other Miami DUI attorneys cannot handle.

"Cannot handle," or do not handle?

Either way, congrats on the new website!