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Florida's new law, 316.3045, is going into effect July 1, 2022 makes playing your vehicle's radio, or other electronic device or musical instrument with the volume so loud that the sound emanating is plainly audible at a distance of 25 feet or more from the vehicle or is louder than necessary for...

Q: Can the police just stop me on the street for no reason? A: The police can't stop you and search you in the street without reason. However, the police can come up to you and talk to you without reason. That is called a citizen/police encounter. You are permitted to refuse to speak with the po...

How does the state prove driving while license suspended or revoked? Florida Statute 322.34(2)(c) The state must prove the individual had knowledge that his or her license is suspended. The element of knowledge is satisfied if the person has been previously cited for driving with a suspended or ...

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one crime. DUI may be proved in one or both ways. One way is by an individual having impairment of normal faculties by alcohol or drugs, be they prescribed or illegal. The second way DUI may be proved is by an individual having an unlawful breath/blood alcohol level of .08 or above. The penalties for either conviction is the same, regardless of the manner in which the DUI is proven.

Arrested for DUI in Sarasota, Manatee, or Desoto Counties, you might be eligible to participate in the DETER program. Short for “Driver Enhanced Treatment Education Rehabilitation,” this program offers applicants the chance to avoid a DUI conviction in exchange for taking steps that are likely to reduce the chances they drive while impaired again. Of course, not every person is eligible for this program. Some individuals might also benefit from not participating and, instead, fighting the charges against them. This can be a difficult decision, making your choice of defense attorney imperative.

Officers lacked probable cause to detain defendant for violation of statute that restricts brightness and number of lit auxiliary lights on vehicle where record does not reflect that officers had any training or experience that would have allowed them to estimate brightness of auxiliary lights at...

Criminal law -- Driving under influence -- Evidence -- Breath test -- Substantial compliance with administrative rules -- Twenty-minute observation period -- Where breath test operator did not communicate delegation of duty to observe defendant to fellow officer to whom he allegedly delegated tha...

 Driver's license -- Revocation -- Leaving scene of accident involving injury -- For purposes of revoking driver's license under section 322.28(4)(b), “conviction” includes both adjudicated offenses of leaving scene of accident involving injury and offenses in which adjudication is withheld requi...

316.1939 Refusal to submit to testing; penalties: Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.193, and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or h...

There was no error in denying motion to suppress evidence discovered during search of defendant's vehicle which was based on officers detecting the odor of marijuana. Regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell of marijuana emanating from a vehic...

Officer who responded to report of van that veered into oncoming traffic and, after locating vehicle, observed it cross fog line twice, had reasonable suspicion for investigatory stop -- Detention of defendant for 15 minutes without beginning investigation while awaiting arrival of DUI unit was u...

Where deputy approached defendant who was talking on cell phone in lawfully parked vehicle in hotel parking lot and observed open container of beer in vehicle, deputy requested defendant's driver's license and advised that he would be searching her vehicle, and deputy directed defendant to exit h...

Charges stemming from incident in which defendant shot victim, who had previously been invited into defendant's home. After victim refused to leave defendant's home and became engaged in a physical altercation with defendant's boyfriend. The Trial court erred in denying defendant's motion to dism...

Administrative Licenses Suspension: When arrested for DUI the officer will usually take your FL D/L and issue a DUI ticket. You have 10 days from the date of the DUI ticket to either waive or request a formal or informal administrative license suspension hearing. Failure to do one of the above w...

Expert testimony regarding administration or reliability of field sobriety exercises is precluded -- Officer's testimony regarding his training and experience with regard to exercises goes to credibility and weight of evidence regarding his observations and does not make him expert witness subjec...

FLORIDA DUI SANCTIONS: FIRST TIME DUI JAIL TIME. Maximum of 6 months in jail.   If the driver's blood/breath alcohol (BAC) was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months. Probation 6 to 12 months. Fines $500 to $1000.  If the blood alcohol level was...

While on patrol officer observed a vehicle parked with its lights out in front of a closed business. Officer approached the vehicle and when the defendant opened the drives door officer could detect a strong odor of cannabis coming from the vehicle, officer had no other reasonable suspicion of cr...

Possession, of a medical marijuana card in and of itself is not sufficient to claim immunity from prosecution. If arrested for possession of marijuana and a claim of immunity is asserted, the defendant must show that he/she is a qualifying patient along with a showing of having been diagnosed wit...

Experiment conducted by police detective involving the shooting of a shirt from different distances. Trial court erred in allowing evidence of an unscientific experiment conducted by a police detective that was intended to prove that the victim was shot at close range, which would have been consi...

Driving under influence -- Search and seizure -- Field sobriety exercises -- Where defendant, who was lawfully stopped and detained, was never asked if he would consent to field sobriety exercises, but merely submitted to trooper's show of apparent authority that would lead reasonable person to c...

It is well recognized that police officers may conduct welfare checks and that such checks are considered consensual encounters that do not involve constitutional implications. [Greider v. State, 977 So.2d 789, 792 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D949b]] (recognizing that officer's making i...

The search of defendant conducted by officer who pulled up to defendant's parked vehicle to give a verbal warning regarding defendant's license plate cover and observed the butt of a handgun sticking out of defendant's waistband; The trial court erred in denying motion to suppress. The officer di...

Counsel was ineffective for failing to move to suppress controlled substances found in defendant's backpack following an illegal arrest and search incident to that illegal arrest. Counsel's Ineffectiveness is apparent on the face of the record, which showed that sole basis for arrest was violatio...

Boating under influence, Search and seizure, Detention. sheriff's deputy did not have reasonable suspicion to detain defendant by requiring him to board deputy's patrol boat and travel to marina for field sobriety exercises where, at the time of detention, the only evidence of impairment was odor...

Search and seizure, Traffic stop, Search of vehicle subsequent to traffic stop during which officer detected the odor of marijuana. The trial court erred in denying defendant's motion to suppress where traffic stop for a broken tail light was unlawful. Section of chapter 316 that enumerates the r...