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Defendant was arrested for DUI involving a crash. During the crash investigation Defendant made statements that were prompted by officer's questioning during crash investigation and are inadmissible pursuant to accident report privilege. At the conclusion of the crash investigation the officer ad...

Defendant was arrested for DUI Officer improperly read implied consent warning because the officer knew that defendant was engaged in conversation with another officer and was not paying attention during reading. The officer reading implied consent made no attempt to secure defendant's attention....

Defendant was arrested for DUI and agreed to breath test. After the first test a the breath testing machine indicated "slope not met." Normally the administrative rule providing that a second 20-minute observation period is not required before administering subsequent “sample” did not alleviate n...

Defendant was charged with DUI Damage to Property or Another and driving in willful wanton disregard for safety that causes damage to the property of another. The only damaged regarding the charges was to the Defendant's own vehicle. The State Charged DUI Damage to Property of Another and reckles...

The trial court errored in granting Defendant's motion to dismiss traffic citation charging him with driving a motor vehicle without a license based on conclusion that bicycle Defendant was operating was a “minibike” and did not require a driver's license to operate. The State has right to appeal...

Driver challenged improperly read IMPLIED CONSENT WARNING asserting the officer's time of arrest and the reading of implied consent were wrong. The appeals court found that despite the discrepancies in documents regarding the times of arrest and of reading of the implied consent warning, there wa...

CAPE CORAL FLORIDA MAN SENTENCE TO 5 YEARS FOR FLEEING POLICE

Appellant was convicted of possession with intent to sell a counterfeit substance which the court of appeals reversed based on insufficient evidence. The statute requires the counterfeit substance either be labeled or identified as a controlled substance. The evidence at trial failed to show eith...

Driving under the influence (DUI) describes driving impaired to the extent that your normal faculties are impaired by alcohol or drugs (prescription or illegal). Impaired may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Florida, you...

Sexual battery in Florida means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. Anyone 18 or older who commit...

Defendant Hudson arrested for DUI moved the Court to Suppress statements she made while handcuffed in the rear seat of a police cruiser. Prior to questions police failed to advise the defendant of the Miranda warnings as spelled out in the U.S. Supreme Court's opinion in Miranda v Arizona. The Tr...

The court of trial court issued an Order finding M.H. in contempt for refusing to provide passcode to access his cell phone in connection with a search warrant. The Court of Appears upheld the lower court's Order because M.H. had not yet been charged with any crime related to his phone. The court...

If you live out of state and are convicted of a DUI or Reckless Driving in Florida, you will be required to attend and complete a DUI school. In Florida, for a first DUI conviction, completion of a level one DUI school is required before your privilege may be restored. If the conviction is for a second or subsequent DUI, Florida requires completion of a level two DUI school. Florida will accept any out of state DUI school completion certificate so long as the school is state certified and the level or type of course is comparable to the level course required in Florida.

License suspension, administrative license suspension, out of state driver's license administrative license suspension, privilege to drive in Florida suspended

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...