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Shaw v. State, 783 So.2d 1097 (2001) -- In prosecution for driving under the influence (DUI), state was required to prove that defendant's faculties were "impaired," rather than merely "weakened."

Sabree v. State, 978 So.2d 840 (2008) -- Simply having a drug in the system is legally insufficient to convict defendant of driving while intoxicated (DUI) manslaughter and DUI serious bodily injury, because the state is required to prove beyond a reasonable doubt that defendant was "under the influence" of cocaine.

State v. Tagner, 673 So.2d 57 (1996) – Necessary elements of driving under the influence include actual physical control of vehicle, that defendant was under influence of a controlled substance, and that defendant was affected to extent that his normal faculties were impaired.

State v. Sercey, 825 So.2d 959 (2002) – Prosecution may prove impairment by a controlled substance by using evidence of the presence of the controlled substance in the defendant's body and/or other evidence of impairment, including erratic driving and the fact that an accident occurred.


Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of Criminal Defense, Criminal Appeals, DUI, BUI & Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.


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