In the case of Leyritz v.. State of Florida, The 4th District Court of Appeal reversed the court’s order allowing costs of prosecution, because the trial court failed to allocate specifically the costs of prosecution, and remanded for a ruling consistent with its opinion.
The defendant was accused of manslaughter by impairment & manslaughter based on unlawful blood alcohol content but was convicted only of the lesser included offense of driving under the influence. The State of Florida moved to tax the amount of $16,497 as expenses for expert witness costs, transcripts, exhibits, & other costs for trial preparation, in addition to $12,360 for testimony of toxicology experts. Defendant alleged there should be an allocation of costs, since the defendant was convicted of the lesser-included crime. The trial court ruled defendant was responsible for paying the $12,360 for toxicology experts plus a flat $15,000 for the other costs of prosecution. The district court ruled that the trial court must determine that the costs sought by the state were reasonably & necessarily related to the prosecution of the misdemeanor that the defendant was convicted & may not be vague as to whether the expenses requested were reasonably and necessarily related to the prosecution of the criminal offense of DUI.
Michael Dye & Daniel Rosenberg are Miami Criminal Attorneys who represent individuals charged with DUI as well as serious criminal offenses in Miami-Dade County & throughout the State of Florida. For additional information, please call us at (305)429-3285 or visit our website by clicking here: Miami DUI Attorney.