In the matter of Deras v. State of Florida, the district court overturned the lower court’s order denying defendant’s motion for postconviction relief filed pursuant to FRCP 3.850. Defendant was charged with a single charge of DUI manslaughter and 1…
Category: Journal
Florida’s Supreme Court Rules DHSMV Administrative Hearing Officers Must Determine the Lawfulness of DUI Arrests
According to Florida Laws, anyone who is lawfully arrested for DUI must submit to a chemical test at the request of the arresting officer. If that person refuses to submit to the test, that person’s driver’s license will be suspended…
Criminal Defendant Accidentally Furnishes Confession Not Aware of Recording Device in Police Cruiser
The basic definition of the term “hearsay” is “an out of court statement that only has evidentiary value for the truth of the matter asserted.” Hearsay is usually excluded from evidentiary hearings and trials since it’s presumed to be unreliable.…
Criminal Defendant Wins DUI Appeal Proves to be a Hollow Win
When a defendant appeals a Judge’s decision not to grant a mistrial because of an inappropriate remark by a state attorney, the State has the burden of showing to the court of appeal that there exists no reasonable probability that…
County Court’s Order Denying Defendant’s Motion to Withdraw Plea Affirmed District Court Found Defendant Knowingly & Voluntarily Waived Right to Lawyer
A defendant is entitled, as a matter of right to be represented by an attorney when that individual stands accused of a criminal offense in which jail time or an adjudication of guilty is a possibility. A defendant is entitled…
1st District Court of Appeal Upholds Trial Court’s Ruling Denying Defendant’s Motion for Mistrial Matter Not Properly Preserved for Review
With very limited exceptions, if a lawyer does not object to the introduction of evidence in trial, your appeal can not be based on that evidence. A good trial strategy is to prepare for a trial from an appellate perspective.…
Fourth District Court of Appeal Requires Circuit Court to Review Costs Taxed to the Defendant in DUI Matter
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…
5th District Court of Appeal Reverses and Reduces DUI Manslaughter to DUI
In the matter of Pennington v. State, the Fifth District Court of Appeal held as follows: The Fifth District Court of Appeal reversed the defendant’s conviction for DUI manslaughter, remanding for an amended conviction for only a DUI, & affirmed…
District Court of Appeal Holds That Blood Evidence in a Felony DUI is Admissible Even Obtained Illegally
In the matter of State v. Geiss the 5th District Court of Appeal reversed the trial court’s order suppressing blood test results in a felony DUI case. After defendant refused a breathalyzer test, the police obtained a search warrant to…
Second District Court of Appeal Denies Defense Request for Juror Interview in Florida DUI Case
In the case of State versus. Monserrate-Jacobs, the 5th District Court of Appeal ruled as follows: The Second District Court of Appeal granted the State of Florida’s petition for certiorari review regarding a post-trial juror interview. The defendant was charged…