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Fourth District Court of Appeal Reverses Circuit Court Ruling Denying Defendant's Motion to Suppress Firearm & Drugs

In the matter of KS vs. State of Florida, the Fourth District Court of Appeal held as follows:The Appellate Court reversed the trial court's denial of defendant's motion to suppress in a case concerning carrying a concealed weapon, possession of less than twenty grams of marijuana,

DUI Case Reversed for Inappropriate Comments by State Attorney

The 1st District Court of Appeal reversed the defendant's convictions for 2 counts of DUI resulting in damage to person or property and one count of leaving the scene of a car accident involving personal injury & remanded the case for a new trial. In the presence of the jury, the prosecutor asked

Court of Appeal Upholds Off Duty Officer's DUI Traffic Stop

In the matter of Shively v State, the Second District Court of Appeal ruled as follows:The district court affirmed the defendant's judgment and sentence of probation, finding no error with the trial court's denial of defendant's motion to suppress evidence of field sobriety tests af

Social Networking Website Gets Judge Removed From Case

On September 5, 2012, The Fourth District Court of Appeal issued an opinion in Pierre Domville v. State of Florida. The Court's ruling rather straightforward. Judges are prohibited from being "friends" on social networking web sites with attorneys that appear before them. This c

Lane Weaving and DUI Stops

Among the most common reasons given by cops for conducting a DUI traffic stop is that the operator of the automobile was "weaving" while he was driving or "crossing over" the marked lane lines. However, under Florida Law, merely swerving across lane lines is not always a legally sufficient reaso

Florida DUI Investigations and Roadside Sobriety Exercises

Roadside sobriety exercises are a critical part of a majority of DUI cases. Roadside sobriety exercises is the common name for the "National Highway Transportation and Safety Administration Standardized Field Sobriety Tests." Otherwise abbreviated NHTSA SFST's. An important thin

DUI Confessions Under Florida Law

In order to convict a person of a DUI, the State must prove several things beyond a reasonable doubt. The very first thing the State must prove is that the defendant was operating a motor vehicle on the streets or highways of the State of Florida. To be able to prove this first element of a DUI

Limitations on the Fellow Officer Rule in DUI Cases

Earlier this year, the Florida Supreme Court heard a DUI appeal with major implications. In the case of State vs. Bowers, the Defendant was arrested and charged with DUI and small drug charges. The Defendant filed a motion to suppress challenging the validity of the traffic stop. A hearing was

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