DUI Manslaughter | Double Jeopardy? The Supreme Court of Florida is faced with a certified question “of great public importance” from the Fourth District regarding the decision of Bautista v. State: “DOES THE “A/ANY” TEST ADOPTED IN GRAPPIN V. STATE AND STATE V. WATTS AS THE METHOD FOR DETERMINING THE UNIT OF PROSECUTION FOR THE COMMISSION OF MULTIPLE PROSCRIBEDRead More
Category: DUI
Additional 3 Months for Beach Place
Fort Lauderdale declared Beach Place, a popular outdoor mall in front of the beach on A1A, a nuisance to the city due to reported drug dealing and various other criminal activities in and around the bars and outlet shops of Beach Place. Lee Feldman, the Fort Lauderdale City Manager, threatened possible closure of the retail complexRead More
Boynton Beach Police Officer Accused Of Rape | Seeking Pretrial Release
Stephen Maiorino, a married Boynton Beach police officer and a father of two, has been accused of on-duty rape and is seeking pretrial release. The prosecutor called the officer a danger to the victim and the rest of the community. The defense attorney claims the sexual encounter was “consensual”. Maiorino is facing two counts ofRead More
Ineffective Assistance of Counsel | Florida Rule of Criminal Procedure 3.850
Ineffective Assistance of Counsel Florida Rule of Criminal Procedure 3.850 An appeal based on the Florida Rule of Criminal Procedure 3.850, is an appeal of last resort. It is used when all other appeals have been exhausted. This appeal is a claim of ineffective assistance of counsel, in which the defense attorney was unprepared, orRead More
Colorado v. Schaufele | Driving Under the Influence
Driving under the influence of alcohol is a common offense in the United States of America. Sobriety tests and blood analysis are two common ways of testing for alcohol consumption. The offense is a misdemeanor and therefore rarely gets to the Supreme Court. Recent questions have however arisen pertaining as to whether warrants to conductRead More
Most Common DUI Question Answered
Most Common DUI Question Answered: What Do I Do If I Am Pulled Over? The moment you see those blue lights flashing in the mirror, your heart skips a beat and you begin to have sweaty palms. Your mind starts to race and you ask yourself – what do I do now? Knowledge is power.Read More
Necessity Defense
Florida’s Take On The Necessity Defense In The Context Of A DUI Charge Under certain circumstances, any individual charged with DUI in Florida may argue that they were justified in driving under the influence due to an emergency situation. As explained by the Fifth District Court of Appeal in Florida in Driggers v. State, thereRead More
Blood Alcohol Content: A Standard Measurement for Law Enforcement in DUI Investigations
Blood Alcohol Content: A Standard Measurement for Law Enforcement in DUI Investigations What is Blood Alcohol Content? Alcohol gets absorbed into our blood through our intestines and stomach lining. BAC is a measurement of how much alcohol has passed through and is now flowing in the blood throughout our entire body. A Breathalyzer test isRead More