Florida Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Florida or Court of Appeals of Florida where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Grzelka v. State - 8/6/2004
In this DUI case, the question presented is whether the trial court abused its discretion in admitting evidence that Appellant refused to submit to a breath test. Finding that the lower court did not abuse its discretion, we affirm.
When...
McFord v. State - 7/14/2004
Emile McFord appeals a final judgment of conviction and sentence for violating a substantial assistance plea agreement. We affirm.
In April 2001, McFord was charged with drug trafficking in violation of § 893.135(1)(b)(2), Fla....
State v. Serrago - 7/2/2004
Regina Serrago was charged with numerous offenses arising out of a fatal traffic accident. During the course of the traffic accident investigation, both blood and urine tests were conducted on Serrago, who moved to suppress the results...
Stallings v. State - 6/25/2004
Defendant below, Brandon Stallings ["Stallings"], contends on appeal that the trial court erred with respect to sentencing. We agree and reverse.
On June 9, 2003, Stallings was charged in a two-count information with escape and highway...
Neiner v. State - 6/2/2004
Appellant was convicted of possession of Diazepam (Valium), after it was discovered in her purse. We reverse for a new trial because the court erred in excluding evidence relevant to her defense that she had a prescription for the...
Neiuner v. State - 6/2/2004
Appellant was convicted of possession of Diazepam (Valium), after it was discovered in her purse. We reverse for a new trial because the court erred in excluding evidence relevant to her defense that she had a prescription for the...
Blake v. State - 5/28/2004
Appellant seeks review of his convictions and sentences for leaving the scene of an accident involving personal injury, a felony, and driving with a suspended or revoked license, a misdemeanor. We affirm the convictions and sentences, but...
Bass v. State - 5/26/2004
William Leslie Bass appeals from his judgment and sentence for driving under the influence (DUI) manslaughter arising from a crash in St. Petersburg in which Abby Priest was killed. Of three issues raised, only one merits discussion and...
Stoletz v. State - 5/20/2004
We have for review Stoletz v. State, 842 So.2d 866 (Fla. 2d DCA 2003), which expressly and directly conflicts with the decision in Whipple v. State, 789 So.2d 1132 (Fla. 4th DCA 2001). We have jurisdiction. See art. V, § 3(b)(3), Fla....
The Hertz Corp. v. Gleason - 5/19/2004
The defendant appeals a new trial order entered after a jury found the plaintiff had not sustained injury as the result of an accident in which the defendant stipulated to liability. The defendant seeks reversal of the order and...
M.D. v. State - 5/19/2004
M.D. appeals his conviction of carrying a concealed weapon pursuant to section 790.01, Florida Statutes (2001). We reverse because we find that the small wooden bat found in his car was not a "weapon" within the meaning of section...
Ayala v. State - 4/30/2004
Elpido A. Ayala has filed a petition pursuant to Florida Rule of Appellate Procedure 9.141(c) raising claims of ineffective assistance of appellate counsel. We deny the petition.
In the early morning hours of February 26, 2000, Mr. Ayala...
Ganey v. State - 4/30/2004
Joseph R. Ganey, Jr., pro se, appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Ganey argues that his no contest plea was not knowingly and voluntarily entered because it...
Chambers v. State - 4/28/2004
Patrick Antonio Chambers appeals his judgment for aggravated assault with a firearm [FN1] and tampering with evidence [FN2] and his sentence of 26.7 years in prison. We affirm the tampering with evidence conviction. We also affirm Mr....
Carpenter v. State - 4/26/2004
The appellant challenges the trial court's order summarily denying his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach portions of the record conclusively...
State v. Castillo - 4/22/2004
In this case, we interpret Florida's unlawful compensation statute, which prohibits public officials from seeking or accepting unauthorized benefits in return for performance or nonperformance of official duties. See § 838.016(1), Fla....
State v. Bodden - 4/15/2004
In State v. Bodden, 872 So.2d 916 (Fla. 2d DCA 2002), the Second District Court of Appeal certified the following question of great public importance:
IN ADMINISTERING FLORIDA'S IMPLIED CONSENT LAW, IS THE FLORIDA DEPARTMENT OF LAW...
Littman v. State, Dept. of Highway Safety and Motor Vehicles - 4/6/2004
Petitioner seeks certiorari review of the circuit court's denial of his petition to review the Department of Highway Safety & Motor Vehicles ("the Department") revocation of his license. Because the circuit court did not depart from the...
Littman v. State - 4/6/2004
Petition for Writ of Certiorari - Original Jurisdiction.
Petitioner seeks certiorari review of the circuit court's denial of his petition to review the Department of Highway Safety & Motor Vehicles ("the Department")...
Moore v. State - 4/2/2004
Moore appeals from a restitution order imposed by the trial court after he had been convicted in a DUI case which involved serious injuries to Janice Finley and caused her husband's death. Although the criminal trial concluded in 1998, the...
State v. Coughlin - 3/26/2004
The State of Florida seeks certiorari review of a decision of the circuit court acting in its appellate capacity, affirming an order of the county court dismissing the DUI prosecution of Daniel Coughlin on speedy trial grounds. Because we...
State v. Eaton - 3/19/2004
The State appeals the trial court's order excluding evidence of blood alcohol test results based on its determination that the State had willfully violated the rules of discovery. We treat the State's appeal as a petition for a writ of...
Galiana v. State - 3/17/2004
Eduardo Galiana was convicted after jury trial of two counts of DUI manslaughter and two counts of vehicular homicide, as well as leaving the scene of an accident involving property damage, and for unlawful driving as an habitual traffic...
State v. Montello - 3/10/2004
In this consolidated appeal, the state challenges county and circuit court orders *614 granting motions to suppress urine test results obtained from appellees, Joseph Montello and Steven P. Costa, pursuant to Florida's implied consent...
Tovar v. State - 3/10/2004
Appellant, Carlos Tovar, went to trial before a jury on a charge of DUI manslaughter while being impaired or with a blood alcohol level of .20 or above. After the jury began deliberations, it requested a read-back of testimony. Without any...
Sims v. State - 3/5/2004
This appeal brought by Gene Robert Sims raises an issue concerning the assessment of victim injury points for the crime of leaving the scene of an accident involving *46 death. We conclude that victim injury points were properly assessed...
Bermudez v. State - 3/3/2004
This is an appeal from the denial of a petition for writ of habeas corpus, challenging the incarceration of Appellant/Petitioner Jose Renato Bermudez following a conviction for DUI/Manslaughter. We affirm.
Bermudez was arrested on June...
State v. Muldowny - 2/27/2004
This appeal is before this court after a county court suppressed the results of intoxilyzer tests in two different cases in which Timothy Muldowny and William E. Pitts were charged with driving under the influence of alcohol. This...
Cardenas v. State - 2/26/2004
These cases, which we have consolidated for purposes of this opinion, present two related questions concerning a standard jury instruction in prosecutions for driving or boating under the influence of alcohol. The questions are, first,...
Rodriguez v. State - 2/25/2004
In August 2000, Manuel Rodriguez, with a blood alcohol level over four times the legal limit and without a valid driver's license, stole a car and, while fleeing the scene, almost immediately ran head-on into a motorcycle, causing the...
Dobrin v. Florida Dept. of Highway Safety and Motor Vehicles - 2/19/2004
We have for review Department of Highway Safety & Motor Vehicles v. Dobrin, 829 So.2d 922 (Fla. 5th DCA 2002), which expressly and directly conflicts with our decision in Holland v. State, 696 So.2d 757 (Fla.1997). We have jurisdiction....
Dobrin v. Florida Dep't of Highway Safety and Motor Vehicles - 2/19/2004
Rehearing petition filed: March 4, 2004; Rehearing denied: 05/27/2004 (IN LIGHT OF REVISED OPINION}
We have for review Department of Highway Safety & Motor Vehicles v. Dobrin, 829 So. 2d 922 (Fla. 5th DCA 2002), which...
Bryan v. State - 2/18/2004
The defendant appeals his conviction and sentence on two counts of aggravated assault on a law enforcement officer. He raises four issues, one of which we find has merit. We reverse in part and remand the case for a reduction in the...
Lopez v. State - 2/13/2004
AFFIRMED. See Arrowood v. State, 843 So.2d 940, 941 (Fla. 1st DCA 2003) (observing that a jury's finding of DUI *655 with serious bodily injuries supports the imposition of severe victim injury points).
...
State, Dept. of Highway Safety and Motor Vehicles, Div. of Driver - 2/11/2004
This cause comes before us on the Department of Highway Safety and Motor Vehicles' ("DHSMV"), motion for rehearing and clarification of our denial of a petition for writ of certiorari. DHSMV's petition sought to quash a decision of the...
Davis v. State - 2/11/2004
We affirm the trial court's summary denial of Davis's rule 3.850 motion for post-conviction relief.
Davis's primary claim is that counsel was ineffective for conceding her guilt during opening and closing statements. Davis cites to the...
State - 2/11/2004
ON MOTION FOR REHEARING AND CLARIFICATION
This cause comes before us on the Department of Highway Safety and Motor Vehicles' ("DHSMV"), motion for rehearing and clarification of our denial of a petition for writ of certiorari....
Conboy v. State - 2/4/2004
We affirm, but remand for the limited purpose of conforming the order of revocation of probation to the oral findings made at the end of the trial. See generally Boyles v. State, 608 So.2d 552 (Fla. 4th DCA 1992).
The trial court's oral...
State v. Schreiber - 2/4/2004
The State of Florida petitions this court for certiorari review of a Broward County Circuit Court order which granted respondent Jennifer Schreiber's petition for writ of prohibition and remanded her case to the Broward County Court for an...
Schofield v. State - 2/4/2004
Nancy Schofield petitions this court for a writ of certiorari to review a circuit court order finding that Schofield's breathalyzer test results were admissible at trial. We deny the petition because the circuit court did not depart from...
Ndow v. State - 1/30/2004
Mamodou Ndow appeals his judgment and sentence for trafficking in cannabis. On appeal, appellant argues that the trial court erred in failing to grant his motion to suppress because the stop was illegal.
This case involves a...
Sawyer v. State - 1/28/2004
We grant appellant's motion for rehearing. The opinion of December 18, 2002 is withdrawn and we substitute the following opinion:
We reverse appellant's conviction as to Count II, felony driving while license permanently suspended...
Case v. State - 12/29/2003
Petition for Writ of Certiorari - Original Jurisdiction.
Petitioner was arrested and charged with driving while intoxicated, an offense punishable by up to six months' imprisonment. See § 316.193(2)(a)2.a., Fla. Stat. (2001). At...
Devaney v. State - 12/29/2003
George Henry Devaney, III, appeals the denial of the amended motion for post-conviction relief he filed pursuant to Fla. R. Crim. P. 3.850 (2001), seeking to set aside convictions for "DUI Manslaughter, DUI with serious bodily injury,...
McCarthy v. Jenne - 12/17/2003
We deny the petition for writ of habeas corpus. In this case, petitioner is charged with a violation of probation. Bail pending revocation of a violation of probation is not a guaranteed constitutional right. See § 948.06(1), Fla....
Davis v. State - 12/12/2003
Upon the State's concession of error, we vacate the excessive sentence on Count II and remand for the trial court to impose a sentence within the time limits allowed for a third-degree felony and to correct the sentence/probation...
Bielik v. State - 12/10/2003
Appellant pled no contest to several felony counts of driving under the influence and was denied a downward departure sentence. Relying on our decision in State v. Warner, 721 So. 2d 767 (Fla. 4th DCA 1998), disapproved in State v....
O'Quinn v. State - 12/5/2003
Appellant, Leon M. O'Quinn ["O'Quinn"], appeals the trial court's order denying his motion. O'Quinn raises two primary issues. First, O'Quinn argues that the trial court erred in failing to appoint counsel to assist him in his motion....
Lemay v. Kondrk - 12/5/2003
ON MOTION FOR REHEARING
We grant appellee's motion for rehearing, withdraw our prior opinion and issue the following opinion in its place:
Sandra Lemay ["Lemay"], as Personal Representative of the Estate of Roy Ault,...
Bautista v. State - 12/4/2003
We have for review Bautista v. State, 832 So. 2d 122 (Fla. 4th DCA 2002), in which the Fourth District Court of Appeal certified the following question as one of great public importance:
DOES THE "A/ANY" TEST ADOPTED IN GRAPPIN...
Kiley v. State - 12/3/2003
In his motion for a written opinion, defendant inferentially argues that it is per se ineffective assistance of counsel (IAC) to fail to seek a competency hearing for a defendant who claims total amnesia about the crime for which he...
State v. Hanna - 11/14/2003
The issue in this case is whether Appellee's right to a speedy trial on several counts in a multi-count information was violated, thereby entitling Appellee to a discharge on these counts. The trial court concluded that a speedy trial...
Williams v. State - 11/12/2003
At defendant's trial on felony driving while license suspended (DWLS) the state adduced evidence of two prior convictions of DWLS. One of the two convictions, however, in 1995 did not satisfy our decision in Badger v. State, 798 So. 2d...
Nelson v. State - 10/31/2003
Karl I. Nelson appeals the departure sentence imposed by the trial court upon his resentencing under the dictates of Heggs v. State, 759 So. 2d 620 (Fla. 2000). Nelson also appeals the trial court's denial of two motions to correct...
State v. Caswell - 10/31/2003
Petition for Writ of Certiorari -- Original Jurisdiction.
The state seeks certiorari review of a judgment entered by the Circuit Court of Bay County acting in its capacity as an appellate court, by which it affirmed a county...
State - 10/31/2003
Petition for Writ of Certiorari - - Original Jurisdiction.
The issue before us involves Respondent, Paula Gordon's plea to the criminal charge of driving under the influence of alcohol (DUI), and the administrative procedure that...
Nicholas v. State - 10/29/2003
This appeal arises from the entry of a final order violating Jamie Nicholas's probation after he was stopped for DUI. Nicholas filed a motion to suppress the stop. That motion was denied and Nicholas admitted the violation while...
Stone v. State - 10/22/2003
Michael Stone pled not guilty to DUI and was sentenced to thirty days in the Broward County Jail and two years of probation. When entering this plea, Stone properly reserved the right to appeal the trial court's denial of his motion to...
Warren v. State - 10/17/2003
After entering an open plea, Jerry Warren was convicted of felony DUI and felony driving with a suspended or revoked license as a habitual traffic offender. He now appeals the trial court's order summarily denying his Rule 3.850...
Dep't of Highway Safety and Motor Vehicles - 10/17/2003
The Department of Highway Safety and Motor Vehicles (the Department) petitions this court for a writ of certiorari to quash the circuit court's order determining that the administrative hearing officer had insufficient evidence to deny...
Sorrell v. State - 10/15/2003
ON MOTION FOR REHEARING AND CLARIFICATION
We grant the State's motion for rehearing and clarification, withdraw our previous opinion, and substitute the following.
Woodrow Sorrell appeals his conviction of driving while his...
Jenkins v. State - 10/13/2003
We have before us two consolidated cases involving the admissibility of breath test results in "Driving While Intoxicated" cases. The trial court heard a consolidated motion to suppress the breath test results for a number of similarly...
Servis v. State - 10/10/2003
Dennis Wayne Servis appeals his conviction for DUI manslaughter. Because of the cumulative effect of the prosecutor's improper comments during closing arguments, we conclude that Servis was denied a fair trial and reverse. ...
Kirby v. State - 10/9/2003
We have for review State v. Kirby, 818 So. 2d 689 (Fla. 5th DCA 2002), which expressly and directly conflicts with State v. Vandonick, 800 So. 2d 239 (Fla. 2d DCA 2001), on the issue of whether a settlement and release of liability...
Mulligan v. City of Hollywood - 10/1/2003
Today we consider the extent of municipal powers by ordinance to seize personal property used in the commission of a crime. In so doing, we also address whether a city's willingness to restore the property it has thereby seized, upon...
State - 9/10/2003
Petition for Writ of Certiorari -- Original Jurisdiction.
In 1995, Michael Hollahan's driver's license was revoked after his fourth conviction for driving under the influence. He applied to the Department of Highway Safety and...
Byrd v. State - 9/3/2003
Thomas Byrd ("Byrd") was charged by information with one count of driving under the influence with priors, one count of driving while license suspended-habitual offender, and one count of driving while license suspended or permanently...
Garcia v. State - 9/3/2003
Jorge Garcia appeals his conviction for possession of methamphetamine. Because we conclude that none of the issues raised by Garcia justify reversal of his conviction, we affirm the judgment against him.
I. FACTS
In the...
State v. Pierre - 8/29/2003
In this driving under the influence (DUI) case, the county court has certified to us a question of statutory interpretation involving the "Implied Consent Law," section 316.1932(1) (a) 1., Florida Statutes (2002). Relying upon the...
Higginbotham v. State - 8/29/2003
The appellant challenges the trial court's order summarily denying his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant's claims are facially sufficient and the trial court failed...
[W] Sorrell v. State - 8/27/2003
OPINION WITHDRAWN and new opinion filed October 15, 2003.
WOODROW SORRELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Robert R. Makemson,...
Wilson v. State - 8/22/2003
Sheila Wilson was charged with driving under the influence of alcohol resulting in death and driving while license suspended resulting in death, based on an accident she was involved in on August 19, 1997, when she had a blood alcohol...
Bogan v. State - 8/22/2003
Daniel Bogan appeals his judgments and sentences which were entered by the trial court after he pled guilty to the charges of driving under the influence causing serious bodily injury, driving under the influence causing damage or...
Pryor v. State - 8/12/2003
This is an appeal from a conviction of first degree murder following a jury trial. Appellant, John Pryor, raises two issues for our consideration. The first is whether the trial judge erred by excluding certified copies of a State...
Vedner v. State - 7/25/2003
ON MOTION FOR REHEARING
We grant appellee's motion for rehearing, withdraw our previous opinion and substitute the following therefor.
Donald Vedner, Jr., appeals from the judgment and sentence imposed on him after he was...
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