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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Leveritt v. State - 5/7/2002
As amended May 16, 2002.
ROBERT CHARLES LEVERITT, APPELLANT/CROSS-APPELLEE, v. STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT.
An appeal from the Circuit Court for Duval County. Jack M. Schemer, Judge.
William J....
Cardenas v. State - 5/7/2002
Appellant challenges his various convictions and sentences arising out of a collision between his fishing boat and a commercial barge which resulted in the deaths of two people and serious injury to his son. We affirm appellant's...
Department of Highway Safety and Motor Vehicles v. Pitts - 5/2/2002
Certiorari - Original Jurisdiction.
By a petition for writ of certiorari, the Department of Highway Safety and Motor Vehicles seeks review of a decision of the circuit court which granted certiorari relief to Victor Lee Pitts....
Arthur v. State - 4/26/2002
Appeal from the Circuit Court for Lake County, G. Richard Singeltary, Judge.
EN BANC
We elect to consider this case en banc. Here, Arthur was charged with violating sections 322.34 and 322.264, Florida Statutes, because he...
Pelham v. State - 4/26/2002
Appeal from the Circuit Court for DeSoto County; James S. Parker, Judge.
The appellant, James Dale Pelham, challenges his resentencing after remand with respect to his conviction for DUI manslaughter, an offense he committed in...
Winkler v. Moore - 4/25/2002
Petition for rehearing filed May 20, 2002. Rehearing denied September 25, 2002.
MARK D. WINKLER, PETITIONER, v. MICHAEL W. MOORE, ETC., ET AL., RESPONDENTS, CHRISTOPHER HALL, PETITIONER, v. MICHAEL W. MOORE, ETC., ET AL.,...
Gill v. State - 4/24/2002
We affirm the trial court's denial of appellant's 3.850 post-conviction relief motion asserting a claim pursuant Heggs v. State, 759 So. 2d 620 (Fla. 2000). This affirmance is without prejudice to appellant to present the double...
Blake v. State - 4/16/2002
An appeal from the Circuit Court for Escambia County. John P. Kuder, Judge.
Appellant Thomas Brant Blake was charged by information with leaving the scene of an accident resulting in death, in violation of sections 316.027(1)(b)...
Klinger v. States - 4/12/2002
Appeal from the Circuit Court for Polk County; Randall G. McDonald, Judge.
Darwin Klinger challenges his convictions for DUI manslaughter and tampering with evidence. Although Klinger raises several issues on appeal, we find that...
[W] Spencer v. State - 4/11/2002
As amended April 25, 2002. Petition for rehearing filed April 26, 2002. OPINION WITHDRAWN and new opinion filed January 9, 2003.
DUSTY RAY SPENCER, APPELLANT, v. STATE OF FLORIDA, APPELLEE. DUSTY RAY SPENCER, PETITIONER, v....
State - 4/10/2002
A Writ of Certiorari to the Circuit Court for Monroe County, Luis M. Garcia, Judge.
The Department of Highway Safety and Motor Vehicles ("Department") petitions this court for certiorari review of a circuit court order which...
Department of Highway Safety and Motor Vehicles v. Trimble - 4/8/2002
Petition for Writ of Certiorari - Original Jurisdiction.
The Department of Highway Safety and Motor Vehicles seeks common law certiorari review of a circuit court order that was entered in a certiorari proceeding wherein the...
Beck v. State - 4/5/2002
Appeal from the Circuit Court for Volusia County, David A. Monaco, Judge.
The defendant appeals from criminal convictions and sentences for aggravated battery, felony driving under the influence, and felony failure to appear. The...
Carmona v. State - 4/5/2002
3.850 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.
Agustin Carmona appeals the denial of his Rule 3.850, Florida Rules of Criminal Procedure, motion seeking to avoid conviction for driving under the...
Bonine v. State - 3/28/2002
Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge.
EN BANC
Bonine challenges his DUI/manslaughter conviction which arose out of an incident in which he struck and killed a motorcyclist with his...
State v. Langsford - 3/27/2002
In a prosecution for driving under the influence, the county court suppressed the results of a blood test conducted upon appellee without her consent on the ground it violated section 316.1933, Florida Statutes (2000). The court...
State v. Grady - 3/22/2002
As amended April 10, 2002
Appeal from the Circuit Court for Manatee County; Charles E. Williams, Judge.
The State appeals the trial court's order granting Jessica Grady's consolidated motion to suppress and motion to...
Department of Highway Safety and Motor Vehicles v. Profis - 3/22/2002
In this appeal, the Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review of a circuit court order granting Nicole Profis's petition for writ of certiorari and quashing an order of the DHSMV. The DHSMV...
State v. Johnson - 3/21/2002
We have for review the opinion in State v. Johnson, 751 So. 2d 183 (Fla. 2d DCA 2000), which certified conflict with the opinion in State v. Manney, 723 So. 2d 928 (Fla. 5th DCA 1999). We have jurisdiction. Art. V, § 3(b)(4), Fla....
Henderson v. State - 3/20/2002
We affirm appellant's two burglary convictions on the authority of Tobler v. State, 371 So. 2d 1043 (Fla. 1st DCA 1979).
We also find no error in the trial court's ruling on the jury challenge. See Melbourne v. State, 679 So. 2d...
Ingram v. State - 3/13/2002
We affirm appellant's convictions for purchase of cocaine and possession of cocaine. We reverse the special condition of probation requiring appellant to return to Utah to resolve a DUI charge. See Biller v. State, 618 So. 2d 734, 735...
Department of Highway Safety and Motor Vehicles v. Alliston - 3/13/2002
Petitioner's letter dated January 22, 2002, is treated as a motion for clarification and is granted. The opinion dated January 18, 2002, is withdrawn, and the attached opinion is substituted therefor. The revised opinion merely...
Department of Highway Safety and Motor Vehicles v. Harris - 3/8/2002
Petition for Certiorari from the Circuit Court for Hillsborough County; Robert H. Bonanno, Judge.
The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review of a circuit court order granting certiorari...
Bush v. State - 3/6/2002
After a four month jury trial, Kathleen Bush was found guilty of aggravated child abuse of her daughter, Jennifer, and organized fraud against Medicaid. She raises six arguments on appeal alleging fourteen reversible errors. We affirm...
Wilson v. State - 3/1/2002
3.850 Appeal from the Circuit Court for St. Johns County, Richard O. Watson, Senior Judge.
Freddie Wilson appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Appellate Procedure 3.850....
Ward v. State - 2/27/2002
Mark Ward timely appeals after a jury, in a bifurcated proceeding, convicted him of driving under the influence (DUI). The trial court determined the felony portion of this DUI charge. He argues his conviction for DUI should be reduced...
McBride v. State - 2/20/2002
The prior opinion filed October 10, 2001, is withdrawn. This is a substitute opinion.
Appeal from the Circuit Court for Hillsborough County, J. Rogers Padgett, Judge.
This case is before us on remand from the Florida...
Brooke v. State - 2/20/2002
Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.
We affirm Brooke's convictions for DUI manslaughter, DUI with serious bodily injury, and three counts of DUI with property damage. We remand, however, for...
Hindenach v. State - 2/13/2002
Appellant, John Hindenach, appeals from his resentencing after the trial court granted his motion to correct illegal sentence under Heggs v. State, 759 So. 2d 620 (Fla. 2000) (holding that defendant is entitled to resentencing if the...
State v. Clarke - 2/7/2002
The State of Florida petitions this Court for writ of mandamus seeking reinstatement of an appeal. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const.
FACTS
The relevant facts in the instant case are as follows: Clarke...
State v. Blackledge - 2/6/2002
The state seeks certiorari review of the trial court's order which in effect precludes the state from proceeding under an alternative theory of DUI manslaughter. The theory at issue is driving with an unlawful blood alcohol level...
State v. Farrall - 2/6/2002
The state seeks certiorari review of the trial court's order which in effect precludes it from proceeding under an alternative theory of DUI manslaughter. The theory at issue is driving with an unlawful blood alcohol level (UBAL). ...
Department of Highway Safety and Motor Vehicles v. Sedxton - 2/1/2002
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Sam D. Pendino, Judge.
The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review of a circuit court order granting certiorari...
[W] Department of Highway Safety and Motor Vehicles v. Alliston - 1/18/2002
OPINION WITHDRAWN and substitute opinion filed March 13, 2002.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER, v. JOHN R. ALLISTON, RESPONDENT.
Enoch J. Whitney, General Counsel, and Kathy A. Jimenez,...
Department of Highway Safety and Motor Vehicles v. Silva - 1/9/2002
Petition for Writ of Certiorari to the Circuit Court for the Twelfth Judicial Circuit for Sarasota County; sitting in its appellate capacity.
The Department of Highway Safety and Motor Vehicles (Department) seeks review of a...
Department of Highway Safety and Motor Vehicles v. Critchfield - 1/4/2002
Appeal from the Circuit Court for Orange County, James C. Hauser, Judge.
The Department of Highway Safety and Motor Vehicles (DHSMV) appeals from a final judgment entered in favor of Robert Critchfield. The trial court granted...
City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck Vin#1FTCR10A4VTA62475 - 1/2/2002
The City of Coral Springs appeals from the trial court order denying its petition for probable cause for forfeiture of a 1997 Ford Ranger Pickup Truck, VIN 1FTCR10A624VTA62475, FL Tag #U16BDE.
The City of Coral Springs (City)...
Donaldson v. State - 1/2/2002
Appellant was charged by information with two counts of possession of a controlled substance. After waiving a jury trial, the case proceeded to a bench trial. Prior to trial, defense counsel moved to suppress the controlled substance,...
Manna v. State - 1/2/2002
James T. Manna appeals the trial court's denial of his motion to dismiss the charge of introducing contraband into a county detention facility. He argues that the motion should have been granted because he did not voluntarily introduce...
Department of Highway Safety and Motor Vehicles v. Neff - 12/28/2001
Petition for Certiorari Review of Order from the Circuit Court for Seminole County, Acting in its Appellate Capacity.
The petitioner, State of Florida, Department of Highway Safety and Motor Vehicles (hereinafter the Department)...
Matin v. Hill - 12/19/2001
Soheyla Matin (mother) appeals a non-final order denying her motion to dissolve an ex parte child pick-up order granted in favor of John Hill (father). We reverse because the trial court order awarding temporary custody to the father...
L.S. v. State - 12/17/2001
An appeal from the Circuit Court for Alachua County. Judge Ysleta McDonald.
This appeal requires us to review a finding that section 943.325, Florida Statutes, is constitutional as applied to appellant. We affirm.
This...
Lawrence v. State - 12/14/2001
Appeal from the Circuit Court for Polk County; Robert A. Young, Judge.
EN BANC
Donna R. Lawrence appeals a judgment adjudicating her guilty of DUI manslaughter and leaving the scene of an accident involving death. We affirm...
Breen v. State - 12/12/2001
Kevin L. Breen filed a motion in county court seeking to set aside his 1973 DUI conviction. In 1997, the circuit court found that the 1973 conviction was not a constitutional valid conviction for enhancement purposes. Breen had been...
Wransky v. Dalfo - 12/12/2001
In appealing a $7.5 million punitive damages award, which it claims is excessive, the defendant's insurance company raises two issues: (1) whether a chose in action for an insurer's failure to pay a punitive damages award may be...
Curtis v. State - 12/7/2001
An appeal from the Circuit Court for Santa Rosa County. Paul A. Rasmussen, Judge.
The appellant challenges an order of the trial court summarily denying as untimely his motion filed pursuant to Fla. R. Crim. P. 3.850. We reject...
Bass v. State - 12/7/2001
Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge.
Jack V. Bass was convicted of driving under the influence of alcohol and thereby causing a death, a violation of sections 316.193(1), and...
Dodge v. State - 12/6/2001
ON MOTION FOR REHEARING, REHEARING EN BANC, CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE, CERTIFICATION OF CONFLICT
We grant appellee's motion for rehearing, withdraw our prior opinion, and substitute the following in its...
Rodgers v. State - 12/5/2001
Defendant was convicted of driving while his license was revoked as a habitual traffic offender. He argues that the state's proof of his prior traffic convictions for driving while license suspended (DWLS) failed as a matter of law....
Taylor v. State - 11/30/2001
Appeal from the Circuit Court for Brevard County, Jere E. Lober, Judge.
In 1996, Taylor pled to armed burglary, grand theft of a firearm, and "simple" grand theft (grand theft of items which did not include a firearm). Although...
Finizio v. State - 11/28/2001
Frederick Finizio appeals an order denying his motion to suppress evidence. He argues that the sheriff's deputy lacked a reasonable or well-founded suspicion to make an investigatory stop. We affirm.
Deputy Alfred Araujo...
Jenigen v. State - 11/28/2001
Appeal from the Circuit Court for Charlotte County; Donald E. Pellecchia, Judge.
Brian Jenigen challenges his sentences imposed after the revocation of his community control. Jenigen alleges that the sentences amounted to upward...
Jones v. State - 11/28/2001
Earnest Jones was driving his truck when he was stopped by City of West Palm Beach traffic officers during a "vehicle safety inspection." During the stop, a participating narcotics officer noticed marijuana seeds in the rear of the...
D'Amario v. Ford Motor Co. - 11/21/2001
Petition for rehearing filed December 6, 2001. Petition for rehearing denied January 22, 2002.
KAREN D'AMARIO, INDIVIDUALLY AND ON BEHALF OF CLIFFORD HARRIS, A MINOR, AND CLIFFORD HARRIS, INDIVIDUALLY, PETITIONERS, v. FORD MOTOR...
John v. Coisman - 11/16/2001
Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge.
St. John, the defendant below, appeals from an adverse final judgment, after a jury trial which awarded Coisman compensatory damages of $102,500.00, ...
Cunningham v. State - 11/16/2001
3.850 Appeal from the Circuit Court for Osceola County, Ronald A. Legendre, Acting Circuit Judge.
Cunningham appeals from the trial court's summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850,...
Langbaum v. State - 11/14/2001
En Banc
In Hines v. State, 358 So. 2d 183, 185 (Fla. 1978), our supreme court held that probation may not be permanently revoked upon a mere arrest. Several years later we relied on that decision in Palmer v. State, 603 So. 2d...
Szabo v. State - 11/9/2001
Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge.
Christopher Szabo appeals from his judgment and sentence for burglary entered upon revocation of probation and argues that the exclusionary rule...
Department of Highway Safety and Motor Vehicles v. Cochran - 10/26/2001
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity.
ON MOTION FOR REHEARING AND MOTION FOR CLARIFICATION
We grant respondent's motion for rehearing and...
Servis v. State - 10/26/2001
Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.
Dennis Wayne Servis appeals his conviction for DUI manslaughter pursuant to section 316.193(3)(a)(b)(c)(3), Florida Statutes (1999). He was convicted...
Department of Highway Safety and Motor Vehicles - 10/26/2001
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, acting in its Appellate Capacity.
The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of...
State v. VanBebber - 10/26/2001
Appeal from the Circuit Court for Collier County; William L. Blackwell, Judge.
The State appeals the downward departure imposed in this tragic case involving death and personal injury caused by drunken driving. We affirm but...
Department of Highway Safety & Motor Vehicles v. Lazzopina - 10/19/2001
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County Acting in its Appellate Capacity.
The State of Florida, Department of Highway Safety and Motor Vehicles ["Department"] seeks certiorari review...
State v. Chapman - 10/19/2001
Appeal from the Circuit Court for Sarasota County; Stephen L. Dakan, Judge.
The State seeks review of the downward departure sentence entered after Terrell Chapman entered a plea to the charge of fourth or subsequent violation of...
Hinman v. Department of Highway Safety and Motor Vehicles - 10/12/2001
Petition for Certiorari Review of Order from the Circuit Court for Brevard County, John Dean Moxley, Judge.
Hinman seeks certiorari review of a circuit court's denial of his petition for writ of certiorari to quash the suspension...
Department of Highway Safety and Motor Vehicles v. Fiorenzo - 10/5/2001
Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity.
The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of the...
Department of Highway Safety and Motor Vehicles v. Dehart - 10/5/2001
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, acting in its Appellate Capacity.
The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of an...
Bover v. State - 10/4/2001
We have for review the decision in Bover v. State, 732 So. 2d 1187, 1192 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the decisions of the Second District Court of Appeal in Bell v. State, 693...
Vichich v. Department of Highway Safety and Motor Vehicles - 9/21/2001
Petition for Writ of Certiorari from the Circuit Court for Pinellas County; Charles W. Cope, Judge.
Andrew Vichich seeks certiorari review of a circuit court order that denied his request for certiorari relief from an...
Scharf v. State - 9/21/2001
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Dee Anna Farnell, Judge.
Lyle Scharf challenges the order of the trial court summarily denying his motion filed pursuant to Florida Rule...
State v. Fahner - 9/19/2001
A Writ of certiorari to the Circuit Court for Dade County, Thomas Spencer, Sr., Judge.
Under Florida law, a subpoena can be issued for an individual's hospital records upon "proper notice by the party seeking such records to the...
State v. Wittman - 9/19/2001
As amended October 3, 2001
The State of Florida appeals from an order of the lower court declaring section 322.34(5), Florida Statutes (1997), unconstitutional on the ground that chapter 97-300, Laws of Florida, violates the...
Tyner v. State - 9/12/2001
Petition for Review Denied April 2, 2002
Stephen Tyner challenges his judgment and sentence for driving under the influence of alcohol/manslaughter (DUI manslaughter) and DUI causing property damage in violation of section...
Smith v. State - 9/6/2001
An appeal from Circuit Court of Wakulla County. N. Sanders Sauls, Judge.
The appellant in this direct criminal appeal challenges her conviction pursuant to section 316.193(3)(c)2, Florida Statutes. Because we conclude that this...
Maxwell v. State - 8/17/2001
Appeal from the Circuit Court for Volusia County, Robert K. Mathis, Judge.
Mark Jack Maxwell appeals his judgment and sentence for felony driving under the influence; felony driving while license suspended, revoked, or canceled;...
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