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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State v. Allende - 8/15/2001
An Appeal from the Circuit Court for Dade County, Victoria Platzer, Judge.
While the defendant was searching in the glove compartment for his registration after a concededly valid traffic stop for driving with an expired tag,...
Hyundai Motor Co. v. Ferayorni - 8/15/2001
ON MOTIONS FOR REHEARING, REHEARING EN BANC, AND CLARIFICATION
This cause is before us on appellee's motions for rehearing, rehearing en banc, and clarification. We deny the motion for rehearing en banc, but grant the motion for...
Department of Highway Safety and Motor Vehicles v. Cochran - 8/10/2001
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity.
Petitioner State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of the...
Department Of Highway Safety and Motor Vehicles v. Russell - 8/3/2001
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County Acting in its Appellate Capacity
Petitioner, State of Florida, Department of Highway Safety and Motor Vehicles (Department), seeks certiorari...
Kiste v. State - 8/3/2001
Appeal from the Circuit Court for Orange County, Theotis Bronson, Judge.
Charles Tod Kiste appeals his sentence following the revocation of his probation. On appeal, Kiste argues that the trial court used an incorrect sentencing...
Hembree v. State - 8/3/2001
Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge.
Hembree appeals from his convictions and sentences for DUI/manslaughter and two counts of DUI causing injury. This case arose out of an automobile...
Rafferty v. State - 8/1/2001
Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.
Cornelius G. Rafferty appeals his judgments and sentences for DUI manslaughter and DUI serious bodily injury. We find merit in two of the issues Rafferty...
Department of Highway Safety and Motor Vehicles v. Mowry - 7/20/2001
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 (the Department) seeks certiorari review...
Cameron v. State - 7/18/2001
While driving his boat at a high rate of speed defendant collided with another boat and killed six people. After the accident, defendant was rushed to the hospital where, the odor of alcohol from his breath being apparent to hospital...
Smenner v. State - 7/18/2001
In State v. Harbaugh, 754 So. 2d 691 (Fla. 2000), the Florida Supreme Court held that, if prior convictions are elements of a crime, the prior convictions must be established by proof beyond a reasonable doubt. Appellant was convicted...
Riggins v. State - 7/13/2001
An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge.
The appellant challenges the trial court's order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal...
State v. Menna - 7/13/2001
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Maura T. Smith, Judge.
The state seeks certiorari review of an order of the trial court excluding evidence of the defendant's failure to submit to...
Young v. State - 7/6/2001
3.850 Appeal from the Circuit Court for Orange County, Stan Strickland, Judge.
Darryl M. Young appeals the summary denial of his motion for post conviction relief. We affirm in part, and reverse in part.
Young pleaded no...
Hodgdon v. State - 7/5/2001
We have for review the decision in Hodgdon v. State, 764 So. 2d 872 (Fla. 4th DCA 2000), which certified conflict with the decision in Bailey v. State, 634 So. 2d 171 (Fla. 1st DCA 1994). We have jurisdiction. See art. V, § 3(b)(4),...
Whipple v. State - 6/27/2001
We reverse the court's denial of his motion to withdraw plea and hold that the trial court erred in permanently revoking appellant's driver's license.
Appellant was charged by Information with DUI with serious bodily injury...
Richardson v. State - 6/22/2001
Appeal from the Circuit Court for Volusia County, Richard B. Orfinger, Judge.
Richardson appeals his judgment and sentence for DUI manslaughter and raises two issues. His first complaint suggests that the standard jury...
Dreamland Ballroom and Social Dance Club - 6/20/2001
"The Strip" is a club that provides entertainment to adults consisting of stage performances and lap dances, all done by nude women. It does not serve alcoholic beverages. Since 1984 the Strip has been designated as a private club on...
Jackson v. State - 6/20/2001
ON MOTION FOR REHEARING
Jackson's motion for rehearing is denied. However, we withdraw our opinion of May 2, 2001, and substitute the following:
We affirm Jackson's conviction and sentence for the offense of felony driving...
State v. Rivers - 6/13/2001
As amended September 26, 2001.
STATE OF FLORIDA, APPELLANT, v. PATRICK JOHN RIVERS, APPELLEE.
Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellant....
Goodwin v. State - 6/13/2001
Charles Goodwin and William Kemp petition this court for a writ of prohibition directing the circuit court to dismiss the State's appeal. Petitioners allege that the State failed to timely file a notice of appeal from a suppression...
Hall v. State - 6/8/2001
3.800 Appeal from the Circuit Court for Volusia County, C. McFerrin Smith, III, Judge.
Appellant pled guilty to DUI manslaughter pursuant to an agreement with the State for a sentence of 144 months incarceration. The 1995...
Creel v. District Board of Trustees of Brevard Community College - 6/8/2001
Administrative Appeal from the District Board of Trustees of Brevard Community College.
Lloyd Creel appeals the final order entered by the District Board of Trustees of Brevard Community College (the Board) terminating his...
Allstate Indemnity Co. v. Wise - 5/30/2001
Appeal from the Circuit Court for Pinellas County; Thomas E. Penick, Judge.
Allstate Indemnity Company complains of the circuit court's refusal to declare that the appellees' injury claims were excluded from coverage under an...
Ferrer v. State - 5/23/2001
Jeff Ferrer seeks certiorari review of an opinion of the circuit court, sitting in its appellate capacity, that affirmed his conviction and sentence for driving under the influence of alcohol and/or a controlled substance. We deny the...
State v. Meeham - 5/18/2001
Petition for Writ of Certiorari to the Circuit Court for Lee County, sitting in its appellate capacity.
The Department of Highway Safety and Motor Vehicles (Department) petitions this court for a writ of certiorari to quash the...
Brown v. State - 5/18/2001
Appeal from the Circuit Court for Hillsborough County; Ralph Steinberg, Judge.
Johnny Brown appeals his conviction and sentence for opposing a law enforcement officer with violence. Brown raises three issues on appeal, only one...
Rinaldo v. State - 5/16/2001
David Rinaldo appeals his judgments of conviction for carrying a concealed firearm and driving under the influence (DUI). We affirm on all issues raised by appellant but write to address his contention that the trial court erred in...
State v. Porter - 5/4/2001
Petition for writ of certiorari to the Circuit Court for Pasco County.
On Ronald Porter's petition for a writ of certiorari, the circuit court quashed an order of a Department of Highway Safety and Motor Vehicles hearing officer...
Smith v. State - 5/4/2001
Appeal from the Circuit Court for Hillsborough County, William Fuente, Judge.
William Smith challenges his conviction for grand theft in the third degree. While we find no merit in three of Smith's four issues, we reverse due to...
Jackson v. State - 5/2/2001
We affirm Jackson's conviction and sentence for the offense of felony driving under the influence.
At the hearing as to the felony portion of the DUI offense, the state requested the trial judge to take judicial notice of...
Roedel v. State - 12/29/2000
Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
Roedel appeals from his adjudication and sentencing for driving with a suspended or revoked license, and driving a motor vehicle without a valid license. ...
Nagel v. State - 12/27/2000
ON REMAND FROM THE SUPREME COURT
The supreme court quashed this court's decision in Nagel v. State, 739 So. 2d 1242 (Fla. 4th DCA 1999), and remanded for further proceedings in light of its opinion in Goodwin v. State, 751 So. 2d...
Jones v. State - 12/27/2000
Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for DeSoto County; James S. Parker, Judge.
Shawna Lanier Jones appeals the summary denial of her motion for post-conviction relief filed pursuant to Florida Rule...
Gonzalez v. State - 12/27/2000
Appeal from the Circuit Court for Manatee County; Peter A. Dubensky, Judge.
Enrique Gonzalez appeals his sentences for DUI manslaughter and DUI with severe bodily injury for events occurring on May 23, 1997. The sentences were...
Gray v. State - 12/22/2000
3.800 Appeal from the Circuit Court for Flagler County, Kim C. Hammond, Judge.
Jay Austin Gray appeals the denial of his Rule 3.800(a) motion. We reverse with directions to the trial court.
Gray entered pleas of guilty to...
Campbell v. State - 12/15/2000
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in Its Appellate Capacity.
Petitioner seeks issuance of a writ of certiorari to review the decision of the circuit court affirming the...
State v. Miles - 11/30/2000
We have for review State v. Miles, 732 So. 2d 350 (Fla. 1st DCA 1999), wherein the court certified the following question to be of great public importance:
WHERE THE STATE LAYS THE THREE-PRONGED PREDICATE FOR ADMISSIBILITY OF...
State Department of Highway Safety and Motor Vehicles v. Davis - 11/28/2000
Petition for Writ of Certiorari - Original Jurisdiction.
The Department of Highway Safety and Motor Vehicles (Department) petitions for writ of certiorari following the lower court's entry of an order granting certiorari and...
Wood v. State - 11/22/2000
Clifford Allen Wood timely appeals after a jury convicted him of two counts of driving under the influence ("DUI") with serious bodily injury and one count of DUI with property damage that arose from a single traffic accident. He...
State v. Lainez - 11/22/2000
We affirm, in part, an order granting Lainez's motion to dismiss for lack of jurisdiction.
Lainez was charged with felony DUI, pursuant to section 316.193, Florida Statutes, based on five prior DUI convictions. It is undisputed...
Benigno v. State - 11/22/2000
Appellant was charged with DUI and noticed to appear in county court. While the charges were pending, appellant took an appeal to circuit court; however, the circuit court dismissed his appeal because it was not taken from an...
Pelham v. State - 11/15/2000
Appeal from the Circuit Court for Desoto County; James S. Parker, Judge.
James Dale Pelham appeals his convictions and sentences for DUI manslaughter and leaving the scene of an accident involving death. We affirm Pelham's...
Moore v. State - 11/9/2000
3.850Appeal from the Circuit Court for Marion County, David Eddy, Judge.
Moore appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 for post-conviction relief. He raises various...
Thistle v. State - 11/3/2000
3.800 Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge.
John Thistle appeals the summary denial of his motion for jail time credit filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. After...
Sienkiewicz v. Intrepid Powerboats - 11/1/2000
Appeal from the Unemployment Appeals Commission.
The Unemployment Appeals Commission affirmed a referee's determination that Suellen Sienkiewicz was disqualified from collecting benefits because she voluntarily left her job...
P.H. v. State - 10/27/2000
Appeal from the Circuit Court for Pasco County; Marc H. Salton, Judge.
P.H., a juvenile, appeals the trial court's order setting restitution in the amount of $640.98, which was based on damage claims arising out of a simple...
Sylvester v. State - 10/27/2000
Appeal from the Circuit Court for Marion County, William T. Swigert, Judge.
Roosevelt Sylvester appeals his conviction and sentence for felony driving with license suspended (DWLS). We reverse.
After the jury returned a...
Angel v. State - 10/18/2000
Appellant was convicted of felony driving under the influence. The main points of this appeal concern his attack on the use of prior DUI convictions to support the felony charge.
The existence of his prior convictions was...
Smith v. State - 10/13/2000
Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.
Defendant went to trial on charges of burglary of a structure, grand theft and possession of drug paraphernalia. He was convicted after a jury trial of...
Hunt v. State - 10/4/2000
Appeal from the Circuit Court for Pinellas County; Lauren C. Laughlin, Judge.
The appellant, Terranton Hunt, challenges two of his convictions arising out of an automobile accident. He was convicted of vehicular homicide/leaving...
State v. Kliphouse - 9/27/2000
The state appeals from an order suppressing the results of a blood alcohol test conducted on a blood sample taken from an unconscious motorist by medical personnel at the request of the police. We affirm.
Appellee was driving a...
Barns v. State - 9/27/2000
Petitioner Robert Barns was charged earlier this year with DUI manslaughter based on an automobile accident that resulted in the death of a nine-month-old child. He was released on a $100,000 bond. One of the conditions of his bond was...
Acosta v. State - 9/22/2000
Appeal from the Circuit Court for Pasco County; Marc H. Salton, Judge.
The appellant challenges the revocation of his community control and the sentences imposed thereon for two counts of felony driving under the influence...
Jorlett v. State - 9/22/2000
Appeal from the Circuit Court for Marion County, Thomas D. Sawaya, Judge.
Appellant, Raymond Jorlett ["Jorlett"] appeals from the judgment and sentence which were entered after a jury found him guilty of DUI. Jorlett raises four...
Baber v. State - 8/31/2000
As amended January 4, 2001. The Petitioner's Motion for Rehearing is hereby denied.
We have for review a decision on the following question certified to be of great public importance:
DOES LOVE V. GARCIA, 634 So.2d 158...
Williams v. State - 8/30/2000
An appeal from the Circuit Court for Jefferson County. F.E. Steinmeyer, Judge.
Robert Lee Williams appeals his sentence following his conviction of DUI manslaughter and DUI causing serious bodily injury. Appellant argues that he...
Coyne v. State - 8/30/2000
Upon mandate issued in this case by the Florida Supreme Court following its decision in State v. Harbaugh, No. SC93037, 2000 WL 256102 (Fla. Mar. 9, 2000), we reverse appellant's conviction for felony DUI and remand this case to the...
Butler v. State - 8/16/2000
In this appeal from his convictions for bribery, conspiracy to commit bribery, and accepting illegal campaign contributions, appellant has raised one ground that merits discussion: whether the trial court erred by failing to conduct a...
Hodgdon v. State - 8/9/2000
Allen Hodgdon appeals his consecutive sentences for two counts of DUI manslaughter and two counts of DUI with serious bodily injury. He contends that the trial court erred when it revoked his probation and re-sentenced him without...
Edwards v. State - 8/9/2000
An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Pedro P. Echarte, Jr., Judge.
CONFESSION OF ERROR
Defendant Walter Edwards appeals from an order of the lower court denying his motion to...
Edwards v. State - 8/2/2000
An appeal from the Circuit Court for Monroe County, Richard Payne, Judge.
Kirt Edwards appeals his convictions and sentences for driving under the influence with serious bodily injury, two counts of driving under the influence...
Davis v. State - 7/19/2000
Shannetta Davis appeals her conviction and sentence for DUI manslaughter and driving with a suspended or revoked license. We affirm appellant's conviction for DUI manslaughter but reverse her sentence upon the state's concession that...
State v. Beck - 7/19/2000
We reverse Beck's downward departure sentence entered on his guilty plea to charges of felony driving under the influence and driving with a suspended license. The record supports the state's position that the trial court's reasons for...
Raulerson v. State - 7/13/2000
As amended July 24, 2000
We have for review the Fifth District Court of Appeal's decision in Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997); the First District Court of Appeal's decision in State v. Gloster, 703 So. 2d...
Merck v. State - 7/13/2000
Troy Merck, Jr. appeals the death sentence imposed upon him after a remand for resentencing. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed herein, we reverse Merck's sentence of death and remand this...
Matthews v. State - 7/7/2000
Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.
Appellant, Julie Matthews, appeals the trial court's denial of her motion to compel the Florida Department of Law Enforcement to issue a certificate of...
Harter v. State - 6/23/2000
Appeal from the Circuit Court for Manatee County; Peter A. Dubensky, Judge.
Jonathon Aaron Harter appeals his sentences for two counts of DUI manslaughter, one count of DUI with serious bodily injury, and two counts of DUI with...
State v. Kline - 6/23/2000
Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity.
The defendant, Philip Kline, was arrested for DUI and refused to take a blood alcohol test. He filed a motion...
Barber v. State - 6/23/2000
Appeal from the Circuit Court for Polk County; Ronald A. Herring, Judge.
Gwendolyn Barber challenges her judgment and sentence for driving under the influence with serious bodily injury. Barber's counsel filed a brief pursuant...
Solino v. State - 6/21/2000
Barry Solino appeals his conviction and sentence for escape. Solino was charged by information with one count of escape in violation of sections 944.40 and 951.24(4), Florida Statutes (1997). Solino filed two separate motions to...
Bridger v. State - 6/16/2000
Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.
Connie Bridger appeals her judgment and sentence for DUI with serious injury. Among other things, Bridger challenges the constitutionality of the 1995...
Temporary Labor Source v. E.H. - 6/8/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal and cross-appeal from an order of Judge of Compensation Claims Howard Scheiner.
This is an appeal and cross-appeal from...
Carrol v. State - 5/24/2000
Appeal from the Circuit Court for Charlotte County; Cynthia A. Ellis, Judge.
Appellant pleaded nolo to driving under the influence and driving with a suspended license. He challenges the trial court's denial of his motion to...
Eckard v. State - 5/19/2000
Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge.
Appellant, Jay Eckard, appeals a judgment and sentence.
Appellant was charged by information with manslaughter by driving under the influence and...
Nagel v. State - 5/17/2000
Richard Nagel appeals the revocation of his probation. He contends that his violation of a stockade rule did not constitute a violation of condition five of the probation order. He also contends that the trial court erred in failing to...
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