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.
Page 1 2 3 4 5 6 7 8
State Dept. of Highway Safety and Motor Vehicles v. Begley - 5/8/2000
Petitions for writs of certiorari--original jurisdiction
The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review in four cases where the circuit court entered stays of driver's license suspensions...
State v. Atkinson - 5/5/2000
9.160 Appeal from the County Court for Volusia County, Mary Jane Henderson, Judge.
The Volusia County court dismissed pending DUI cases against multiple defendants on the ground of double jeopardy. In each of the cases the...
Jones v. State - 5/1/2000
An appeal from the Circuit Court for Escambia County. Frank Bell, Judge.
In this direct appeal, Appellant claims his sentence of six months incarceration followed by one year probation for a first DUI is an illegal sentence. An...
Sieniarecki v. State - 4/27/2000
We have for review a challenge to the constitutionality of section 825.102(3), Florida Statutes (1997), which, in pertinent part, penalizes " caregiver's [culpably negligent] failure or omission to provide . . . disabled adult with...
Department of Highway Safety and Motor Vehicles v. Farr - 4/20/2000
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 & Motor Vehicles (Department) seeks certiorari review...
Fescke v. State - 4/19/2000
Robert Fecske appeals after a jury convicted him of unlawful blood alcohol (UBAL) manslaughter under section 316.193, Florida Statutes (1995). Of the six points he raises on appeal, we write to address only one. We hold the trial...
Shearin v. State - 4/14/2000
Appeal from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.
Jennifer Ann Shearin appeals a judgment and sentence on two counts of possession of a controlled substance. She pleaded nolo contendere, reserving...
State v. Olivo - 4/6/2000
We have for review the decision in State v. Olivo, 717 So. 2d 620 (Fla. 3d DCA 1998), which certified conflict with the decisions in Parr v. State, 415 So. 2d 1353 (Fla. 4th DCA 1982), and Bell v. State, 479 So. 2d 308 (Fla. 2d DCA...
Ellis v. State - 4/5/2000
Mark Ellis pled nolo contendere to felony DUI, reserving the right to appeal the trial court's denial of his motion to suppress. On appeal, Ellis contends that the stop of his vehicle on the evening of March 7, 1998, was not justified....
Mansfield v. State - 3/30/2000
We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Scott Mansfield. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the conviction and death sentence.
On the morning of...
In re Standard Jury Instructions-Criminal Cases - 3/30/2000
The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to this Court proposed amendments to the Florida Standard Jury Instructions in Criminal Cases. We have jurisdiction. See art. V, § 2(a), Fla....
Thomas v. Jenne - 3/29/2000
Petitioner Robert Thomas was charged by information with grand theft and resisting arrest without violence. After his arrest, he was released after posting a $1,000 bond. He failed to appear for arraignment. A "no bond" capias was...
Knight v. State - 3/29/2000
Appellant was found guilty by a jury of DUI manslaughter/leaving the scene of an accident. We reverse the conviction and remand for a new trial because it was error to introduce evidence of appellant's prior DUI conviction.
In...
Wald v. City of Margate - 3/29/2000
The issue presented by this appeal is whether an appellee, Officer Edstrand of the City of Margate, has qualified immunity as a matter of law in this civil rights action brought under 42 U.S.C. § 1983. The facts underlying the claim...
State Department of Highway Safety and Motor Vehicles v. Peterson - 3/24/2000
Petition for Writ of Certiorari to the Circuit Court for Lee County; William C. McIver, Judge.
The Department of Highway Safety and Motor Vehicles (DMV) seeks certiorari review of a circuit court order staying a driver's license...
Coyne v. State - 3/23/2000
We have for review Coyne v. State, 732 So. 2d 455 (Fla. 4th DCA 1999), in which the Fourth District Court of Appeal affirmed the trial court in a per curiam decision without a written opinion, citing Harbaugh v. State, 711 So. 2d 77,...
State v. Chamizo - 3/22/2000
A Writ of Certiorari to the Circuit Court for Dade County, Michael B. Chavies, Jeri B. Cohen, and Lester Langer, Judges.
On Motion for Rehearing and Clarification
On consideration of the defendant-respondent's motion for...
Trombley v. State - 3/17/2000
Appeal from the Circuit Court for Brevard County, J. Preston Silvernail, Judge.
Trombley appeals from his judgments and sentences for driving under the influence with serious bodily injuries, and two counts of driving under the...
Department of Highway Safety and Motor Vehicles v. Perry - 3/17/2000
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity,
The Department of Highway Safety and Motor Vehicles petitions this court for a writ of certiorari to quash...
In re M.A.R. - 3/16/2000
Petitioner M.A.R. asks this Court to review the recommendations of the Florida Board of Bar Examiners. We have jurisdiction. Art. V, § 15, Fla. Const. For the reasons expressed below, we approve the Board's recommendation that M.A.R....
Wood v. State - 3/13/2000
An appeal from the Circuit Court for Okaloosa County. Jere Tolton, Judge.
Appellant appeals her convictions and sentences for felony driving under the influence and felony driving with a suspended or revoked license. We AFFIRM...
State v. Bostick - 3/10/2000
Appeal from the Circuit Court for Orange County, Jay Paul Cohen, Judge.
This is an appeal from an order granting a motion to suppress evidence which appellee had claimed was seized as a result of an illegal search and seizure. ...
Tellier v. State - 3/10/2000
Appeal from the Circuit Court for Marion County, Thomas D. Sawaya, Judge.
Timothy Tellier appeals his convictions and sentences for DUI manslaughter, DUI with damage to a person or property, leaving the scene of an accident...
State v. Harbaugh - 3/9/2000
We have for review a district court's decision on the following question, certified to be of great public importance.
WHERE A DEFENDANT REQUESTS THAT THE JURY DETERMINE THE EXISTENCE OF PRIOR DUI CONVICTIONS IN A FELONY DUI...
Patterson v. State - 3/8/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Hillsborough County; Robert J. Simms, Judge.
Alec M. Patterson appeals...
In re Florida Board of Bar Examiners - 3/2/2000
Petitioner P.K.B. asks this Court to review the recommendations of the Florida Board of Bar Examiners. We have jurisdiction. Art. V, § 15, Fla. Const.
P.K.B. filed an application for admission to The Florida Bar on April 10,...
In re Florida Board of Bar Examiners P.K.B. - 3/2/2000
Petitioner P.K.B. asks this Court to review the recommendations of the Florida Board of Bar Examiners. We have jurisdiction. Art. V, § 15, Fla. Const.
P.K.B. filed an application for admission to The Florida Bar on April 10,...
Persaud v. State - 3/1/2000
Floyd Persaud appeals his convictions of two counts of manslaughter by culpable negligence and three counts of culpable negligence. See §§ 782.07(1), 784.05(2), Fla. Stat. (1999). We affirm, and write to address one issue. ...
Beall v. State - 2/18/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Hillsborough County; William Fuente, Judge.
In this appeal pursuant to Anders v. California, 386 U.S. 738...
Dover v. State - 2/16/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Escambia County. Laura N. Melvin, Judge.
Appellant, Brian Dover, appeals his sentence, arguing...
Filan v. State - 2/9/2000
Richard Filan appeals his conviction of felony driving under the influence.
On September 2, 1997, Filan was involved in an automobile accident with two other cars, which caused injury to two persons. The police officer who...
Department of Highway Safety and Motor Vehicles v. Olivie - 2/9/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
A Writ of Certiorari to the Circuit Court for Dade County, Appellate Division, Juan Ramirez, Jr., Judge.
Petitioner, Department of Highway...
Craig v. State - 2/9/2000
We affirm Craig's conviction and sentence, but reverse the order of restitution. Craig was convicted of two DUI with property damage counts and acquitted on one count of leaving the scene.
Craig asserts that the trial court erred...
State v. Sandt - 1/19/2000
Appeal from the Circuit Court for Pinellas County; Lauren C. Laughlin, Judge.
The State challenges an order granting, in part, Robert Sandt's motion in limine and motion to suppress blood-alcohol test results in this DUI case....
State v. Chamizo - 1/19/2000
A Writ of Certiorari to the Circuit Court for Dade County, Michael B. Chavies, Jeri B. Cohen, and Lester Langer, Judges.
The Department of Highway Safety and Motor Vehicles petitions for a writ of certiorari seeking to quash a...
State Department of Highway Safety and Motor Vehicles v. Chamizo - 1/19/2000
The Department of Highway Safety and Motor Vehicles petitions for a writ of certiorari seeking to quash a decision of the circuit court sitting in its appellate capacity. We grant the petition.
I.
Defendant-respondent...
Klossett v. State - 1/19/2000
The defendant pled no contest to felony DUI, specifically reserving his right to appeal the denial of his motion to suppress. He now appeals, arguing that the State's failure to give him notice prior to subpoenaing his medical records...
Apple v. State - 1/7/2000
Appeal from the Circuit Court for Citrus County, J. Michael Blackstone, Judge.
Walter Apple III appeals the trial court's denial of his motion for arrest of judgment, his conviction and sentence. We reverse.
Apple was...
Lanoue v. Florida Department of Law Enforcement - 12/29/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from an order of the Division of Administrative Hearings.
In this case, Gary Lanoue appeals an order entered by an...
Deel v. State - 12/23/1999
Appeal from the Circuit Court for Volusia County, John V. Doyle, Judge.
Robin Deel appeals the circuit court's refusal to issue a writ of prohibition that would prevent the county court from conducting a trial to determine her...
State v. Oehling - 12/23/1999
Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge.
The State of Florida appeals the order granting William J. Oehling's ["Oehling"] motion for post-conviction relief.
On March 25, 1992, the State...
Enterprise Leasing Company v. Douglas - 12/23/1999
Petition for Writ of Prohibition, George W. Maxwell, III, Respondent Judge.
Enterprise Leasing Company has petitioned for a writ of prohibition disqualifying the trial judge, George W. Maxwell, III, from presiding in the instant...
State v. Hubbard - 12/16/1999
We have for review Hubbard v. State, 23 Fla. L. Weekly D2247 (Fla. 1st DCA Sept. 28, 1998), based upon certified conflict with Melvin v. State, 677 So. 2d 1317 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const....
Janos v. State - 12/15/1999
ON MOTION FOR REHEARING
We grant petitioner's motion for rehearing, withdraw our previously filed opinion, Janos v. State, 24 Fla. L. Weekly D1709 (Fla. 4th DCA July 21, 1999), and substitute the following.
Petitioner...
Searles v. State - 12/15/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Lee County; Jay B. Rosman, Judge.
Adam Frank Searles appeals his convictions and sentences for three counts...
Diaz v. State - 12/15/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
Ernesto Diaz (defendant), appeals from a final judgment of guilt of second degree murder and thirty year sentence.
The defendant was charged...
Ruffins v. State - 12/10/1999
Appeal from the Circuit Court for Putnam County, William A. Parsons, Judge.
Ruffins, after being advised that his maximum sentence would be five years, pled no contest to driving under the influence resulting in serious bodily...
State v. Haskins - 12/10/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Edward H. Ward, Judge.
The Department of Highway Safety and...
Valeo v. State - 12/8/1999
We have redesignated as a petition for writ of certiorari the appeal filed by James Valeo (Petitioner) from an order of the Broward County circuit court, in its appellate capacity. Valeo seeks review of the order dismissing his appeal...
Bowen v. State - 12/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
On petition for Writ of Certiorari from the Circuit Court for Dade County, Arthur H. Taylor, Stanford Blake, and Manuel A. Crespo, Judges. ...
Wilson v. State - 12/3/1999
Appeal from the Circuit Court for St. Johns County, Richard O. Watson, Senior Judge.
Freddie Wilson appeals his judgments and sentences which were imposed by the trial court after a jury found him guilty of DUI manslaughter, ...
Hernandez v. State - 11/24/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Jerald Bagley, Judge.
Tomas Hernandez appeals his convictions of burglary, grand theft, and...
State v. Townsend - 11/17/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from non-final order of the Circuit Court for Polk County; Robert A. Young, Judge.
Dean A. Townsend was charged by information with DUI...
State v. Finelli - 11/17/1999
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. Case No. 98-8647 CF10A.
ON MOTION FOR REHEARING OR REHEARING EN BANC AND/OR CERTIFICATION OF A QUESTION OF GREAT...
Jones v. State - 11/12/1999
We have on appeal the judgment and sentence of the trial court imposing the death penalty upon David Wyatt Jones. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm the conviction and sentence.
I. FACTS ...
Pierce v. State - 11/3/1999
We affirm in part and reverse in part Pierce's conviction and sentence. Pierce's conviction on vehicular homicide/leaving the scene of an accident involving death (count I) is affirmed. We also affirm the convictions and sentences as...
State v. Davidson - 11/3/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Lee County; Isaac Anderson, Jr., Judge.
The State appeals the order suppressing the cocaine found during a...
West v. State - 10/29/1999
Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.
Thomas West appeals his convictions for the crimes of DUI manslaughter and driving while license suspended. He contends that the lower court erred in...
Debonis v. State - 10/27/1999
John Debonis appeals an order denying his motion for post-conviction relief. We reverse, because the trial court erred in deciding the case as a matter of law based on the content of the original plea colloquy, without resolving the...
Ferris v. State - 10/27/1999
Appellant was convicted of D.U.I. and appeals on three grounds. He argues that the trial court erred in admitting a videotape of the incident, in allowing the prosecutor to argue in closing that he had "actual physical control of the...
Ledlow v. State - 10/20/1999
Ronald W. Ledlow, the appellant, pled nolo contendere to misdemeanor DUI (count I) and to felony driving with a suspended license (count II). Ledlow was sentenced to 21.4 months incarceration for count II and to thirty days in the...
State Department of Highway Safety and Motor Vehicles v. Abbey - 10/20/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Manuel Menendez, Jr., Judge.
The State of Florida, Department of...
Thomas v. State - 10/14/1999
We have for review State v. Thomas, 711 So. 2d 1241 (Fla. 2d DCA 1998), which expressly and directly conflicts with the opinion in State v. Howard, 538 So. 2d 1279 (Fla. 5th DCA 1989). We have jurisdiction pursuant to article V,...
State v. Jettinghoff - 10/13/1999
We reverse the trial court's dismissal of appellee's felony DUI charges, and remand for further proceedings, on authority of State v. Swartz, 734 So. 2d 448 (Fla. 4th DCA1999). In Swartz we rejected both arguments appellee now raises...
Gonzales v. State - 10/13/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Dade County, Roberto M. Pineiro, Judge.
Defendant appeals from judgments of conviction for manslaughter...
Smith v. State - 10/6/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Alachua County. Larry G. Turner, Judge.
In this criminal case, appellant Timmy D. Smith...
Dorelus v. State - 9/30/1999
We have for review State v. Dorelus, 720 So. 2d 543 (Fla. 4th DCA 1998), which expressly and directly conflicts with Carpenter v. State, 593 So. 2d 606 (Fla. 5th DCA 1992), and Taylor v. State, 552 So. 2d 1135 (Fla. 5th DCA 1989). We...
Hoffman v. State - 9/29/1999
Appellant was found to have violated his community control because he was DUI and appeals, arguing that the finding was an abuse of discretion. He argues that there was no willful violation in this case, where there was no evidence of...
State v. Mohlman - 9/22/1999
We reverse the trial court's dismissal of appellee's felony DUI charges, and remand for further proceedings, on authority of State v. Swartz, 743 So. 2d 448 (Fla. 4th DCA1999).
POLEN, SHAHOOD, JJ., and GLICKSTEIN, HUGH S., Senior...
State v. Wilson - 9/22/1999
We reverse the trial court's dismissal of appellee's felony DUI charges, and remand for further proceedings, on authority of State v. Swartz, 734 So. 2d 448 (Fla. 4th DCA 1999).
POLEN, SHAHOOD, JJ., and GLICKSTEIN, HUGH S.,...
Friedrich v. State - 9/17/1999
The defendant appeals her convictions and sentences for DUI-manslaughter and DUI-serious bodily injury. We affirm in all respects, but comment on the admissibility of medical blood test results as a business records exception to the...
State v. Finelli - 9/1/1999
The state appeals the trial court's dismissal of the information charging the defendant with felony DUI. The information alleged three prior misdemeanor DUI convictions; however, one of the convictions was pending appeal. The state...
Staveley v. State - 8/27/1999
Appeal from the Circuit Court for Volusia County, Robert W. Rawlins, Jr., Senior Judge.
Patrick R. Staveley appeals his conviction for DUI manslaughter on eight grounds. We conclude that none of the alleged errors requires...
Mundinac v. State - 8/20/1999
Appeal from the Circuit Court for Brevard County, J. Preston Silvernail, Judge.
The issue in this case, apparently not specifically addressed previously, is whether the principle of White v. State, 714 So. 2d 440 (Fla. 1998),...
Brakeall v. State - 8/20/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Manatee County; Peter A. Dubensky, Judge.
Clarence Brakeall appeals the...
Page 1 2 3 4 5 6 7 8
|
|