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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Colon v. State - 8/18/1999
We affirm appellant's conviction for two counts of driving under the influence ("D.U.I.") with serious bodily injury and two counts of D.U.I. with injury to property or person. See Melbourne v. State, 679 So. 2d 759, 765 (Fla. 1996) (a...
Kirby v. State - 8/17/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Gadsden County. William Gary, Judge.
Paul Kirby appeals his conviction for driving under the...
State v. Anthol - 8/11/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Petition for Writ of Certiorari to the Circuit Court for Lee County; R. Wallace Pack, Judge.
The State of Florida, Department of Highway...
Groves v. State - 8/3/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Escambia County. Frank Bell, Judge.
The defendant appeals a departure sentence for the felony...
Cunningham v. State - 7/30/1999
Appeal from the Circuit Court for Marion County, Thomas D. Sawaya, Judge.
David Michael Cunningham appeals his conviction for felony DUI. § 316.193(2)(b), Fla. Stat. (1997). We affirm.
One of the points raised by the...
Porter v. State - 7/30/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Lee County; Charles T. Carlton, (Senior) Judge.
The issue raised in this appeal is whether a motion for new...
Carter v. State - 7/21/1999
Under section 318.14(10), Florida Statutes (1995), persons cited for driving while license suspended (DWLS) under certain circumstances can have the citation resolved administratively through the clerk of the court and have...
Janos v. State - 7/21/1999
This case involves the same issue as was involved in Carter v. State, No. 98-2862 (Fla. 4th DCA July 21, 1999). We conclude that the petitioner's felony information for driving with a suspended license does not place him in double...
Ganey v. State - 7/16/1999
BY ORDER OF THE COURT:
Upon consideration of Appellant's motion for rehearing and suggestion for rehearing en banc, it is hereby ordered that the motion for rehearing is granted, the prior opinion filed May 19, 1999, is...
Glasser v. State - 7/14/1999
Jeffrey Glasser appeals his conviction and sentence for grand theft over $20,000.00; possession of a motor vehicle with an altered vehicle identification number ("VIN"); and operating a chop shop. He contends that the trial court erred...
Jowett v. State - 7/2/1999
Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
Stephen Jowett appeals an upward departure sentence imposed by the trial court without a valid written statement specifying the reason for departure as...
Pea v. State - 7/2/1999
Appeal from the Circuit Court for Lake County, Jerry T. Lockett, Judge.
Kenneth Pea was charged by amended information with burglary of a dwelling with a battery (Count I), felony battery (Count II) and possession of drug...
Larcher v. Department of Highway Safety & Motor Vehicles - 7/2/1999
Petition for Certiorari Review of Decision from the Circuit Court for Brevard County, Acting in its Appellate Capacity.
Petitioners William S. Larcher, Velma L. Betty and Jacques Lawlor seek certiorari review of the circuit...
State v. Brown - 7/2/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Polk County; Robert A. Pyle, Judge.
The State challenges an order which finds the offense of driving without...
State v. Witcher - 6/25/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal from the Circuit Court for Duval County. Henry E. Davis, Jr., Judge.
The state appeals an order dismissing the defendant...
Baber v. State - 6/23/1999
JANUARY TERM 1999
Appellant was convicted of DUI manslaughter and DUI with personal injury. He asserts that the trial court erred in allowing into evidence a blood alcohol report prepared for medical purposes at the hospital...
Ackerman v. State - 6/22/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Escambia County. Dedee Costello, Judge.
Kenneth J. Ackerman appeals his conviction for "DUI...
Claypoole v. State - 6/9/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Sarasota County; Robert W. McDonald, Judge.
Gary Claypoole pleaded no contest to one count each of driving...
State v. Gosier - 6/2/1999
The defendant in this case was charged with felony level driving on a suspended license. She was operating a motor vehicle while her driving privilege was suspended due to an habitual offender suspension. At the time of the defendant's...
Senteno v. State - 5/28/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Manatee County; Janette Dunnigan, Judge.
The appellant, Pedro J. Senteno, challenges his judgments and...
Scholz v. State - 5/26/1999
Joseph Scholz entered a no contest plea to DUI manslaughter and was sentenced to 126.4 months. On appeal, he argues that the court erred by including an additional 120 points for victim injury on his sentencing guidelines scoresheet....
City of Tallahassee v. Kovach - 5/19/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
Petition for writ of certiorari to review an order of the Circuit Court for Leon County, P. Kevin Davey, Judge.
The City of...
McGoey v. State - 5/19/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Ronald C. Dresnick, Judge.
Terrance McGoey appeals his conviction and sentence for driving...
Russ v. City of Jacksonville - 5/19/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal from the Circuit Court for Duval County. Brian Davis, Judge.
Henry R. Russ, Jr., appeals the final judgment in his false...
Sanchez v. Degoria - 5/19/1999
In this petition for writ of certiorari, Frank Sanchez, in his individual capacity, and Ken Jenne, as Sheriff of Broward County, seek to quash the lower court's order denying their motion to strike Respondent John S. Degoria's punitive...
Shingledecker v. State - 5/12/1999
Carl Shingledecker was convicted of driving under the influence and driving while his license was suspended. He raises two points on appeal, but only one merits Discussion.
During the trial, the state requested permission to...
State v. Swartz - 5/5/1999
The state appeals the dismissal of an information charging Brian Swartz with felony driving under the influence pursuant to section 316.193(1) & (2)(b). We reverse and remand for reinstatement of the information.
Swartz filed...
Gray v. State - 4/30/1999
Appeal from the Circuit Court for Seminole County, Seymour Benson, Judge.
Florida recognizes two types of reduced mental capacity defenses. First, there is the general insanity defense. This requires that the defendant, at the...
Nash v. General Motors Corp. - 4/28/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Dade County, Leonard Rivkind, Judge.
Appellant, Brian Nash, as the personal representative of the Estate...
State v. Pelicane - 4/14/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Monroe County, Stephen P. Shea, Judge.
The State appeals the trial court's refusal to adjudicate the...
Rix v. Jenne - 3/30/1999
Petitioner Brian Rix's bond on pending charges of battery on a law enforcement officer, possession of cocaine, and driving under the influence was revoked following his arrest for new criminal charges of possession of cocaine and...
Corpuz v. State - 3/24/1999
This is an appeal from appellant's conviction for sexual battery upon a person less than twelve years of age by a person eighteen years of age or older. Appellant contends that the trial court erred by failing to grant a judgment of...
Danielewicz v. State - 3/24/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Pinellas County; Raymond O. Gross and R. Timonthy Peters, Judges.
Claudia Danielewicz challenges the trial...
Williams v. State - 3/19/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Sarasota County; Nancy K. Donnellan, Judge.
Appellant challenges his judgment and sentence for DUI...
Johnson v. State - 3/17/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL CASE NO. 96-273
A Writ of Certiorari to the Circuit Court for Dade County, Appellate Division, Lauren Miller, Henry Harnage,...
Huebner v. State - 3/17/1999
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Robert S. Schwartz, Judge; L.T. Case No. 97-008927 TC A08.
Kristen Huebner pled no contest to a charge of driving while under the influence in...
State v. Whelan - 3/10/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Monroe County, Steven P. Shea, Judge.
The State appeals an order suppressing the results of roadside...
New Hampshire Insurance Co. v. Oliver - 3/3/1999
Appellant, New Hampshire Insurance Company ("New Hampshire"), appeals from a partial summary judgment entered in favor of Appellee, Randall Oliver ("Oliver") concluding that, as a matter of law, Oliver was entitled to uninsured...
Hartman v. State - 2/24/1999
Otto Donnie Hartman appeals his conviction and sentence for first-degree, premeditated murder. He argues that the trial court erred when it denied his motion for judgment of acquittal because the State failed to prove premeditation. We...
Roberts v. State - 2/24/1999
We deny this petition for certiorari seeking review of the final order of the circuit court acting in its appellate review capacity over a decision of the county court granting Roberts' motion to suppress evidence seized by a deputy...
Lamontague v. State - 2/12/1999
Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.
Appellant, after stopping for some beers on the way home from work, was involved in an accident causing serious bodily injuries to the driver and...
State v. Wichmann - 2/12/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Collier County; Cynthia A. Ellis, Acting Circuit Judge.
The State challenges the trial court order finding...
State v. Brown - 2/5/1999
Appeal from the Circuit Court for Hernando County, John Springstead, Judge.
The state appeals from the trial court's order, which suppressed Brown's blood alcohol test results in his DUI manslaughter trial.
The trial Judge...
State v. A. B. - 2/3/1999
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert J. Fogan, Judge; L.T. Case No. 96-12302 CJ.
A.B., a juvenile, entered a plea of no contest to charges of possession of a firearm on school...
Kern v. State - 1/29/1999
Appeal from the Circuit Court for Seminole County, Kenneth Lester, Judge.
Adrian Michael Kern timely appeals his convictions and sentences for leaving the scene of an accident involving injury and driving under the influence. As...
State v. Barber - 1/27/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Polk County; Ronald A. Herring, Judge.
The State appeals Barber's sentence for DUI-serious bodily injury...
State v. Miles - 1/27/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
The State of Florida appeals an order in which the trial court ruled that the state will not be entitled to a presumption pursuant to...
Jervis v. State - 1/22/1999
Appeal from the Circuit Court for Brevard County, Jere E. Lober, Judge.
Jervis appeals his conviction and sentence for attempted second degree murder. He argues the trial court erred in failing to allow the defense to...
State v. Manney - 1/15/1999
Appeal from the Circuit Court for Orange County, Cynthia Z. Mackinnon, Judge.
Appellant, state, timely appeals an order granting the motion of appellee, James Manney, to suppress.
This case arose when appellant charged...
State v. Scibana - 1/6/1999
A county Judge, in a substantial number of DUI cases, back-dated the convictions in order to evade section 322.28(2)(a)1, Florida Statutes (1993), which requires that a driver's license be revoked for no less than 180 days for a first...
Devoney v. State - 6/12/1998
We have for review State v. Devoney, 675 So. 2d 155 (Fla. 5th DCA 1996), wherein the district court certified the following question:
Does one or more jurors' Discussion, during the course of jury deliberations, of a matter...
Heckard v. State - 6/12/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Pasco County; Lynn Tepper, Judge.
Patrick Moore Heckard challenges the denial of his petition for writ of...
Cuesta v. State - 6/3/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.
Adrian Cuesta appeals his convictions and sentences for possession of...
Green v. State - 5/21/1998
CORRECTED
Curtis Champion Green appeals his conviction for first-degree murder and the imposition of a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed, we reverse the first-degree...
Brulfer v. State - 5/15/1998
Appeal from the Circuit Court for Citrus County, J. Michael Blackstone, Judge.
Brulfer appeals his convictions for two counts of attempted aggravated assault against a law enforcement officer. He had been originally charged with...
State v. Thomas - 5/15/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Polk County; Robert E. Pyle, Judge.
The State appeals the final order granting Robert A. Thomas's motion to...
Devers-Lopez v. State - 5/13/1998
Appellant, Maxine Devers-Lopez (Devers-Lopez), was convicted of driving under the influence of alcohol and/or Halcion in violation of section 316.193(1), Florida Statutes (1995). She appeals three rulings by the trial court relating to...
State v. Keirn - 5/6/1998
The central issue presented in this case is whether a conviction within the meaning of section 322.34, Florida Statutes (1995), requires there to be an adjudication of the defendant's guilt. Based on a reading of the applicable...
Faires v. State - 4/29/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
LOWER TRIBUNAL NO. 95-301
Johnny Faires petitions this Court for a Writ of Certiorari to quash the opinion of the appellate division of the...
Euceda v. State - 4/29/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 95-18288
Gregorio Euceda appeals his convictions for driving under the influence manslaughter ("DUI manslaughter") and...
Hinson v. State - 4/27/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
Appellant, Danny Ray Hinson, appeals his conviction and sentence for felony driving while license suspended or revoked (DWLS). We affirm....
Harbaugh v. State - 4/15/1998
On January 5, 1996, a Fort Lauderdale policeman was shot in the line of duty. While the suspect was still at large, the police set up a perimeter around the general area where the shooting had occurred and around the crime scene...
Carter v. State - 4/15/1998
The issue in this case, which is one of first impression in Florida, is whether a jury instruction on involuntary intoxication should ever be given in a DUI case. We conclude that under the facts of this case, in which there was...
Chambers v. State - 4/8/1998
In Chambers v. State, 682 So. 2d 615 (Fla. 4th DCA 1996), we reversed defendant's conviction because of error in failing to allow a valid peremptory challenge of a juror. On retrial after remand, defendant was again convicted. In this...
Hindenach v. State - 4/8/1998
Defendant pleaded guilty to DUI with impairment causing bodily injury under an agreement to be sentenced within the guidelines. The penalty statute provides a maximum sentence for this conviction of 5 years. His sentencing scoresheet,...
Wendt v. State - 4/3/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
EN BANC
Christian Wendt appeals his sentences for DUI manslaughter and DUI serious bodily injury. We affirm because the trial court correctly...
Williams v. State - 3/18/1998
Charged with driving under the influence of a controlled substance, defendant Frederick Williams appeals an order admitting into evidence drug recognition expert opinion testimony and evidence based upon a twelve step drug influence...
State v. Scharich - 3/13/1998
The State appeals an order dismissing the charge of Driving Under the Influence (DUI) against Jody L. Scharich. We reverse.
Although Scharich appeared for the trial of her DUI charge, she absconded after the jury was sworn. The...
State v. Brown - 3/13/1998
Jerry S. Brown was charged with driving under the influence, driving while license suspended, and driving in violation of driver's license restriction. Upon Brown's demand for speedy trial, his trial was timely scheduled for October...
Frey v. State - 3/5/1998
We have for review Frey v. State, 679 So. 2d 37 (Fla. 2d DCA 1996), wherein the court certified:
Is the offense of resisting arrest with violence a specific intent crime to which the defense of voluntary intoxication applies? ...
Department of Highway Safety and Motor Vehicles v. Amodeo - 2/27/1998
We grant the Department of Highway Safety and Motor Vehicles' Petition for Writ of Certiorari. After the Respondent, Frank Amodeo, was stopped for DUI, he refused to submit to a breath test. Therefore the Department suspended his...
Floyd v. State - 2/26/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
In this direct appeal, the defendant presents a challenge to section 921.001(5), Florida Statutes, which authorizes a trial court to...
Jordan v. State - 2/20/1998
Jordan appeals from her adjudication for DUI manslaughter, two counts of DUI damage to a person, and driving with a suspended or revoked license. She was sentenced to 253.75 months for manslaughter (the maximum under the...
Clark v. State - 2/18/1998
ON MOTION FOR REHEARING AND/OR CERTIFICATION OF CONFLICT AND/OR QUESTION OF GREAT PUBLIC IMPORTANCE AND/OR FOR STAY
We grant appellee's motion for rehearing and/or for certification of conflict and/or question of great public...
Mitchell v. State - 2/4/1998
We grant the petition for writ of certiorari. The trial court failed to instruct the jury on the essential and material element of notice on the charge of driving while license suspended (DWLS) under section 322.34, Florida Statutes...
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