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Articles Posted in DUI

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Florida Juvenile Defense Lawyers: An Appellate Split on Smartphone Passcode Protection

As Florida juvenile defense attorneys, we have seen an increasing number of criminal cases wherein the contents of one’s smartphone have become exceedingly relevant. It’s not just teens who have become reliant on smartphones of course. The Pew Research Center reports 95 percent of Americans own a cellphone of some…

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Officials to Re-Evaluate Florida Marijuana DUI Campaign

Since the passage of Amendment 2 in 2016, Florida lawmakers have been trying to weed through the state’s already-complex marijuana statutes to hammer out new rules for growing, processing, distributing and possessing/ using the plant. Some individual cities have adopted their own ordinances with regard to recreational marijuana, which has…

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Florida’s 3rd DCA: Keep All Elements of Your License Plate Visible, Or Risk Traffic Stop

A recent decision by Florida’s Third District Court of Appeals makes it clear that police have the right to stop you for license plate framing that obstructs ANY portion of the words on the plate. That means police have yet one more reason to initiate traffic stops (which can lead…

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FHSMV Doles $5M to Warn Public About Penalties for Driving High

Marijuana use is gaining acceptance in a growing number of states across the country, and it’s even approved in Florida for limited medicinal uses. Many municipalities have decriminalized personal possession, but that doesn’t mean people can use it with impunity – particularly on the roads. In fact, nothing about F.S.…

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Successful DUI Appeal in Florida Requires Good Defense Attorney

If you have been charged and convicted of a DUI in Florida, that’s not necessarily the end of the story. Depending on the circumstances and the details of your trial or plea deal, there could be an opportunity to appeal the conviction or the sentence – but you’ll need a…

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Challenging Drug Recognition Expert Testimony in Florida

It’s become increasingly common in Florida DUI cases for prosecutors to rely heavily on the investigation and testimony of drug recognition experts (DREs). These are police officers who are specially trained to recognize the signs of impairment in drivers who are under the influence of drugs.  Last year, the Governors…

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Florida Supreme Court Rejects DUI Blood Sample Challenge

In a per curium ruling, the Florida Supreme Court upheld an appellate court decision rejecting defense challenges to blood sample collection of suspects in felony DUI cases. It was a case watched closely by many Florida DUI defense lawyers because had the court ruled in defendant’s favor, it could have…

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Appellate Court: Forced Drug Tests in Fatal DUI Arrest Were Unconstitutional

Felony convictions against a man accused of killing two while driving drunk were reversed recently by an appellate court in Illinois, which ruled the DUI testing after his arrest was unconstitutional.  Although this issue takes place outside of Florida, it’s one motorists in the Sunshine State have had to grapple…

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Florida DUI Manslaughter Convict Faces Failure to Appear Charges After 14 Years on the Run

Facing down a criminal conviction can be incredibly unnerving, but fleeing can leave you in even bigger trouble than before you started. That’s because failure to appear is a charge in and of itself that can have serious consequences, even if you are ultimately found not guilty of the original…

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Woman Arrested for Florida DUI – on Horseback

A Florida woman who allegedly rode her horse slowly down a busy highway while intoxicated was arrested for DUI recently. Although Florida is practically infamous for it’s bizarre news, even this seemed a bit over-the-top. Plus, it raises a number of questions about the scenarios in which F.S. 316.193, Florida’s…

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