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| Articles by Michael Dye |
11. Court Reverses DUI Conviction for Admission of Prior Offense
September 13, 2012
In the case of Hayward vs. State of Florida, the 2nd District Court of Appeal reversed the judgment and sentence of the defendant who was convicted of a felony DUI.
During the course of the trial, the Defendant choose to testify in his own defense about why he refused to take the breathaly...
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12. Legal Blood Draw vs. Medical Blood Draw in DUI Cases
August 29, 2012
In a DUI manslaughter case, the State appealed the trial court's ruling granting Defendant's Motion to Suppress blood test results. After a fatal car accident, the Defendant in this matter was transported to the hospital via helicopter. Once at the hospital, a Florida State Trooper provided a DUI ...
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13. DUI on a Lawnmower, Just What is a Vehicle?
August 11, 2012
On Tuesday August 7, 2012, a Florida man was arrested and charged with DUI after he was caught driving drunk on his lawnmower. At first glance, this might seem a tad ridiculous. However, if you examine the facts of the case it begins to make a little bit more sense.
Initially, the suspect...
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14. Fighting a DUI License Suspension
August 09, 2012
Arenas vs. Department of Highway Safety and Motor Vehicles, Division of Driver Licenses, Bureau of Administrative Reviews
The Petitioner in this case filed for a writ of certiorari to the Second District Court of Appeal. Petitioner was challenging the Circuit Court's denial of his writ of c...
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15. DUI in Florida, Officers Have Unlimited Jurisdiction
August 05, 2012
In the case of State vs. Price, the Second District Court of Appeal ruled that an officer can make a traffic stop and detain someone, for a suspected dui, outside of the officer's jurisdiction.
On September 21, 2010, an officer outside of his jurisdiction, but in his patrol car, spotted defe...
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16. Relapse on Probation? Keep Going to Treatment
August 01, 2012
On August 1, 2012, the Florida Fourth District Court of Appeal issued an opinion in the case of Broome vs. State that may directly effect those who're recovering from drug addiction while on probation.
In Broome, as a requirement of probation, the defendant was required to complete a residen...
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17. Zombie Attack, Marijuana the Cause of Miami Attack?
July 02, 2012
Despite over a month of speculation, in the past week, it has been shown that Rudy Eugene a/k/a "The Causeway Cannibal" didn't have any drug that could be considered "bath salts" within his system at the time of his death. However, that fact alone has not stopped the local or national media from r...
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18. Setting Aside 10 Years of Florida DUI Convictions?
June 13, 2012
The Intoxilyzer 8000 is the evidentiary breath testing instrument used by the State of Florida to determine breath alcohol concentration in DUI prosecutions. The Florida Administrative Code sets forth the regulations that must be followed by the Florida Department of Law Enforcement with regard to ...
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19. Misinformation on Bath Salts, Not Legal & Not Safe
June 01, 2012
Considering the recent and tragic events surrounding the police shooting in Miami-Beach an excessive amount of misinformation is being spread in regards to the drugs commonly called "bath salts." The misinformation which is being spread is enough to send almost any parent running to their congressm...
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20. Artificially High Readings and False Positives in Florida DUI Cases
May 31, 2012
Often the most damaging evidence in a DUI prosecution is the results of a breath test. In an attempt to convict someone of DUI, the State will present a Breathalyzer result of .08 or higher as evidence that an individuals blood alcohol concentration was over the legal limit. You will need to note,...
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Author: Michael Dye
