January 2011 Updates

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Bremer v. DHSMV, 18 Fla. L. Weekly Supp 15 (7th Jud. Cir., Jul 12, 2010): Writ of Certiorari Granted – Good case on fighting the “stop” at Formal Review Hearing.  Caselaw for “Failure to Maintain Single Lane” case.

Guzzetta v. DHSMV, 18 Fla. L. Weekly Supp. 34 (11th Jud. Cir., Oct 20, 2010): Writ of Certiorari Granted – The battle of DHSMV v. Pelham, 33 FLW  D765a (Fla. 5th DCA 2008) vs. McLaughlin v. DHSMV, 33 FLW D2747c (Fla. 2d DCA 2008) continues outside of the Second and Fifth Districts.  This time in Dade County Pelham wins!

State v. Cohen, 18 Fla. L. Weekly Supp. 41 (15th Jud. Cir., Sep 29, 2010): Appeal – Good case on standards for Motion to Dismiss.

Clements v. State, 18 Fla. L. Weekly Supp. 50 (18th Jud. Cir., Jul 13, 2010): Appeal from denial of requested jury instruction, Reversed/Remanded – Man who lived on boat braced for a storm by tying up boat drinking “boat drinks” along the way.  Too drunk to drive and boat being unsafe, defense attorney requested a necessity instruction for the reason the boater slept in his car.  Court agreed instruction should have been given.

State v. Gallo, 18 Fla. L. Weekly Supp. 57 (12th Jud. Cir., Oct 26, 2010): Circuit Court Order on Statutory Immunity – Involves Florida’s no retreat statute. Interesting.

State v. Albershinsky, 18 Fla. L. Weekly Supp. 76 (4th Jud. Cir., Jul 9, 2010): Circuit Court Order – Finding that solid white “fog line” is a traffic control device but is advisory only and not prohibited to cross.  Cannot be used as PC for stop for violating traffic control device.

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