February 2011 Updates

A traffic stop executed by an officer of the D...

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Smyth v. DHSMV, 18 Fla. L. Weekly Supp. 137 (4th Jud. Cir., Nov 18, 2010): Writ of Certiorari Granted – Police officer did not have authority to stop driver for breach of peace for simply speeding and lane change violations.  Officer was outside his jurisdiction and mutual aid agreement was not considered by hearing officer.

Beneus v. State, 18 Fla. L. Weekly Supp. 147 (11th Jud. Cir., Dec 3, 2010): Appeal on Jury Verdict, Reversed – Evidence of law enforcement officer’s bias should have been allowed in by defense cross-exam.  Also informative on denial of supersedeas bond and keeping the defendant out of jail pending appeal.  Very good case-law filled case.  Must read.

Freeman v. DHSMV, 18 Fla L Weekly Supp 159 (11th Jud. Cir., Oct 19, 2010): Writ of Certiorari Granted – Blood draw refusal.  Deals with Trauth I and Trauth II and the Nader[, DHSMV v.,  4 So.3d 705 (Fla 2d DCA 2009)] decision that apparently is going up to the Supremes.

State v. Medina, 18 Fla L Weekly Supp 170 (17th Jud. Cir., Nov 1, 2010): State appealed lower court ruling, affirmed – Breath test case/substantial compliance.  Just another “plug pull” case.

State v. Hage, 18 Fla L Weekly Supp 173 (18th Jud. Cir., Dec 10, 2010): Appeal, remanded – Good case on the probable cause standard for traffic stops.

State v. Starkey, 18 Fla L Weekly Supp 175 (20th Jud. Cir., Jun 16, 2010): State Appeal, reversed/remanded – Defense used “no other traffic affected” defense on driving at night with lights off.  Trial court granted suppression only to have it appealed by state.  See Hage above.

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