April 2011 Updates

A red light camera in Chicago, USA.

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Pfleger v. DHSMV, 18 Fla. L. Weekly Supp. 328 (6th Jud. Cir., Feb 3, 2011): Writ of Certiorari, Granted – LEO failed to show for Formal Review Hearing. Defense moved to strike all LEO’s documents.  Hearing officer refused to strike but granted continuance to have subpoenas enforced.  Defense did not seek enforcement and Department sustained suspension.  Defense filed writ.  Court finds that Department added a procedural step that deprived driver of having meaningful hearing within 30 days pursuant to departmental rules.  Writ granted.

Levine v. Town of Juno Beach, Florida, 18 Fla. L. Weekly Supp. 362 (15th Jud. Cir., Feb 2, 2011): Writ of Certiorari Granted – This is the case (or one of them) that found that individual municipalities could not implement Red Light Cameras outside of the Uniform Traffic Laws.  This has since been legislatively overruled by statute.

State v. Pierre, 18 Fla. L. Weekly Supp. 375 (17th Jud. Cir., Jan 26, 2011): State Appeal, Affirmed – Defense filed notice of expiration of speedy trial time limits.  At hearing court set case for trial outside of recapture period.  Defense moved for discharge on day of trial and it was granted.  Court found that defense did not “agree” or “acquiesce” to trial date, but rather only “acknowledged” it and therefore dismissal was not in error.

State v. Garcia, 18 Fla. L. Weekly Supp. (17th Jud. Cir., Feb 18, 2011): State Appeal, Affirmed – Another “plug pull” case.  Intox 8000 test results were being manipulated by erasing failed inspection results by cutting power and thus erasing memory required to be maintained by law.  Michael A. Catalano, Attorney – great job.  (Does anyone really need to be convinced further that the intoxilyzer is a piece of crap and the people behind it are corrupt?).

Eric J Dirga, PA

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