August Updates 2011

Battle of Olustee. Series : General collection...

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Davis v. Florida, 18 Fla. L. Weekly Supp. 630 (5th Jud. Cir., Mar 11, 2011): Driver Appeal, Reversed and Vacated – Hearing officer issued an “open court” citation to driver and found driver guilty.  Hearing officer has no authority to issue “open court” citation.

Florida v. Foley, 18 Fla. L. Weekly Supp. 636 (17th Jud. Cir., Mar 17, 2011): State Appeal, Affirmed – The first of a host of “Plug Pull” cases in this issue (only citing one).  Court believes defense experts over state’s in hearing that lasted several days. Not a completely new issue but apparently, during the agency inspection of the 8000, when the results varied outside of the parameters to keep the machine in service the inspectors, at times, may have pulled the plug (turned off the power) and in doing so cleared the bad result from the inspection.  (You know this is junk when you have to “shake” it to make it work.)

Gruszeczki v. DHSMV, 18 Fla. L. Weekly Supp. 642 (4th Jud. Cir., Jul 8, 2008): Writ of Certiorari Granted – Defendant refused breath test.  Facts were that no LEO smelled alcohol on defendant or from within vehicle, defendant admitted to using new medication, provided medication to police, defendant refused to take breath test and DHSMV suspended defendant’s drivers license for refusal.  Court found that the defendant was not required to take breath test and quashed suspension.

Florida v. Steiner, 18 Fla. L. Weekly Supp. 644 (17th Jud. Cir., Mar 10, 2011): State Appeal, Affirmed – Defendant in battery case participated in mediation and successfully completes all requirements.  Mediation agreement stated that as a result of compliance the state would dismiss the case.  At the status hearing the victim failed to appear and the state refused to dismiss.  Defense counsel points out that the defendant has complied with mediation.  Judge dismisses case.  Appellate court finds that trial court can enforce agreement with the remedy of specific performance.

Silvester v. DHSMV, 18 Fla. L. Weekly Supp. 647 (15th Jud. Cir., May 31, 2011): Writ of Certiorari, Granted – Formal review hearing held. Breath Test Refusal Affidavit was not properly sworn.

Eric J Dirga, PA. Orlando, FL

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