Vacation is Over, Back to the Grind – Sept 2011 Updates (Part I)

The September Updates will be presented in several parts.

Pfleger v. DHSMV, 18 Fla. L. Weekly Supp. 706 (6th Jud. Cir., May 20, 2011):  Writ of Certiorari Granted – This is another writ granted (by a different circuit) citing the requirement by DMV to have people “enforce the subpoena” as an additional procedural step that is not found within the Administrative code.

Reilly v. State, 18 Fla. L. Weekly Supp. 714 (19th Jud. Cir., Apr 15 2011): Writ of Certiorari Granted – DMV denied request for hardship license because driver had driven on a valid Colorado drivers license within the previous 5 years.  Court found that DMV was wrong (again) because statute clearly states that the driver cannot drive a motor vehicle without a valid drivers license.  Hmm, Colorado eh?

Orbanes v. State, 18 Fla. L. Weekly Supp. 729 (6th Jud. Cir., May 25, 2011): Defense Appeal, Reversed – This is a must read and copy and give to your non-lawyer friends.  LEO attempts to arrest a person for disorderly conduct (which was not established) and his wife comes to his aid and is arrested for resisting.  How this exploded beyond a simple encounter and turned into a taser tag match is beyond me.

Lewers v. State, 18 Fla. L. Weekly Supp. 734 (6th Jud. Cir., May 17, 2011): Defense Appeal, Affirmed – if you want one case that explains reasonable suspicion with all the main citations, copy this one.  Written for 1Ls.  Beautiful.

Eric J Dirga, PA

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