Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Courts Certify Conflict over Review of DUI License Suspensions
November 15, 2008
Topic: Criminal
The 2nd District Court of Appeal(DCA) recently certified a conflict with a decision of the 5th DCA over the scope of review of police officer's actions in arresting a person for DUI. A person has the right to a review of a license supsension for a DUI arrest under Florida Statute 322.2615(1)(b)(3). In a very technical argument between the difference between whether an officer has probable cause for an arrest versus the lawfulness of the arrest at a DMV hearing. The 2nd DCA's decision conflicts with caselaw that goes back to 1984 and it is possible that an important constitutional protection, freedom from having your driver's license taken from an illegal arrest may be judicially carved out of the limited protections those arrested for DUI enjoy.
We will continue to follow this and underscores the importance of having experienced DUI defense attorneys handling your DUI defense. Our criminal defense attorneys have a combined 20 years of experience of handling these matters. Please contact us to discuss your DUI defense needs.
