Tag: driving offenses

I previously wrote an article on this website entitled "U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement" in which I discussed the case of Arizona v. Gant.  In that article, I stated that:   "[The Gant decision held] that the police are authorized to search a vehicle incident to a recent occupant's arrest only […]

          In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order 4.605-9/08 which automatically dismisses the following types of cases:             1.  All nontraffic-related misdemeanor cases (for example, battery cases or trespassing cases) that have had no court activity for the past 5 years.             2.  All violation of probation cases […]

It used to be the case that anyone convicted of driving with a suspended license in Florida three or more times was guilty of a third-degree felony carrying with it a maximum penalty of five years in prison. But in July 2008 the law changed to the extent that certain individuals convicted of driving with […]

         You have probably seen police roadblocks when you were out driving your car, and you may have even been stopped at one, but did you know that before the police are allowed to actually set up a roadblock they are first required to prepare written guidelines so that the officers conducting the roadblock do not […]

On January 25, 2009, I posted an article on this website entitled "Judge Throws Out More Than 100 Breathalyzer Tests."  The article discussed how two different appellate courts affirmed the rulings of Manatee County Court Judge Doug Henderson that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at […]

          Manatee County Court Judge Doug Henderson recently issued an order suppressing all evidence that the police obtained at a sobriety checkpoint in 2008.            According to an article that appeared at BradentonHerald.com, Judge Henderson ruled that  because the Manatee County Sheriff's Office did not follow their own written guidelines regarding the operation of DUI […]

          Two years ago, Manatee County Court Judge Doug Henderson ruled that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at trial.  According to an article that appeared earlier this month at BradentonHerald.com, Judge Henderson's rulings in those several cases have been affirmed by two different courts of […]

The following article appeared in the April 30, 2008 edition of the South Florida Sun-Sentinel. Ron Chapman represented and obtained a favourable outcome for the defendant Ramirez.   By Nancy L. Othon South Florida Sun-Sentinel April 30, 2008 Two men who were racing cars and driving drunk when their friend was killed last year after […]

          Jeff Norman of The Huffington Post recently emailed me the following question:           "What makes it legal for police to detain a DUI arrestee until he or she is 'sober,' when the only purpose of the detention is to maintain safety, and there is no intent to bring the arrestee before a judge for arraignment? […]

          In many cases in which an individual is charged with committing the crime of aggravated battery, the weapon that is used is a knife or a gun.  However, it is also possible to commit aggravated battery using a car.           In the case of Rosa v. State of Florida, the Third District Court of Appeal […]