Tag Archives: driver license

What to Do if You Are Stopped for DUI in Florida

(This article was originally published 3 years ago). When stopped by a police officer for suspicion of DUI the first things you should consider are simple. First, pull over as soon as it is safe; remember to be polite and … Continue reading

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Florida’s Drug Statute Declared Unconstitutional

Yesterday, July 27, 2011, Federal District Court Judge Mary Scriven declared the criminal section of Florida’s Drug Abuse Prevention and Control Act (893.13) to be unconstitutional on its face. (See Shelton v. Department of Correction, et. al., Case No.: 6:07-cv-839-Orl-35-KRS … Continue reading

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A Touch of Due Process in DUI Administrative Reviews

For years, Florida along with other states, has used an extra-judicial punitive system to punish individuals arrested for DUI (not convicted of DUI but simply arrested). In Florida, when a police officer arrests you for DUI and you submit to … Continue reading

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Don’t Come Sniffin’ Around My Door

Kudos to the Florida Supreme Court for last Thursday’s (4/14/2011) ruling that “a warrantless ‘sniff test’ by a drug detection dog conducted at the front door of a private residence is impermissible under the Fourth Amendment.” In a nutshell, based … Continue reading

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Your Honor, May We Take a Lunch Break?

Let’s face it, which one of us has not felt better after a good night’s rest or a hot, delicious, meal. Now it appears that there is scientific evidence suggesting that both of these things may impact the way judges … Continue reading

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Supreme Rudeness — Should that Really be the Norm?

From time to time I have voiced my concern over the continued loss civility in our society and in the practice of law. In the context of society, it is harder to diagnose why we tend to be less kind … Continue reading

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Discovery Rules Require Strict Compliance

A very recent opinion from the Third District Court of Appeals merits some discussion. The court has ruled that the rules governing discovery in criminal cases require strict compliance (this case involved Florida’s Rules of Juvenile Procedures but the Criminal … Continue reading

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