Florida lawyer & attorney, Brooke Terpening uses her Florida DUI blog to provide clients and their families with sound advice when choosing the appropriate course of action for each individual DUI case.
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Before an officer can request that a driver to submit to field sobriety tests, the officer must have reasonable suspicion that the individual is driving under the influence. If reasonable suspicion exists, the officer can detain briefly detain the driver long enough to conduct a DUI...
This brain teaser puzzle tests your ability to identify a common shared attribute of the group and identify the “odd man out.” Simple enough. So which of the following doesn’t belong in the list? And why doesn’t it? (A) Beckman Coulter, Inc. blood alcohol gas...
I was reminded that a DUI is truly a “classless” crime when a colleague brought a news report to my attention about a Pennsylvania physician who got his eighth DUI. DUI’s are not confined to any particular socio-economic sector of our society, and even the most educated...
Sentencing can be a complex issue, and mitigating circumstances may lessen a convicted defendant's sentence. Which mitigators may apply can be contentious, as illustrated in the case below discussing downward departures allowed in felony DUI convictions. Second DCA Kezalv. State, No....
In a major step toward allowing defendants to examine Intoxilyzer 8000 source code, the Second DCA just released its opinion in CMI v. Landrum, Case No. 2D09-5502, decided June 18, 2010 (pdf). The appellate court held that the trial court correctly ruled when it did not quash a subpoena...
This week's cases make a nice pair of bookends, illustrating the complexity of sentencing. Second DCA McGarrah v. State, No. 2D08-3262, decided June 11, 2010 (pdf) (remanding for illegal sentence in DUI manslaughter) The Court remanded because a 17 year sentence for DUI manslaughter was illegal....
No matter how famous you are, no matter how much money you have, you are not immune to a DUI. Too often fame brings an unwanted role-model status, and drinking while impaired is not something to emulate. Celebrities and the rich have the same shortcomings as the rest of humanity, and...
Fact: It is hard to build quality software. There are numerous factors that go into the quality of software, including the skill of the developers, the development process, the testing process, the language used, the number of developers, and the complexity of the program. As one of...
Last week, the Second DCA weighed in on "reasonable suspicion" to request field sobriety tests. Their opinion is bad news for allergy sufferers or anyone suffering from any of the multitude of causes of bloodshot eyes 2nd District Court of Appeal State v. Ameqrane, 2D09-3018,...
You may not be aware of Florida’s Implied Consent Law, but this law allows an officer to administer state approved tests to gather physical evidence against you to prove a DUI. When you get a driver’s license in Florida, as in most states, you are agreeing to take a urine...