Florida DUI Law
 

State of Florida v. Tamara "Tammy" Sytch

DeLand, Florida criminal defense lawyer represented the Defendant charged with DUI manslaughter.

Tammy Sytch, age 50, a former WWI star, was charged with driving drunk and killing a 75-year-old man.

She was arrested in May 2022, just four months after she was released from an eight-month stint in prison for a previous DUI.... More...
   $0 (11-27-2023 - FL)

State of Florida v. Megan Dauphin

Panama City, Florida criminal defense lawyer represented defendant charged with aggravated manslaughter.

Megan Elizabeth Dauphin, age 32, was accused of leaving her seven-week-old baby in a hot car resulting in the death of the child on September 2, 2020.

When she returned to her home on Canal Avenue in Hiland Park, she allegedly forgot to take Garner out of the truck with her. ... More...
   $0 (04-14-2023 - FL)

SHERRI LAVICTOIRE MARQUIS vs STATE OF FLORIDA

West Palm Beach, Florida - Criminal Defense lawyer represented defendant with a conviction and sentence for a misdemeanor battery charge.



For the misdemeanor battery, the trial court sentenced Appellant to
twelve months of probation with a provision for early termination after six
... More...
   $0 (07-17-2022 - FL)

The People of the State of Florida v. Catherine Capozzi

Miami, Florida criminal defense lawyer represented Defendant charged with DUI Manslaughter.

Catherine Capozzi drove while intoxicated and cause an accident that killed a 15-year-old boy on September 18, 2019 in the southbound lane of Interstate 95.

The Defendant was in a borrowed Dodge Challenger and was driving recklessly on the highway.... More...
   $0 (06-30-2022 - FL)

Susan Gage v. Benjamin Elias, John Burek, Pinch A Penny, Burek, Inc. d/b/a South Tampa Pool Supplies & Services, et al.

Tampa, Florida personal injury lawyers represented Plaintiffs, who sued Defendants on auto negligence wrongful death theories.

Benjamin Elias, age 32, was driving an F-150 Ford pickup under the influence of drugs and alcohol on January 9, 2020 and hit the vehicle driven by George Williams Gage III, age 70, killing him.

Ehas pleaded guilty in December 2020 to DUI manslaughter in e... More...
   $17500000 (04-22-2022 - FL)

WILLIAM T. WATSON vs STATE OF FLORIDA

Daytona Beach, FL - Criminal defense attorney represented William Watson with appealing the denial of his request for a downward departure sentence, contending that the trial court failed to consider the victim as a willing participant.



Watson was twenty-five years old when he engaged in a sexual
relationship with his fi... More...
   $0 (03-17-2021 - FL)

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Tallahassee, FL - Criminal defense attorney represented Elizabeth Francis Marsh with arguing that dual convictions for DUI with serious bodily injury and DWLS with serious bodily injury as to the same victim were prohibited by double jeopardy principles..



In State v. Maisonet-Maldonado, No. SC19-1947, slip op. at 12 (Fla. Dec... More...
   $0 (01-23-2021 - FL)

STATE OF FLORIDA vs RICKY DON WELCH

Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖




Florida First District Court of Appeal



The State appeals from an ord... More...
   $0 (09-24-2019 - FL)

JAMES EVAN GINCLEY vs STATE OF FLORIDA





James Evan Gincley, a defendant in Martin County circuit court, was denied admission into the circuit’s drug court based on a Nineteenth Judicial Circuit administrative order. Gincley seeks certiora... More...
   $0 (04-02-2019 - FL)

United States of America v. David James Goldammer




Mimai, FL - South Dakota Resident Who Visited South Beach Pleads Guilty to Federal Weapons Violation
The defendant possessed a short-barrel rifle

A South Dakota resident pled guilty today to possession of an unregistered firearm.

Ariana Fajardo Orshan, ... More...
   $0 (03-30-2019 - FL)

TRAVIS MONTEZ EDWARDS vs STATE OF FLORIDA





We note at the outset that Edwards entered an open plea of nolo contendere to both charges without reserving his right to appeal on double jeopardy grounds. However, where a plea "is a general plea," a double jeopardy violation "is apparent f... More...
   $0 (03-19-2019 - FL)

FRITZ GERALD PIERRE vs STATE OF FLORIDA





At the plea hearing, appellant entered a no-contest plea. Consequently, the trial court adjudicated him guilty, sentenced him to time served, and announced a “mandatory” $200 public de... More...
   $0 (02-16-2019 - FL)

CRAIG HOWITT vs STATE OF FLORIDA





Craig Howitt appeals his convictions for leaving the scene of an accident with death, driving under the influence (“DUI”) causing damage to property or injury, and DUI causing death/failure to render aid.1 We find no merit to Howitt’s challeng... More...
   $0 (02-11-2019 - FL)

JOSE BERROCALES vs STATE OF FLORIDA





Jose Berrocales appeals the trial court’s denial of his post-sentencing motion to withdraw his plea without holding an evidentiary hearing. Appellant contended, among other things, that his plea was involuntary because neither the trial court... More...
   $0 (02-01-2019 - FL)

Johanna L. Klingler vs State of Florida





MoreLaw Receptionist Services

Never Miss Another Call With MoreLaw's Receptionist... More...    $0 (10-16-2018 - FL)

LORENZO A. MARTINEZ vs STATE OF FLORIDA

Lorenzo Martinez appeals his judgment and sentences for: count one, driving with a suspended license and causing death; count two, DUI manslaughter; and count three, failure to remain at the scene of a crash involving death. We agree with Mr. Martinez that his convictions for counts one and two violate Florida's "single
homicide rule." See McCullough v. State, 230 So. 3d 586, 589 (Fla. 2d D... More...
   $0 (07-14-2018 - FL)

Carlos G. Bertonatti vs. The State of Florida

At approximately 8:00 a.m., Bertonatti veered his vehicle into the bicycle
lane on Bearcut Bridge; struck and killed a bicyclist, Christophe Lecanne; failed to
stop or attempt to render aid to Mr. Lecanne; and subsequently fled from the police
when they pursued and tried to stop him with lights and sirens activated. The
evidence revealed that the impact to the bicycle and to ... More...
   $0 (06-21-2018 - FL)

ELIZABETH FRANCES MARSH vs STATE OF FLORIDA

Elizabeth Marsh rear-ended another vehicle while under the influence of illegal substances causing serious bodily injury to two of its passengers. As to each passenger she was convicted of driving under the influence (DUI) with serious bodily injury and driving while license suspended (DWLS) with serious bodily injury. We
- 2
conclude that the dual convictions as to each victim based o... More...
   $0 (04-09-2018 - FL)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-23-2018 - FL)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-18-2018 - FL)

Sylvester Hooks vs State of Florida

Prior to trial on two counts2 and on violation of probation, Hooks informed
the trial court that he wished to represent himself. The trial court had Hooks read,
initial, and sign a form entitled “Self-Representation Advisory Form/Trial” (“the
form”). The trial court then asked if Hooks read over the form carefully. Hooks
answered in the affirmative. The trial court then proceed... More...
   $0 (12-31-2017 - FL)

TIPPY MCCULLOUGH v. STATE OF FLORIDA

Tippy McCullough stole a 2013 Cadillac XTS out of a car wash in Manatee
County. McCullough's theft precipitated a high-speed police chase, during which she
struck—and caused the death of—a bicyclist. She now appeals her judgment and
sentences after entering an open plea of no contest to leaving the scene of a crash with
death, fleeing or eluding a law enforcement officer caus... More...
   $0 (11-12-2017 - FL)

United States of America v. Eddy Wilmer Vail-Bailon

Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal requires us to decide whether Florida felony battery is a crime of
violence under the Sentencing Guidelines. Defendant Eddy Wilmer Vail-Bailon
was convicted in 2014 of illegally reentering the United States, in violation of 8
U.S.C. §§ 1326(a) and (b)(1), after having been deported following a conviction
for felony battery under Florida Statute § 784.041. Base... More...
   $0 (08-25-2017 - FL)

Victoria Swanagan a/k/a Victoria P. Swanagan v. State of Mississippi

At trial, Derrick Sims testified that he and Vincent P. Hill worked together. When
Sims arrived at SwanaganÕs home to pick up Hill for work, he heard Swanagan and Hill
arguing in her house. Swanagan exited her house and went next door to her motherÕs house.
During that time, Hill stayed inside SwanaganÕs house. When Swanagan returned, Sims
heard a Òruckus.Ó After a while, Hill cam... More...
   $0 (05-24-2017 - FL)

RANDY W. TUNDIDOR vs. STATE OF FLORIDA

Randy W. Tundidor was convicted of first-degree murder of Joseph
Morrissey (Count I), two counts of attempted first-degree murder and two counts
of attempted felony murder of Linda Morrissey and Patrick Morrissey (Counts II–
V), two counts of armed kidnapping of Joseph Morrissey and Linda Morrissey
(Counts VI–VII), armed burglary (Count VIII), armed robbery of Joseph Morrissey <... More...
   $0 (05-01-2017 - FL)

JOSEPH FARLEY vs State of Florida

Farley pled guilty to two counts of DUI manslaughter and his judgment and
sentence were affirmed on direct appeal in Farley v. State, 151 So. 3d 1234 (Fla. 1st
DCA 2014) (unpublished table opinion). In May 2016, Farley filed a timely rule
3.850 motion containing 16 “grounds” for relief, all of which alleged claims of
ineffective assistance of trial counsel. The postconviction... More...
   $0 (04-08-2017 - FL)

JOSEPH RICHARD JACOBY v. STATE OF FLORIDA

After he admitted to violations of probation, the trial court revoked Joseph Richard Jacoby's probation and sentenced him for grand theft (count two) and grand theft motor vehicle (count four). On appeal, Jacoby challenges his sentence on count four of five years in prison suspended, to be served as five years' probation. He
contends that the trial court should have granted his motion to co... More...
   $0 (04-01-2017 - FL)

JESSE LEWIS MCINERNEY vs STATE OF FLORIDA


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The defendant appeals his sentence for DUI manslaughter. He argues the trial court erred in admitting an eyewitness’s statement over a hearsay objec... More...
   $0 (03-19-2017 - FL)

LUIS A. MONTES-VALETON vs. STATE OF FLORIDA

On June 7, 2008, Montes-Valeton was involved in a single-vehicle car crash
in which a single fatality occurred. After the State filed a three-count information
charging Montes-Valeton with DUI Manslaughter, DUI Damage to Property or
Person, and Careless Driving, Montes-Valeton filed a motion to suppress the
results of an analysis of blood drawn from him following the car crash... More...
   $0 (02-24-2017 - FL)

DONALD OTIS WILLIAMS vs. STATE OF FLORIDA

The victim, Janet Patrick, was last seen alive on October 18, 2010, after
shopping for groceries at Publix near her home in Lake County, Florida. The
defendant, Donald Otis Williams, through both security video and eyewitness
testimony, was identified as accompanying her at Publix and getting into the
passenger seat of her vehicle, a white Chevrolet Impala. Multiple witnesses... More...
   $0 (01-21-2017 - FL)

State of Oklahoma v. Tonya Capallia-Eason

Yulee, FL - Florida Mother Pleads Guilty To Responsibility For Deaths of Two Sons

The State of Florida charged Tonya Capallia-Eason with:

1 316.193.3c3a DUI MANSLAUGHTER 12/22/2016 Prosecutor:Filed
2 316.193.3c3a DUI MANSLAUGHTER 12/22/2016 Prosecutor:Filed
3 316.193.3c2 DUI SERIOUS BODILY INJURY 12/22/2016 Prosecutor:Filed
4 316.193.3c2 DUI SERIOUS BODILY INJURY 12/2... More...
   $0 (01-06-2017 - FL)

LUIS MATTOS v. STATE OF FLORIDA

Following the entry of a plea of no contest with a reservation of rights, Luis Mattos appeals the trial court’s denial of his motion to suppress. We find that the trial court erred in failing to suppress a portion of the evidence. Accordingly, we affirm in part, reverse in part, and remand for further proceedings.
The state charged Mattos with felony driving under the influence based on h... More...
   $0 (08-28-2016 - FL)

KEVIN MALONE v. STATE OF FLORIDA

Kevin Malone was arrested for driving while under the influence (DUI) based on a police officer's assessment of his level of intoxication during a traffic stop. After he was charged with the misdemeanor offense, Malone filed a motion to suppress in which he argued that his behavior during the traffic stop did not provide probable cause that he had been driving while impaired. The county court gr... More...    $0 (07-09-2016 - FL)

State of Florida v. Raymond Bright

A jury convicted Bright for the first-degree murders of Derrick King and
Randall Brown. Bright v. State, 90 So. 3d 249, 254 (Fla. 2012). The jury
recommended death by a vote of eight to four for the murders of both victims, and
the trial court sentenced Bright to death for both murders. Id. at 256.
On direct appeal, we previously detailed the facts leading to Bright’s death ... More...
   $0 (06-21-2016 - FL)

John Goodman v. Florida Department of Law Enforcement

Appellant John Goodman was involved in a vehicular collision that resulted in the death of another individual. Appellant’s blood was drawn after the accident for blood alcohol testing, pursuant to Florida’s implied consent statutes. See §§ 316.1932-34, Fla. Stat. (2010). Ultimately, Appellant was charged with DUI Manslaughter/Failed to Render Aid and Vehicular Homicide/Failed to Give Informatio... More...    $0 (05-28-2016 - FL)

STATE OF FLORIDA v. WADE F. LILES, STATE OF FLORIDA v. 5D15-405 JOHN NATHAN WILLIS

The State of Florida appeals two orders suppressing the results of warrantless blood draws taken from Wade F. Liles and John Nathan Willis during drunk driving investigations involving separate traffic crash fatalities.1 In both cases, the trial courts found that, pursuant to the United States Supreme Court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), the blood draw results were inad... More...    $0 (04-10-2016 - FL)

Dennis DeMartin v. State of Florida*

Appellant appeals the trial court’s order finding him guilty of two counts of contempt. Appellant claims that the trial court erred in finding him in contempt for failing to divulge during voir dire that his ex-wife was arrested for DUI and for conducting a drinking experiment during the pendency of a trial in which appellant was a juror. We find that competent substantial evidence supports the ... More...    $0 (04-01-2016 - FL)

Dennis DeMartin v. State of Florida*

Appellant appeals the trial court’s order finding him guilty of two counts of contempt. Appellant claims that the trial court erred in finding him in contempt for failing to divulge during voir dire that his ex-wife was arrested for DUI and for conducting a drinking experiment during the pendency of a trial in which appellant was a juror. We find that competent substantial evidence supports the ... More...    $0 (03-30-2016 - FL)

Dravien Jerrod Jones v. State of Florida

Appellant Dravien Jones appeals the denial of his motion to suppress evidence found in his vehicle during a traffic stop. Consistent with the Supreme Court’s recent decision in Rodriguez v. United States, 135 S. Ct. 1609 (2015), we agree with Appellant that the search occurred during an illegal detention. We therefore reverse his conviction.
Background
An officer of the Sebastian P... More...
   $0 (03-12-2016 - FL)

James Clark v. State of Florida

In appealing his conviction for DUI manslaughter, appellant raises multiple issues, mainly dealing with the use of a police officer as an expert in accident reconstruction, as well as the trial court’s failure to grant a challenge for cause to a juror and improper closing argument by the State. These errors were not properly preserved before the trial court and do not constitute fundamental error... More...    $0 (03-04-2016 - FL)

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