DUI Marijuana

The legal concern surrounding marijuana laws, driving, and car insurance are enough to leave you dazed and confused.Marijuana, Car Insurance coverage, and the Law Driving beneath the influence of marijuana these days is an location of legal ambiguity. It has been the case for decades that driving beneath the influence of marijuana can outcome in […]

Once an individual is charged or arrested, the speedy trial clock starts ticking.  There is no firm deadline under the federal provision for a speedy trial provided by the 6th Amendment of the United States Constitution.  Florida provides its citizens with additional protections. Motion to Dismiss | Speedy Trial The Sixth Amendment Speedy Trial! Not […]

Motion for Depositions

Motion for DepositionsMotion for Deposition Florida is one of the few states that permits depositions in criminal matters. As an attorney, I would encourage more states to permit taking depositions in criminal matters. Depositions close cases. In most circumstances, a deposition lets one side know that this is not a good case for trial. In […]

Motion to Withdraw Capias Motion to Withdraw Capias Florida Courts definitely love their Latin phrases.  The English translation for the Latin word “capias” is “that you take.”  It is a descriptive term for many different types of writs.  All of the writs have one thing in common and that is to take a person into custody. […]

People v. Guthrie In this case, defendant’s vehicle was stopped by a police officer after the officer observed the vehicle driving past a stop sign without stopping. After defendant failed field sobriety tests and a breath analysis revealed that her blood alcohol level was over the legal limit, defendant was arrested and charged with failing […]

Cronin v. Commissioner of Probation Petitioner was convicted and sentenced for operating a motor automobile below the influence of alcohol and negligent operation of a motor car. At some point in the course of the booking approach, petitioner was offered written Miranda warnings and invoked his appropriate to stay silent. Petitioner contends that the prosecutor’s […]

Violation of Due Strategy | Exclusionary Rule Added State Protections When drafting a motion to suppress do not neglect that states are typically permitted to enact laws that grant a defendant far much more protection than is afforded in the United States Constitution. In Michigan Division of State Police vs. Sitz, the United States Supreme […]

The appellate court produced the following factual findings and legal conclusions in reversing the trial court’s denial of defendant’s motion to suppress. Factual Scenario: An officer responded to a domestic disturbance 911 telephone call,  saw the defendant driving away in an automobile which matched the description of the vehicle in the 911 telephone call. The […]

Omnibus Motion to Suppress DUI| Form Motion to Suppress DUI Omnibus Motion to Suppress This is simply a checkbox motion to suppress which attorneys were using in District Court DUI cases in North Carolina. A defendant doesn’t have a right to discovery in District Court cases. However, the legislature passed a law mandating that all […]