Out of State License an Indication of Impairment? - DUI News - 11/14/2016
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State uses Florida drivers' license as justification for completing field sobriety tests without explanation.
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Police may infer movement to charge a sleeping driver of a parked car with a DUI - DUI News - 11/13/2016
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An OVI requires actual movement of a vehicle, while a physical control charge does not; however, police may infer movement to charge a sleeping driver of a parked car with a DUI.
Read MoreEmployers Must Show Reliable, Substantial and Probative Evidence of Their Case - Unemployment News - 7/25/2016
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The 8th District holds that the CMHA lacked sufficient evidence to terminate an employee with just cause for taking an application envelope out of an office, when it could not should which envelope the employee took out of the office.
Read MoreRefusing a Breath Test and Offering to Take a Urine Test is Still an OVI Refusal - DUI News - 7/22/2016
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The 8th District holds that it is still an OVI refusal when a person refuses a breath test but offers to take a urine test because, "it was not her option to decide which test would be administered."
Read MoreNo-Contest Pleas in Misdemeanor Cases Must Include an Explanation of the Facts, or the Defendant Should be Acquitted - DUI News - 7/21/2016
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The 8th District concluded that, absent an explicit waiver, a trial court must call for an explanation of the facts. If it does not, and the Defendant appeals, the charge should be dismissed and the Defendant acquitted due to double jeopardy protections.
Read MoreUnemployment Appeals Reports 3/11/16
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The 8th District affirms a denial of unemployment benefits to an employee who stored files, including pornographic files, on his work computer, holding that rules applying to the State Personnel Board of Review do not apply to unemployment benefits.
Read MoreDUI Appeals Reports 02/23/16
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The Eighth District seems to hold that an officer may initiate a traffic stop whenever a vehicle switches lanes of traffic, regardless of whether the officer has reason to believe they failed to ascertain whether it was safe to do so.
Read MoreDUI Appeal Reports 11/24/2015
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The 8th District reaffirms that the maximum sentence for a third-degree felony OVI without a specification conviction is 3 years while the 5th District holds there is reasonable suspicion to stop a bicyclist who rides in the middle of the road, then rides into an OVI checkpoint, but jumps out of the checkpoint by riding his bicycle over the curb and on to the sidewalk.
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