11th District Holds State Can't Take Plea to Misdemeanor OVI and then Charge Felony OVI - DUI News - 10/1/2016
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11th District Confirms that the State Must Identify that it is Charging a Felony OVI When It Intends to Do So
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No-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 MoreDUI Appeals Reports 01/12/16
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The Fourth District holds that admission of a defendant's refusal to take a chemical test at trial does not violate a defendant's Fifth and Fourteenth Amendment rights, imposing an administrative license suspension and criminal penalties does not violate Double Jeopardy protections, and disagrees with the 11th District by concluding that courts need not accept defendants' offers to stipulate to prior OVI convictions.
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