Vehicle Immobilization for Florida DUI| Florida Statute 316.193(6)(a)

Vehicle Immobilization | 316.193(6)(a)
Automobile Immobilization | 316.193(six)(a)

Car Immobilization for Florida DUI| Florida Statute 316.193(six)(a)

Penalties for Driving Under the Influence Car immobilization is one of the penalties for driving beneath the influence in Florida.  While the statutory language says that car immobilization is mandatory, there are several exceptions. The penalties for driving beneath the influence are identified in Florida Statute 316.193. Pursuant to Florida Statute 316.193(six)(d), the court should […]

The post Automobile Immobilization for Florida DUI| Florida Statute 316.193(6)(a) appeared initial on DUI MOTIONS.

Published at Sat, 28 Nov 2015 23:18:55 +0000

Traffic Stop Outside of Jurisdiction | Motion to Suppress

Stop Outside of Jurisdiction | Motion to Suppress

Can a Police Officer Stop Me Outdoors of His Jurisdiction? The basic answer to this query is no. Nevertheless, as with every single other legal principle, there are many exceptions. A single of the most frequently recognized exceptions is the doctrine of hot pursuit. The doctrine of hot pursuit has been codified into Florida Statute 901.25 which […]
Published at Sun, 18 Oct 2015 15:14:05 +0000

Constitutional Right to a Speedy Trial

Speedy Trial
Photo by mer de glace

Constitutional Correct to a Speedy Trial

How lengthy does the state have to bring me to trial? The right to a speedy trial is not as simple and basic as it appears. Florida has its personal additional speedy trial rules. A misdemeanor have to be brought to trial within 90 days or 175 days for a felony. However if the delay is due to the defense, then your speedy trial proper is waived. This often takes place when the defendant takes a continuance or not displaying up for court. The Sixth Amendment of the United States Constitution also provides the right to a speedy and public trial. The guidelines for the Sixth Amendment are slightly diverse. As is seen under, there are instances when the federal proper is violated, but not the state right. […]
Published at Tue, 06 Oct 2015 03:21:48 +0000

Police can’t delay traffic stops to investigate crimes absent suspicion

If I am reading this correctly, the Judges in the 8th Circuit don’t seem to understand that the Supreme Court is proper by definition.  See Marbury vs. Madison.  This is a quite well settled region of law.  Here are some examples of winning motions from a criminal defense motion bank.

Rodriguez v. U.S.

Supreme Court settles most current Fourth Amendment dog-sniff case

Rodriguez v. U.S.
United States Supreme Court

For the third time in current years, the Supreme Court has decided a case involving the constitutional sniffing powers of police dogs.

In a 6-3 decision on Tuesday, Justice Ruth Bader Ginsburg said in her …
By Constitution Daily (weblog) on Wed, 22 Apr 2015 03:18:43 -0700

NOT SO Quick!

Court says drugs seized in Valley visitors cease can be utilized as proof
Last year the 8th Circuit concluded primarily based on long-held precedent that prolonging the cease by several minutes for the dog sniff was a permissible intrusion on Rodriguez’s Fourth Amendment appropriate to be free from unreasonable search and seizure. But in a
By Omaha Planet-Herald on Thu, 03 Sep 2015 22:37:00 -0700
Motions supplied by: