DUI Appeals

SUCCESSFUL FLORIDA DUI APPEALS ATTORNEY

Criminal defense attorney Mitchell Stone recently won a significant appellate decision in the State of Florida confirming the reversal of his clients' DUI conviction.

Many DUI defense attorneys consider this case to be the most important decision concerning expert testimony in dui trials in several years.

To find out if Stone and Associates in Jacksonville Florida can help you with your case click here to contact the firm by email or call 904-396-3335

STATE OF FLORIDA, Petitioner, v. BRUCE R. CLEMENTS, Respondent.

1^st District. Case No. 1D07-2867
Below is a brief description of the case. To read the courts' full published opinion click here.

Criminal law - Driving under the influence - Circuit Court acting in its appellate capacity did not depart from essential requirements of law when it reversed DUI conviction and ordered new trial on ground that defense should have been permitted to offer expert testimony tending to show that defendant was not impaired at time of arrest, even though he had consumed alcohol before getting behind wheel - State's petition for writ of certiorari denied

Visit our success stories page to learn about many other great results we have achieved for our clients in cases ranging from dui defense towhite collar crime charges.

Additional Successful DUI Appeals:

ROBERT JOHN GUYTON, Petitioner, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Dec. 2008

16 Fla. L. Weekly Supp. 124b

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Actual physical control of vehicle -- Evidence -- Accident report privilege -- Hearing officer erred in failing to suppress statements identifying licensee as driver that were made by licensee during accident investigation -- Where reports admitted at hearing do not indicate that officers responding to accident scene observed licensee behind wheel, accident report identifies some other person with same name as licensee as driver, and civilian witness affidavits only identify driver as white male wearing grey shirt but there is nothing to verify that licensee was person described or was wearing grey shirt, hearing officer's conclusion that licensee was driver is not supported by admissible evidence -- Where hearing officer stated in decision that licensee performed unsatisfactorily on field sobriety exercises, but all reports in evidence indicate that exercises were never conducted, hearing officer denied licensee due process by departing from neutrality and manufacturing evidence to support decision -- Petition for writ of certiorari granted

CORINA L. WILLARD, Petitioner, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT Oct. 2008

15 Fla. L. Weekly Supp. 1137b

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Where officer who stopped licensee for excessive horn honking and following another vehicle too closely only noticed licensee after she reacted to being cut off by other vehicle that abruptly changed lanes in front of her without having safe distance for lane change and without signaling, and licensee committed no traffic violations after honking horn, hearing officer erred in finding that stop was justified by licensee's "erratic driving" -- Petition for writ of certiorari granted

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