Tuesday, September 29, 2009
Corpus Delicti - DUI - Statements of Identification
Tampa DUI and Expert Defense Attorney comments on Actual physical control of vehicle, Evidence and Statements of defendant, including Identification of defendant as driver. Recently a court ruled that there were inadmissible statements made during an accident investigation. Court ruled there was an invalid identification of a driver in alleged DUI using driver's license and documents provided to trooper investigating accident. The defendant's admission that he was driver were protected by accident report privilege . Post-Miranda statements which restated admissions made during accident investigation are inadmissible to establish Corpus Delicti.
A court recently ruled that where prosecutor failed to prove existence of legitimate independent source identifying defendant as driver of vehicle at time of crash, any evidence as to identity of the driver is inadmissible in the DUI criminal case. Finally court destroyed the State's case when it found that where the cop did not observe evidence of impairment and the odor of alcohol until after he had requested that defendant submit to field sobriety exercises and had demonstrated first exercise, any evidence related to field sobriety exercises was inadmissible.
Accused of DUI with a Crash? Tell me your story Toll Free 1-877-793-9290 .
Source: FLW Vol 16 / 863a
Corpus Delicti - DUI - Statements of Identification
A court recently ruled that where prosecutor failed to prove existence of legitimate independent source identifying defendant as driver of vehicle at time of crash, any evidence as to identity of the driver is inadmissible in the DUI criminal case. Finally court destroyed the State's case when it found that where the cop did not observe evidence of impairment and the odor of alcohol until after he had requested that defendant submit to field sobriety exercises and had demonstrated first exercise, any evidence related to field sobriety exercises was inadmissible.
Accused of DUI with a Crash? Tell me your story Toll Free 1-877-793-9290 .
Source: FLW Vol 16 / 863a
Corpus Delicti - DUI - Statements of Identification
Labels: accident report privilege Actual physical control, corpus delicti, field sobriety exercises
Saturday, October 08, 2005
Confessions DUI and the Corpus Delicti Rule - Tampa DUI
Appeals court ruled it was error to allow state to introduce defendant's confession into evidence before state had proven corpus delicti of offense of DUI with serious bodily injury -- There can be no conviction for DUI with serious bodily injury without proof that defendant was driving vehicle and was impaired at time of crash, and there was no evidence independent of her confession that defendant was actually behind wheel of vehicle at time of crash -- Conviction for DUI with serious bodily injury reversed, and defendant is to be discharged for this offense -- Defendant's confession was properly admitted into evidence as to offense of leaving scene of crash with injuries because victim testified that he was hit by car which fled the scene
Reported at 30 Fla. L. Weekly D2379a
Reported at 30 Fla. L. Weekly D2379a
Labels: corpus delicti, dui, DUI Tampa, DUI Tampa Attorney, florida dui lawyer
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