22 results for 'cat:"Criminal Procedure" AND cat:"DUI"'.
J. Baker holds that defendant failed to preserve his claim that the trial court improperly denied his motion to dismiss since he subsequently made a deal to plead guilty to criminal endangerment. Claims of pretrial error are not automatically appealable after a plea and the right to appeal pretrial rulings must be expressly reserved during the plea process. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 21-0648, Categories: criminal Procedure, dui, Plea
J. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: criminal Procedure, Sentencing, dui
J. Stanfill finds that the lower court properly convicted defendant of OUI pursuant to a conditional plea of guilty. On appeal, defendant contends that the seizure was unlawful, because it occurred in his home's curtilage without a warrant. However, the argument was not properly preserved, and the court does not find obvious error in the proceeding. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: April 18, 2024, Case #: 2024ME29, Categories: criminal Procedure, dui
J. Emas finds that, in light of the state's motion for clarification, a new opinion is necessary to replace a previous opinion in defendant's speedy-trial dispute in her case in which she faces charges for fleeing the scene of an accident while driving under in the influence. Given the facts of the case and the applicable rules of criminal procedure, it cannot be said that defendant's petition for a writ of prohibition filed with the county court claiming she was denied a speedy trial within 90 days of her being taken into custody was an appeal that technically "delayed" her trial. Defendant's second writ of prohibition filed with the appellate court is granted, and the case is remanded for final discharge of defendant's misdemeanor charges.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: April 10, 2024, Case #: 23-1702, Categories: criminal Procedure, dui, Speedy Trial
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[Consolidated.] J. Vinci finds that the trial court improperly convicted two defendants of driving while intoxicated and other driving offenses because the court did not conduct hearings on the two cases and wrongfully held that counsel was required to request argument. Reversed.
Court: New Jersey Appellate Division, Judge: Vinci, Filed On: April 4, 2024, Case #: A-2054-22, Categories: criminal Procedure, dui
J. Mackey finds that the lower court properly convicted defendant of aggravated driving while intoxicated with a child passenger, driving while impaired by drugs, and drug possession based on evidence gathered during a traffic stop for using a cell phone while driving. Defendant contends the DWI charge should have been dropped because evidence did not indicate intoxication from alcohol, but in recognition of an apparent clerical error in citing the underlying law, that count was amended during trial without prejudicing defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: 112888, Categories: criminal Procedure, dui
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: criminal Procedure, dui, Vehicle
J. Hunter vacates defendant's conviction for operating a vehicle while intoxicated, fourth or subsequent offense. In this case, defendant's third predicate conviction was not valid because he was not adequately advised of his Boykin rights at the time of the guilty plea. Defendant was not advised that he was entitled to a trial by jury for the 2013 offense. Therefore, this court enters a judgment of conviction for operating a vehicle while intoxicated, third offense. Vacated.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,574-KA, Categories: criminal Procedure, dui
J. Panella finds that the lower court properly sentenced defendant for driving under the influence of a controlled substance after being pulled over for a traffic stop and admitting to taking medical marijuana that day. There is no legal support for defendant’s argument that medical marijuana is not a Schedule I controlled substance. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: February 9, 2024, Case #: J-S41008-23, Categories: criminal Procedure, Drug Offender, dui
J. Lie holds that the trial court improperly dismissed two murder counts against defendant. The two-dismissal rule does not apply to prohibit prosecution because the first dismissal by the magistrate court was not based on a factual finding. The magistrate court's preliminary hearing probable cause conclusion that defendant lacked the requisite state of mind for murder charges was a legal conclusion, not a factual one, so the state was free to file a second complaint. Reversed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: September 15, 2023, Case #: H050153, Categories: criminal Procedure, Murder, dui
The panel finds that the trial court should not have granted defendant's motion to quash the bill of information that charged defendant with DUI, driving without a license, driving without lighting, and failure to maintain control of a vehicle. The state shows that defendant's failure to appear at his arraignment interrupted the one-year time limitation. The record shows that defendant received actual notice by accepting and signing his appearance bonds, which contained his arraignment date. Defendant also admits that he voluntarily departed the United States and remained outside of the country for five years.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: September 13, 2023, Case #: 23-K-396, Categories: criminal Procedure, Immigration, dui
[Consolidated.] J. Henderson finds the trial court erroneously dismissed child abuse by endangerment charges against defendants when they were charged with operating a vehicle while intoxicated with a minor. A prosecutor has discretion to bring both charges when the facts of a case support them. Although the general/specific statutory rule requires a more specific charge be used when two criminal charges conflict, the two in this case have plainly different elements that allowed the prosecution to bring them against both defendants who appealed to this court. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: August 21, 2023, Case #: A-1-CA-40129, Categories: criminal Procedure, dui, Child Victims
J. Land finds that the trial court properly convicted defendant of DUI and traffic offenses. The trial court correctly denied defendant's motion in arrest of judgment alleging that the amended accusation against her was void because it was filed outside the two-year statute of limitation. Covid-19 judicial emergency orders suspended the running of the limitation period for 122 days, therefore the statute of limitation did not expire until after the amended accusation was filed. The state was not required to notify defendant of the Covid-19 tolling provision in the amended accusation. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: July 20, 2023, Case #: A23A1032, Categories: criminal Procedure, dui
J. Ortega finds the trial court erred by permanently revoking driving privileges of a defendant convicted of DUII, which the state concedes was erroneous. Defendant’s Alaska DUII conviction should not have been considered in the revocation since the elements in both of the relevant statutes are not the same. Reversed in part.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 19, 2023, Case #: A176393, Categories: criminal Procedure, Sentencing, dui
J. Bowes finds that the lower court improperly denied defendant’s pretrial motion to compel the district attorney to nominate him for an accelerated rehabilitative program in line with his sentencing for driving under the influence. A precedential case was recently decided that gives defendant standing to pursue this motion. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: July 11, 2023, Case #: J-A13005-23, Categories: criminal Procedure, Sentencing, dui
J. Bilbrey finds that the trial court improperly denied the state's motion to continue a hearing regarding suppression of evidence related to DUI charges because the state performed due diligence in serving a police officer, and his testimony was vital to the issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: June 14, 2023, Case #: 1D22-8, Categories: criminal Procedure, Search, dui