Court Ruling on Blood Alcohol Testing Machine Challenge

The State Attorney's Office says the panel of judges ruled that sobriety testing devices used were in fact federally approved ones. This denial of 400 defense DUI motions is the third unsuccessful challenge to the Intoxilyzer 8000 breath instrument since 2005. If the motion had passed the defendants would have successfully suppressed the breath test results and many would have had their DUI cases thrown out. The seven judges ruled unanimously that the Intoxilyzer was properly tested by the Department of Transportation and has been a "conforming product" since 2002.

DUI CASES NO LONGER ON HOLD IN COURT-- Sun-Sentinel, http://www.sun-sentinel.com, March 23, 2010.

DUI CASES TO MOVE FORWARD AFTER JUDGES REJECT CHALLENGE TO BLOOD-ALCOHOL TESTING MACHINE-- The Palm Beach Post, http://www.palmbeachpost.com, March 23, 2010

Is Your Music Too Loud For Florida’s Roadways?

In 2010, Florida’s legislators will be reviewing a proposed Bill, which would make driving with loud music a more severe crime and carrying harsher punishment. State Representative D. Alan Hays (R-Umatilla) introduced House Bill 137 to the Florida House of Representatives in September. If passed, this Bill, would modify the current loud stereo statute by imposing double the fines and making the offense a moving violation. If cited 3 times for this offense, the House Bill 137 would impose 3 points against their license and a $180.00 fine. These points would increase auto insurance premiums for the cited individual.
As it currently stands, it is currently unlawful to drive past a church, school or hospital with a stereo "plainly audible" from 25 feet away or that is "louder than necessary for the convenient hearing by persons inside the vehicle". Law enforcement and politicians are excluded from this law, since politicians often use loud sound devices for "political purposes".
While state law already imposes fines for loud stereos, many cities have already written their own civil ordinances imposing harsher laws and stringent punishment.
Resource: www.thenewspaper.com

Just Moved To Florida? Law Requirements For Driver’s License And Car Registration

Welcome to the Sunshine State! I know you have a busy schedule, but there’s a few things that you should do immediately to ensure you are following the laws of this State. First, you will need to convert your driver’s license to Florida. You can check online to see if you will need to take a written or road test to qualify for a Florida’s driver’s license. Secondly, you should inform your auto insurance carrier immediately of your move and obtain a Florida auto insurance policy from a licensed company. Thirdly, you will need to register your vehicle’s title with the county tax collector’s office. You will need to bring proof you have Florida automobile insurance, your original out-of-state title and physical inspection verification that your automobile’s VIN number is legitimate. You must register your vehicle within ten days of obtaining employment, placing children in public schools or establishing residency.

Resource: Florida DHSMV-New Residents

Justice Is Served On Extreme Brutality In Minnesota

Minnesota lawyers are finding justice in excessive force cases. Cases of police brutality by use of a taser may be difficult to win, but as Minnesota attorneys prove justice can be achieved.
Minnesota attorneys received a settlement for $200,000 an excessive force case which resulted in no permanent physical injuries. The Plaintiff suffered emotional damages and anxiety.
In this case the plaintiff was tasered, after refusing to comply with requests from the police.
Although the key in many Florida taser cases is unusual damages, this Minnesota case shows that settlement can be achieved.

Facts came from Minnesota Lawyer, Golden Valley Taser Case Leads to Significant Payout, by Barbara L. Jones, September 25, 2009. http://www.minnlawyer.com/article.cfm/2009/09/28/Golden-Valley-Taser-case-leads-to-significant-payout

Eyewitness’ Mistakes

Let’s say you’re a victim of a crime or you see a crime being committed. You concentrate your full attention on the perpetrator, because you want to remember everything, the color of their hair and eyes, face structure, skin tone, height, weight, what they are wearing and scars. You are certain that you remember this person in great detail. After the assault or after the crime is committed, you file a police report. Hours or days later, you are asked to identify the assailant in a police line-up. This is when mistakes are often made. Although you are certain that you remember the perpetrator in great detail, there are a lot of hidden influences that can hinder the accuracy of your memory about this person. For instance, if you were the victim of the crime, the stress and fear of the crime itself, could alter your memory of the assailant. Time lapse can cause your memory of the events or person to be shaded. There are many new studies about the psychology behind police line-ups and how a person can be easily influenced by the police officer to pick the “right” person. Although witnesses are told that the perpetrator might not be in the police line-up, the witness is inclined to believe that someone in the line-up is responsible for the crime, especially if the suspects are physically similar to each other. This identification testimony can be very convincing to a jury. Bad identifications in the context of police line ups and in other contexts have resulted in false imprisonments. Advancements in DNA testing have helped decrease the chances of being wrongfully convicted. DNA while not without its own limitations has exculpated more than a few falsely accused persons.

Sources: 60 Minutes: “Picking Cotton”, National Science Foundation: Mistaken Idenity: How Feedback “After the Fact” Influences Eyewitneses http://www.nsf.gov/discoveries/disc_summ.jsp?cntn_id=100715&org=SBE

Tampa Bay Paralegal Association Annual Seminar

Michael P. Maddux, P.A. was a presenter at the Annual Seminar on Friday September 18, 2009 which is sponsored each year by the Tampa Bay Paralegal Association. Some of the presentation materials can be found here.

Power Point - Presentation Admissibility of Evidence from Electronic Sources

Word Document - Outline Admissibility of Evidence from Electronic Sources