Practice Area:Criminal Defense
Outcome:In Favor of Defendant
Description:Breath/Urine/Blood Test – Trial court did not err in granting motion to suppress evidence concerning urinalysis in DUI case; it was not shown that the urine sample provided was the product of an intelligent, voluntary, and knowing decision on behalf of Appellee, rather than acquiescence to police authority. Appellee initially agreed to provide urine sample, but sample was ultimately obtained from catheterization performed by hospital staff, over Appellee’s complaints - Order granting motion to suppress affirmed, with dissenting opinion. State v. Bottie, No. CRC10-00038APANO (Fla. 6th Cir. App. Ct. February 8, 2011).