State v Benavides, 23 Fla. L. Weekly Supp 1004a
Mar 18, 2016OUTCOME: Motion to Suppress granted
Traffic stop for license plate frame which does not cover alpha numeric information or registration sticker unlawful. Evidence Suppressed.
Tavares, FL
Appeals Lawyer at Tavares, FL
Practice Areas: Appeals, Personal Injury ... +2 more
OUTCOME: Motion to Suppress granted
Traffic stop for license plate frame which does not cover alpha numeric information or registration sticker unlawful. Evidence Suppressed.
OUTCOME: Affirmed.
Challenged payment of arrears child support payments after disestablishment of paternity
OUTCOME: Reversed and defendant discharged
Appealed trial court's ruling using key clicker in parking lot established reasonable suspicion of theft of keys and auto to stop DUI defendant.
OUTCOME: The Circuit Court reversed the trial court without prejudice due to a lack of record or findings of fact.
Appeal to Circuit Court to vacate criminal contempt for subpoenaed witness (victim) failure to appear at traffic ticket hearing. At an unrecorded hearing the court entered a judgment adjudicating Def ... endant in contempt without making findings of fact.
OUTCOME: Reversed. No actual physical control observed by officer. Unlawful misdemeanor arrest. Defendant Discharged.
Appeal from trial court holding officer had arrest authority when keys had been removed by fast food worker prior to officer's arrival where there was no citizen's arrest.
OUTCOME: Motion to Suppress granted
Officer who saw driver in her own driveway did not observe offense of Driving While License Suspended in his presence
OUTCOME: Motion to Suppress granted
Officer did not have authority to arrest Defendant for DUI where he did not observe Defendant behind the wheel of vehicle since in order for there to be a "crash" there must be some damage to property
OUTCOME: Reversed and remanded
In a sexual battery prosecution where the case turned on the victim's credibility, the improper use of similar fact evidence of a collateral crime may have affected the jury's verdict and therefore cou ... ld not be deemed harmless error.
OUTCOME: Circuit court reversed with direction to transfer case to Marion County.
The circuit court of Putnam County denied a motion for change of venue. The court held the venue of the guardianship of the ward's property in this case should be changed from Putnam County to Marion ... County, Florida, where the ward now resides.