Case Conclusion Date: 01.07.2008
Practice Area: DUI and DWI
Outcome: Amicus Curiae brief achieved desired result
Description: State of Florida v. Peter Kliewer Appeal No. CRC06-00037APANO The Pinellas County Circuit Court, acting in its appellate capacity, entered an order that was interpreted to prohibit our local County Court Judges from imposing the Pinellas County Jail â€œWork Release Programâ€ in any DUI sentence where Florida law otherwise called for a mandatory jail sentence. (Multiple Offenders would be required to serve a straight time jail sentence.) Although the Law Offices of Russo & Russo did not represent Defendant Kliewer, we did recognize the wide-spread impact this court decision had on our future clients, as well as, those of other local defense counsel. Accordingly, Russo & Russo petitioned the Circuit Court for permission to join the litigation on a Motion for Reconsideration as an Amicus Curiae (Friend of the Court.) Such permission was granted by the Circuit Court and we subsequently filed a comprehensive Amicus Brief arguing various cases and authorities. On January 7, 2008 a three judge panel granted the Motion for Reconsideration and expressly recognized arguments raised within our Amicus brief. The appellate court clarified their earlier decision and approved the use of the â€œWork Releaseâ€ program as a viable sentencing alternative.