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State's Argument To Broaden The Meaning Of Actual Physical Control Rejected In Dui Appeal

By Expert Author: Garth Harbuck

In the matter of Green vs. Florida, the 4th Circuit Court, sitting in an appellate capacity, ruled on two significant legal issues. The first being what is "actual physical control" of a motor vehicle and the 2nd issue being the nature and extent of the fellow officer rule and how it might or might not be applicable to non-sworn law enforcement officers. After hearing arguments, the Appellate Court reversed the Defendant's conviction for driving under the influence rendered in the lower court

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