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

By Author: Garth Harbuck

Total Articles:

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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