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Twentieth Circuit Reverses Dui Conviction Defendant Receives New Trial

By Expert Author: Garth Harbuck

In Bray vs The State of Florida, the appellate court in the 20th Judicial Circuit, in its capacity as an appellate court to the county court, reversed the trial court's denial defendant's motion for a mistrial made during a DUI trial where the defendant was found guilty. The appellate court held that it was an abuse of discretion to deny defendant's motion to declare a mistrial when a testifying police officer's testimony equated] Horizontal Gaze Nystagmus (HGN) test results with a specific blood alcohol content (BAC) level, the alleged evidence of the defendant's impairment was minimal, & the curative instruction given by the judge to the jury merely stated that an HGN test couldn't be used to prove defendant's BAC level, it did not state that the test couldn't be used to prove any blood alcohol content level or to establish the defendant was impaired.

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