123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

Circuit Court Overrules Trial Court. Officer Had Developed Reasonable Suspicion Of Dui.

By Author: Henry Rundquist
Total Articles: 4

The Circuit Court acting in its appellate capacity over the county court reversed & remanded the lower court's ruling granting defendant's motion to suppress in the case of State v. Majaraj. The defendant submitted his motion to suppress certain evidence arguing that the law enforcement officer did not develope reasonable suspicion to detain the defendant for a DUI investigation. The appellate court gave deference to the findings of fact made by the lower court, but reversed the ruling because it determined that the lower court's ruling wasn't supported by competent evidence. The trial court's findings of fact were that the officer witnessed the defendant speeding and conducted a traffic stop on defendant's vehicle. When the police officer made contact with the defendant, the law enforcement officer smelled the odor of alcohol eminating from defendant's person & also noticed that defenddant's eyes were bloodshot. The defendant admitted to drinking alcoholic beverages earlier in the day. The circuit court held that the officer had reasonable suspicion in order to temporarily detain defendant in order to conduct a DUI investigation when it applied the law to the county court's factual findings. The appellate court issued an opinion reversing the trial court's order allowing the defendant's motion to suppress and remanded the case to the lower court in order for the lower court to conduct further proceedings consistant with the circuit court's decision.

For more information concerning Expunge Record Fort Lauderdale FL , Criminal Defense Lawyer Fort Lauderdale FL or Criminal Defense Lawyer Fort Lauderdale FL , please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd #700
Fort Lauderdale, FL 33301
(954)990-0525

Total Views: 67Word Count: 287See All articles From Author

Legal Articles

1. Employment Law
Author: Thailand Lawyer

2. Duties And Responsibilities Of Criminal Defence Lawyers
Author: Wynona G. Ehret

3. Criminal Law In Thailand
Author: Thailand Lawyer

4. Corporate Litigation
Author: Thailand Lawyer

5. Civil Law In Thailand
Author: Thailand Lawyer

6. Punitive Damages In Trucking Cases Tucson Truck Accident Attorney
Author: danielrhien

7. Thailand Law Firm: Business Related
Author: Thailand Lawyer

8. 2 Pointers You Must Know Before Planning For Business Lawyers In Nj For Your Business
Author: Howard N Sobel

9. Should Texting While Driving Have Penalties Similar To Dui In Arizona
Author: adamchrly

10. 6 Mistakes To Avoid After An Auto Accident In Scottsdale
Author: krinomid

11. Massachusetts Compensation Lawyer For Denied Claims
Author: Tina Smith

12. What To Do After A Truck Accident With Hazardous Materials
Author: chrisalegry

13. 6 Common Questions About Marital Separation Agreement
Author: Carl Glendon

14. Thailand Law Firm: Criminal Cases
Author: Thailand Lawyer

15. Top 6 Reasons As How Business Attorney In New Jersey Is Your Best Chance To Grow
Author: Howard N Sobel

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: