Editing Twentieth Circuit Reverses DUI Conviction Orders New Trial
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In Bray vs The State of Florida, the appellate court in the 20th Circuit, sitting in its appellate capacity, reversed the trial court's denial defendant's motion for a mistrial made during a DUI matter where the defendant was convicted. The circuit court held that it was an abuse of discretion denying the defendant's motion for mistrial after a testifying police officer's testimony equated] Horizontal Gaze Nystagmus (HGN) test observations with a specific blood alcohol content (BAC) level, the alleged evidence concerning the defendant's level of impairment was minimal, and the curative instruction given to the jury stated merely that an HGN test couldn't be used to prove a specific BAC level, it did not state that the test couldn't be used to establish any blood alcohol content level or to establish that defendant was impaired. For additional information concerning [http://usa-bookmark.info/story.php?title=appellate-court-holds-pc-for-fleeing-and-eluding-developed-during-illegal-stop-is-legal-justification-to-stop-car How To Get A Record Expunged Fort Lauderdale FL ] you can contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd #700 Fort Lauderdale, FL 33301 (954)745-5848
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