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October 2015 Archives

DUI Checkpoints

While the United States Supreme Court has ruled that DUI checkpoints, also known as sobriety checks, are legal eleven state Supreme Courts have ruled that DUI checkpoints are a violation of the drivers Fourth Amendment rights against unwarranted searches. Florida is not one of those eleven states and DUI checkpoints are legal.

The affluenza defense to drunk driving charges

Some Florida residents may have been angered in 2013 when a 16-year-old Texas boy received no custodial sentence after admitting that he was drunk when he caused an accident that claimed the lives of four people. The judge elected to order the teen to attend alcohol counseling and serve 10 years of probation after defense attorneys argued that the teen's privileged upbringing had left him incapable of behaving in a morally acceptable manner.

Comparative Negligence

If an accident occurs rarely is it ever easy to point a finger and say that one party was 100% at fault for the accident, usually both parties are at fault to different extents. In 1973 Florida adopted a comparative negligence statue  that allowed parties to be held partially liable.