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Florida Jurisprudence 2d

Intoxication Defense

§ 151. Intoxication defense, generally; voluntary intoxication not a defense

§ 152. Involuntary intoxication defense

t§ 153. --As defense to negate intent

§ 267. Coercion or duress; order of superior

§ 268. Defense of necessity

§ 272. Ignorance or mistake of the law; impossibility or illiteracy

§ 273. Guilt of another person as defense; sufficiency of exculpatory evidence

 

In General

§ 411. Provisions relating to DUI, generally

§ 412. Arrest or stop, generally

§ 413. --Probable cause

§ 414. Applicability of offense to particular types of vehicles; persons liable

§ 415. Impairment of normal faculties

§ 416. --Evidence of impairment

§ 417. Requirement of actual physical control

 

Offense Resulting in Damage, Injury, or Death

§ 418. Damage to property or person of another

§ 419. Serious bodily injury

§ 420. Death

§ 421. Effect of prior convictions

 

Prosecution of Offenses

§ 422. Prosecution, generally

§ 423. Establishment of corpus delicti; evidence

§ 424. Jury trial

§ 425. Instructions; particular circumstances

 

Punishment 

§ 426. Punishment, generally

§ 427. Youthful Drunk Driver Visitation Program

§ 428. --Postvisitation conference

§ 429. --Immunity from civil liability

§ 430. Conviction no bar to civil suit

§ 431. Notice of suspension or revocation of driver's license upon conviction

 

Breath, Blood, and Urine Tests 

§ 432. Implied consent to testing, generally

§ 433. Refusal to submit to breath or urine test

§ 434. Implied consent to blood test

§ 435. Voluntary consent to blood test

§ 436. Refusal to submit to blood test; persons incapable of refusal

§ 437. Consultation with counsel or presence at testing

 

Request for Independent Test

§ 438. Request for independent testing by driver

§ 439. Request by individual where officer does not request tests

 

Test Methods and Administrative Regulations 

§ 440. Administration of tests, generally; relation of test to time of offense

§ 441. Preservation of test samples

§ 442. Evidence of trace amounts of controlled substances

§ 443. Release of test results; admissibility of results for other purposes

 

Breath and Urine Tests

§ 444. Breath test, generally

§ 445. Requisites for validity of breath test

§ 446. Responsibility for breath test instruments

§ 447. Urine test

 

Blood Tests 

§ 448. Who may withdraw blood

§ 449. Notice by health care provider

§ 450. Liability of blood withdrawer

§ 451. Blood drawn for medical purposes

§ 452. Proof of chain of custody of blood samples

§ 453. Chemical analysis of blood

§ 454. Who may perform analysis

 

Blood Tests Ordered in Cases of Death or Serious Bodily Injury 

§ 455. Blood tests ordered in cases of death or serious bodily injury, generally; when available

§ 456. Admissibility of blood test results for other purposes

§ 457. Order for trying of criminal charge; admissibility of refusal to take test

§ 458. Release of test results

 

Presumption of Impairment

§ 459. When impairment presumed

§ 460. Affidavit of test results

 

Field or Roadside Sobriety Tests 

§ 461. Standards for compelling test, generally

 

Ignition Interlock Devices

§ 462. Requirements for placement of device, generally

§ 463. Prohibited acts

§ 464. Exemption for employer-owned vehicle

 

Reckless and Careless Driving; Racing on Highways 

§ 548. Reckless driving, generally

§ 549. Evidence of reckless driving

§ 550. Relationship to other crimes

§ 551. Punishment for reckless driving

§ 552. Violation involving alcohol or substance abuse; DUI program

 

§ 1425. Crimes involving automobiles and other motor vehicles, generally

§ 1426. Decriminalization of traffic offenses; exceptions

§ 1427. Stop of vehicle on suspicion of traffic violation

§ 1428. Validity of police roadblocks

§ 1429. Juvenile traffic offenders

§ 1430. Leaving scene of crash involving injury or death

§ 1431. --Double jeopardy

§ 1432. Leaving scene of accident involving property damage

§ 1433. Motor vehicle driver's statutory duties to provide information and assistance following crash

§ 1434. Notification of motor vehicle crash; filing of accident report

§ 1435. --Obtaining, disclosing, or misusing confidential information contained in report

 

§ 1436. Driving under influence, generally; driving with unlawful blood alcohol level

§ 1437. What constitutes physical control of motor vehicle for purposes of driving under influence statutes

§ 1438. What constitutes physical control of motor vehicle for purposes of driving under the influence statutes--When person is asleep or unconscious in vehicle

§ 1439. Applicability of prohibition against driving under influence to private property

§ 1440. Applicability of prohibition against driving under influence to particular types of vehicles; persons liable

§ 1441. Investigatory stop for driving under influence

§ 1442. Arrest for driving under influence

§ 1443. Limits on release from custody of person arrested for driving under influence

 

§ 1444. Prosecution for driving under influence, generally

§ 1445. Establishment of corpus delicti in prosecution for driving under influence; evidence, generally

§ 1446. Evidence of motor vehicle driver's impairment

§ 1447. Proof of negligence and causation in DUI manslaughter prosecution

§ 1448. Jury trial in prosecution for driving under influence

§ 1449. Instructions in prosecution for driving under influence

§ 1450. Mandatory adjudication and imposition of sentence for driving under influence; certain guilty pleas prohibited

§ 1451. Propriety of multiple convictions or sentences for driving under influence

§ 1452. --DUI manslaughter

§ 1453. Effect of conviction for driving under influence on driving privileges and civil liability

§ 1454. First conviction for driving under influence

§ 1455. Second conviction for driving under influence

§ 1456. Third conviction for driving under influence

§ 1457. Fourth or subsequent conviction for driving under influence

§ 1458. Punishment where driving under influence causes property damage or personal injury

§ 1459. Punishment where driving under influence causes death (DUI manslaughter)

§ 1460. Punishment where driving under influence defendant has 0.15% blood or breath alcohol level or is accompanied by minor

§ 1461. Completion of substance abuse course or treatment for driving under influence, generally

§ 1462. Waiver of referral to substance abuse treatment for driving under influence

§ 1463. Cancellation of driving privilege for failure to report for or complete substance abuse course or treatment

§ 1464. Impoundment or immobilization of vehicle as punishment for driving under influence, generally

§ 1465. Definitions pertaining to impoundment or immobilization of vehicle as punishment for driving under influence

§ 1466. Order for impoundment or immobilization of vehicle as punishment for driving under influence; costs and fees

§ 1467. Dismissal of order of impoundment or immobilization concerning vehicle involved in driving under influence violation

§ 1468. Immobilization of vehicle by agency as punishment for driving under influence; conditions and requirements

§ 1469. Complaint for wrongful taking or withholding of vehicle impounded or immobilized as punishment for driving under influence

 

§ 1470. Youthful Drunk Driver Visitation Program, generally

§ 1471. Personnel and facilities to be visited by probationer under Youthful Drunk Driver Visitation Program

§ 1472. Previsitation counseling and postvisitation conference or report under Youthful Drunk Driver Visitation Program

§ 1473. Probation for driving under influence

§ 1474. Ignition interlock device following conviction for driving under influence

§ 1475. Service of period of imprisonment in residential treatment program on conviction for driving under influence

§ 1476. Participation in qualified sobriety and drug monitoring program on conviction for driving under influence

§ 1477. Participation in public service or community work project in lieu of fine for driving under influence

 

§ 1478. Prior convictions used to enhance punishment for driving under influence or determine nature of DUI offense, generally

§ 1479. Convictions that may be used to enhance punishment for driving under influence or determine nature of DUI offense

§ 1480. --Validity requirement

§ 1481. Notice of prior convictions in prosecution for driving under influence; pleading

§ 1482. Proof of prior convictions in prosecution for driving under influence

§ 1483. Determination as to existence of prior convictions in prosecution for driving under influence; bifurcated trial

 

§ 1484. Implied consent to testing for alcohol or other intoxicants, generally

§ 1485. Refusal to submit to breath or urine test; admissibility of evidence; required warning

§ 1486. Implied consent to blood test as conditioned on impracticability or impossibility of breath or urine test

§ 1487. Voluntary consent to blood test for alcohol or other intoxicants; waiver of Implied Consent Law protections

§ 1488. Refusal to submit to blood test for alcohol or other intoxicants

§ 1489. Admission of blood test results in prosecution for driving under influence where blood is withdrawn for medical purpose

§ 1490. Consultation with counsel or presence at testing for alcohol or other intoxicants

§ 1491. Additional or alternate tests for alcohol or other intoxicants; right to private test

§ 1492. Request for test by driver where officer does not request physical or chemical test for alcohol or other intoxicants

§ 1493. Administration of tests for alcohol or other intoxicants

§ 1494. Preservation of breath and blood samples to be used in prosecutions for driving under the influence

§ 1495. Relation of test results to time of offense of driving under influence

§ 1496. Evidence of trace amounts of controlled substances in prosecution for driving under influence

§ 1497. Release of results of tests for alcohol or other intoxicants; admissibility of results for other purposes

 

§ 1498. Breath test for alcohol or other intoxicants, generally

§ 1499. Requisites for validity of breath test for alcohol or other intoxicants

§ 1500. Operation, inspection, and registration of breath test instruments

§ 1501. Urine test for alcohol or other intoxicants

§ 1502. Requirements as to withdrawal and analysis of blood in prosecution for driving under influence; persons authorized

§ 1503. Notice by health care provider of blood test result

§ 1504. Liability of blood withdrawer in connection with test for alcohol or other intoxicants

§ 1505. Proof of chain of custody of blood samples in prosecution for driving under influence

 

§ 1506. Blood tests ordered in cases of death or serious bodily injury, generally

§ 1507. Determination of probable cause to order blood tests in cases of death or serious bodily injury

§ 1508. Admissibility of blood test results for purposes other than prosecution for driving under influence in cases of death or serious bodily injury

§ 1509. Release of test results in prosecution for driving under influence in cases of death or serious bodily injury

§ 1510. When impairment presumed in prosecution for driving under influence

§ 1511. Admissibility of affidavit as presumptive proof of results of test to determine alcohol content of blood or breath

 

§ 1512. Field or roadside sobriety tests, generally

 

§ 1513. Ignition interlock devices, generally

§ 1514. Prohibited acts in connection with ignition interlock devices; penalties for violations

§ 1515. Reckless driving

§ 1516. --Relationship to other crimes

§ 1520. Flight from officer

§ 1521. --High-speed vehicle chase

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