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Florida's Second District Court of Appeals Rules Red Light Camera Tickets are Legal!

Today Florida's 2nd District Court of Appeals (DCA) ruled that municipalities can contract with 3rd party vendors to sort through images and issue violations for red light violations. This ruling covers Polk, Pasco, Hillsborough Pinellas, Manatee, and other counties in the jurisdiction of the 2nd DCA. The opinion can be read here. While the opinion...

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Polk County Sheriff deputy arrests man for DUI for riding a bicycle with only a 0.04 BREATH TEST LEVEL!!!

This week, a Mulberry man was arrested for Driving Under the Influence for allegedly riding his bike down the street while impaired.  Can a person get a DUI while riding a bike in Florida?  Yes! In Florida, a person is guilty of DUI if they are driving a “vehicle” while impaired.  Notice that “motor vehicle”...

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2nd District Court of Appeals rules police holding driver's license is a seizure

Last week, the Second District Court of Appeals overturned a Defendant's conviction for possession of a controlled substance (carisoprodol).  The rulings by the 2nd District Court of Appeal are binding on the county and circuit court's of Polk County.  That means the felony or misdemeanor judge in Polk County must follow the appellate court's rulings...

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