Articles Posted in DUI

People accused of DUI violations and other crimes have the right to a fair trial. As a result, if a judge sitting over a criminal case exhibits undue prejudice against the defendant, it may be possible to argue that the judge should not be allowed to preside over the case. In a recent judgment delivered in a DUI case, a Florida court explained what a defendant seeking a writ of prohibition banning a judge from hearing a case must prove. If you’ve been charged with a DUI, it’s a good idea to speak with a Florida DUI defense lawyer to discuss your options.

The Case’s Background

According to reports, the defendant was charged with multiple alcohol-related offenses, including DUI (driving under the influence) with significant physical injury and property damage. He was released on bond, but was later arrested and charged with a number of crimes, including vessel homicide and boating while intoxicated.

According to reports, his bond was revoked by the trial court, and the State filed a motion for pretrial custody, citing a past DUI conviction in another state. After determining that the State met the threshold for proving that pre-trial custody was required, the court granted the application. After being acquitted, the defendant filed a petition for a writ of prohibition to prevent the assigned trial judge from continuing to preside over his criminal case. After his move for reconsideration was denied, he also filed a petition for review of the pretrial detention order. Continue Reading ›

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