Legal Topics

Criminal law — Driving under influence — Search and seizure — Collision without resulting damage is a “traffic crash” under section 316.645

Jul 17th, 2018 in News by admin

Criminal law — Driving under influence — Search and seizure — Collision without resulting damage is a “traffic crash” under section 316.645 that would trigger an officer’s warrantless arrest authority under that statute — Phrase “traffic crash” as used in statute is not ambiguous and requires only that a vehicle collide with another vehicle, object, or person — Trial court erred in granting motion to suppress on ground that reasonable suspicion to conduct DUI investigation was gained during unlawful crash investigation — Rule of lenity does not apply to section 316.645, which does not define criminal conduct or proscribe criminal penalties