Legal Opinion
State v. Thurston
District Court of Appeal of Florida
Decided December 17, 1991No. 91-719PublishedCited by 2 opinions
1Per curiam
The trial court held unconstitutional Section 403.413, Florida Statutes (1991), as being overbroad as applied to motor vehicles. His order reads as follows:
“THIS CAUSE having come before the court for a Hearing on Tuesday, March 5, 1991, at 10:00 a.m., and the Court being fully advised by Motions made by the State and Defendant and by oral argument by both, the Court hereby finds the following in this case:
1. Today in Florida any ‘placing’ of such a ‘motor vehicle’ on a ‘road’ ‘... including any portion of the right-of-way ... except in ... areas lawfully provided ... ’ subjects the ‘placor’…
2Cases cited9 opinions
- Kolender v. LawsonSupreme Court of the United States · 1983
- Smith v. GoguenSupreme Court of the United States · 1974
- Winters v. New YorkSupreme Court of the United States · 1948
- State v. BenitezSupreme Court of Florida · 1981
- SE FISHERIES v. Dept. of Nat. ResourcesSupreme Court of Florida · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Enriguez v. StateDistrict Court of Appeal of Florida · 2003
- State v. DvorakDistrict Court of Appeal of Florida · 1996