Legal Opinion

Schwartz v. State

Circuit Court for the Judicial Circuits of Florida

Decided November 14, 1990No. Case No. 89-47AC10, Lower Court Case No. 88-19386MM10Published

1Opinion of the Court

OPINION OF THE COURT

MEL GROSSMAN, Circuit Judge.

THIS CAUSE comes before the Court upon the appeal of a conviction entered against the Appellant, Marc I. Schwartz, who was charged by Information on August 17, 1988, with Driving Under the Influence and with Leaving the Scene of an Accident, pursuant to F.S. 316.193(1) and F.S. 316.063, respectively.

On May 12, 1989, the non-jury trial and motion to suppress hearing *28were held simultaneously. The Trial Court suppressed the videotape and breath alcohol test results, but allowed the independent observations of the police officers. The Trial Court…

2Cases cited8 opinions

  1. State v. PhoenixDistrict Court of Appeal of Florida · 1982
  2. Robert George Moll v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. Phoenix v. StateSupreme Court of Florida · 1984
  4. Edwards v. StateDistrict Court of Appeal of Florida · 1985
  5. State v. EnglehardtDistrict Court of Appeal of Florida · 1985

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