Legal Opinion

State v. Banoub

District Court of Appeal of Florida

Decided September 3, 1997No. 96-01958PublishedCited by 2 opinions

1Per curiam

The State appeals the trial court’s order suppressing the results of a blood-alcohol test given to the defendant, Hani S. Banoub, approximately four hours after the car accident which resulted in the charges in this case. Because the trial court abused its discretion by excluding the test results, we reverse.

Banoub was charged with driving under the influence with serious bodily injury and leaving the scene of an accident with injury, both third-degree felonies. A police officer stopped the vehicle driven by Banoub because there was reason to believe that it had been involved in a nearby…

2Cases cited4 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Haas v. StateSupreme Court of Florida · 1992
  3. Miller v. StateSupreme Court of Florida · 1991
  4. Gallagher v. StateDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Smallridge v. StateDistrict Court of Appeal of Florida · 2005
  2. Hamzik v. StateDistrict Court of Appeal of Florida · 2004

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