Legal Opinion

Montanez v. State

District Court of Appeal of Florida

Decided January 30, 2009No. 5D07-4052Published

1Opinion of the CourtCohen, J.

The Eustis Police Department responded to an automobile crash that happened in the early morning of June 4, 2005. Officer Parks responded to the crash scene and observed a truck that had run through a guardrail. The driver’s side door of the truck was open, and the officer observed the air bag had deployed and a bottle of alcohol on the floorboard. The powder from the air bag was still circulating inside the vehicle, indicating the crash had just occurred. Officers Jicha and Miller were also dispatched to the scene and observed Francisco Montanez stumbling down the sidewalk a half block away…

2Cases cited4 opinions

  1. R.L.B. v. StateDistrict Court of Appeal of Florida · 1998
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2001
  3. Syverud v. StateDistrict Court of Appeal of Florida · 2008
  4. Fender v. StateDistrict Court of Appeal of Florida · 2007

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