Legal Opinion
O'BRIEN v. State
District Court of Appeal of Florida
Decided March 2, 2012No. 1D11-4849PublishedCited by 1 opinion
1Opinion of the CourtWetherell, J.
William O’Brien petitions for certiorari review of the circuit court order affirming the county court’s denial of his motion to vacate a 1982 conviction and sentence. We deny the petition.
On July 30, 1982, O’Brien pled no contest to, and was adjudicated guilty of driving with an unlawful blood alcohol level (DUBAL). At the time, this offense was separate from driving while under the influence (DUI) and required proof of a blood alcohol level of .10 percent or greater. § 316.193(3), Fla. Stat. (1981). The record of the 1982 proceeding does not reflect O’Brien’s blood alcohol level at the time…
2Cases cited5 opinions
- Haines City Community Dev. v. HeggsSupreme Court of Florida · 1995
- Custer Medical Center v. United Automobile Insurance Co.Supreme Court of Florida · 2010
- Nowlin v. StateDistrict Court of Appeal of Florida · 1994
- White v. StateDistrict Court of Appeal of Florida · 2006
- Solano v. StateDistrict Court of Appeal of Florida · 2010
3Cited by1 opinion
- Smith v. StateDistrict Court of Appeal of Florida · 2015