FEDERAL AND STATE CRIMINAL DEFENSE ATTORNEYS
O'Brien Hatfield, PA GET YOUR FREE CASE REVIEW GET YOUR FREE CASE REVIEW Click To Text
TAMPA (813) 228-6989 • ORLANDO (407) 808-6750 • en Español (813) 390-2494

Trial Court Order Reversed for Relying on Outdated Law

In Moore v. State, 38 Fla. L. Weekly D2184a (Fla. 2nd DCA 2013), a trial court order was reversed due to the fact that the trial court judge relied on outdated law.

In that case, Moore filed a motion to suppress items discovered during a stop. An officer had stopped Moore because the information the Officer received when running Moore's tag on the in-car computer system confirmed that the tag was registered to Moore, but indicated that the tag was not assigned to the vehicle he was driving. The information was incorrect because the data had not been correctly entered into the computer system by the Department of Highway Safety and Motor Vehicles.

Because the trial court relied on an overturned case in denying the motion to suppress, and because newer case law and newer legislation suggested differing outcomes, the case was remanded for a new suppression hearing.

No Comments

Leave a comment
Comment Information
Mark J. O'Brien's cases have been featured in:
The New York Times | The Miami Herald | Bay News 9 | abc 7 | The Boston Globe | USA Today | Tampa Bay Times | FOX News Channel | The Washington Post | abc Good Morning America | Chicago Tribune | NT News Talk Florida | St. Petersburg Times | Deadspin
“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
  • Former Partner at the Law Firm of Adams and Diaco (Robert Adams and Stephen Diaco)
  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
More Testimonials
American Association for Justice National Association of Criminal Defense Lawyers | NACDL 1958 Florida Association of Criminal Defense Lawyers | FACDL Super Lawyers AVVO | See Reviews LC | Lead Counsel Rated g+ | See Reviews