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4th District Court of Appeal Requires Trial Court to Review Costs Taxed to the Defendant in DUI Cas by Malcom Bloczynski
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4th District Court of Appeal Requires Trial Court to Review Costs Taxed to the Defendant in DUI Cas by MALCOM BLOCZYNSKI
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| Article Posted: 11/29/2012 |
| Article Views: 115 |
| Articles Written: 17 - MORE ARTICLES FROM THIS AUTHOR |
| Word Count: 257 |
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4th District Court of Appeal Requires Trial Court to Review Costs Taxed to the Defendant in DUI Cas |
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Law
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in Leyritz v. State of Florida, The Fourth District Court of Appeal reversed the court's ruling granting costs of prosecution, where the circuit court did not allocate specifically the costs of prosecution, & remanded for a ruling consistent with its opinion. The defendant was on trial for manslaughter by impairment & manslaughter based on unlawful blood alcohol content but was convicted only of the lesser included offense of driving under the influence. The state moved to tax the amount of $16,497 as costs for expert witness costs, transcripts, exhibits, and other expenses for trial preparation, along with $12,360 for testimony of toxicology experts. The defendant alleged that there should be an allocation of costs, since the defendant was convicted of a lesser-included crime. The circuit court ruled that defendant was responsible for paying the $12,360 for toxicology experts as well as a flat $15,000 for the other costs of prosecution. The district court held the trial court must determine that the costs sought by the State of Florida were reasonably and necessarily associated with the prosecution of the crime that the defendant was convicted and may not be vague as to whether the expenses requested were reasonably and necessarily related to the prosecution of the criminal offense of driving under the influence. Michael Dye and Daniel Rosenberg are Miami Criminal Attorneys who represent individuals charged with DUI and serious offenses in Miami-Dade County & throughout Florida. For more information, please call us at (305)429-3285 or visit our website by clicking here: Miami DUI Attorney.
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Florida DUI Attorneys, Florida Criminal Attorneys,
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