STATE v. DAVIS

No. 4D08-1216.

14 So.3d 1130 (2009)

STATE of Florida, Appellant, v. James DAVIS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 17, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellee.


STEVENSON, J.

This is an appeal by the State of an order dismissing a felony DUI charge against defendant James Davis. The dismissal was entered as a sanction for the State's loss of the video recording of Davis's performance of roadside sobriety tests. Finding that dismissal was too harsh under the circumstances present here, we reverse and remand for further proceedings.

The defendant was stopped at a DUI checkpoint in Pembroke Pines. The probable cause...

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