McCOSKEY v. STATE

No. 1D11-1035.

76 So.3d 1012 (2011)

Eugene McCOSKEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 2012.


Attorney(s) appearing for the Case

James T. Miller , Jacksonville, for Petitioner.

Pamela Jo. Bondi , Attorney General, Trisha Meggs Pate , Assistant Attorney General, Ralph F. Guerra , Assistant Attorney General, and Edward C. Hill, Jr. , Assistant Attorney General, Tallahassee, for Respondent.


HAWKES, J.

Eugene McCoskey is petitioning this Court to grant a writ of certiorari, requiring that the trial court permit him to present evidence of his intent to drive during his trial for violating the Florida DUI statute. We deny his petition, finding the lower court did not depart from any essential requirement of law by prohibiting petitioner from making his subjective intent an issue at trial.

Facts

Petitioner, Mr. McCoskey, was arrested...

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