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STATE v. McCARTHA

No. 1D22-794.

372 So.3d 754 (2023)

STATE of Florida, Appellant, v. Damien A. McCARTHA, Appellee.

District Court of Appeal of Florida, First District.

September 6, 2023.

Attorney(s) appearing for the Case

Ashley Moody , Attorney General, and Miranda L. Butson , Assistant Attorney General, Tallahassee; Jack Campbell , State Attorney, and Anne C. Scott , Assistant State Attorney, Tallahassee, for Appellant.

Jessica J. Yeary , Public Defender, and Tyler K. Payne , Assistant Public Defender, Tallahassee, for Appellee.

The question this case presents is whether Appellee's vehicle was "involved in the crash" allowing for a warrantless misdemeanor arrest for driving under the influence of alcohol, when Appellee's vehicle was found by the arresting officers overturned in a ditch with a damaged headlight, but with no evidence that the vehicle had hit anything...

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