RICHARD LIVINGSTON WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Richard Livingston White was convicted of two counts of vehicular homicide based on a blood alcohol test conducted after a fatal car accident. The Florida District Court of Appeal reversed his conviction, holding that the detective lacked probable cause to order the blood test because he had not observed any objective signs of intoxication.
The court held that Detective Lee lacked probable cause to order the blood test because he personally observed no objective signs of intoxication and was unaware of the paramedic's observations at the time he ordered the test. Probable cause requires knowledge of facts and circumstances sufficient to cause a reasonable person to believe the suspect was under the influence, not mere suspicion.
[1] Probable cause to order a blood test under Florida Statutes Section 316.1933(1) requires an officer to possess knowledge of facts and circumstances sufficient to cause a…
[2] Probable cause for a blood alcohol test must be based on objective facts and circumstances, not on personal opinions or suspicions.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“probable cause to order a blood test exists under Section 316.1933(1) if the officer, based upon reasonably trustworthy information, has knowledge of facts and circumstances sufficient to cause a person of reasonable caution to believe that the suspect driver was under the influence of alcoholic beverages at the time of the accident”
Establishes the legal standard for probable cause under the statute
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWhite was the driver in a head-on collision at 2:00 a.m. that killed two people and injured White. Detective Lee arrived at the scene and observed ski…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Vehicular Homicide cases and more on FLexlaw
SHIVERS, Judge.
This is an appeal from the conviction and sentencing of appellant Richard Livingston White for two counts of vehicular homicide under Section 782.071, Florida Statutes (Supp.1984). The issue on appeal is whether probable cause existed to admit the results of appellant’s blood alcohol test into evidence. We reverse.
Appellant was the driver of a vehicle involved in a head-on collision killing two persons and injuring appellant. The accident occurred at approximately 2:00 a.m. Detective Lee of the Sheriff’s Office arrived at the scene where he observed the two vehicles, 193 feet of skid marks crossing the center line and determined that the posted speed was 30 m.p.h. He was notified of the two deaths and of the hospitalization of the only survivor, White. At the hospital Detective Lee ordered a blood alcohol test on the semiconscious White which showed a blood alcohol level of 0.18 grams per 100 milliliters of blood.1 During White’s trial, Detective Lee testified that he had no indication that White had had anything of an alcoholic nature, that he had not talked to anyone nor had he seen anything which led him to believe that there was alcohol involved, that he did not detect any odor of alcohol on White’s breath nor observe White walk or talk. A treating paramedic testified that he detected an odor of alcohol on White at the accident site and when he asked White if he had been drinking White replied he had a couple of beers.
The state relied upon Section 316.1933(1), Florida Statutes (Supp.1984) for authority to test defendant’s blood. The statute provides that if a law enforcement officer has probable cause to believe a motor vehicle driven by a person under the influence of alcoholic beverages has caused the death of a human being, such person shall submit to a blood alcohol test.
This court held in Jackson v. State, 456 So. 2d 916, 918 (Fla. 1st DCA 1984), that probable cause to order a blood test exists under Section 316.1933(1) if the officer, based upon reasonably trustworthy information, has knowledge of facts and circumstances sufficient to cause a person of reasonable caution to believe that the suspect driver was under the influence of alcoholic beverages at the time of the accident and caused the death or serious bodily injury of a human being. Although probable cause must be based on objective facts and circumstances, not on personal opinions or suspicions, the state met its burden in Jackson by showing that the trooper smelled alcohol on defendant’s breath. Id.
Similarly, in State v. Williams, 417 So. 2d 755, 756 (Fla. 5th DCA 1982), the trooper suspected intoxication and ordered a blood test based on the smell of alcohol on the defendant and the redness of his eyes. In contrast, Detective Lee’s testimony reveals he had no probable cause to believe appellant was under the influence of alcohol. He neither smelled alcohol on White’s breath nor knew the specific circumstances causing the accident. Furthermore, when ordering the blood test he had no knowledge of the facts testified to by the treating paramedic. Consequently, we hold that the trial court erred by permitting the results of White’s blood alcohol test into evidence without a showing of probable cause. We reverse, vacate appellant’s sentence, and remand for a new trial.
REVERSED and REMANDED.
ZEHMER and BARFIELD, JJ., concur. . The presence of 0.10 percent or more by weight of alcohol in the person’s blood is prima facie evidence that such person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired. Section 316.1934(2)(c), Florida Statute (Supp.1984).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Brown, 725 So. 2d 441 (Fla. 5th DCA 1999)…den, 655 So. 2d 215 (Fla. 1st DCA 1995); Cesaretti; Keeton; Jackson. Another factor present in this case was the observation that Brown had blood shot eyes.4 Indeed the absence of the odor of alcohol is critical in suppression cases. White v. State, 492 So. 2d 1163 (Fla. 1st DCA 1986). In many cases, the driver’s dangerous or reckless driving which preceded and probably caused the accident, is referenced as an objective fact or circumstances which supports a probable cause determination that the driver’s norm…
-
State v. Webb, 753 So. 2d 145 (Fla. 3d DCA 2000)…fficer has probable cause to believe a motor vehicle driven by a person under the influence of alcoholic beverages has caused the death or serous bodily injuries to a human being, such person shall submit to a blood alcohol test. See White v. State, 492 So. 2d 1163, 1164 (Fla. 1st DCA 1986). Although the accident in this case resulted in serious bodily injuries there is absolutely no evidence in the record before us that the officer who ordered the blood to be drawn from the appellee had any probable cause to…
-
State v. Starla Buchanon, 610 So. 2d 467 (Fla. 2d DCA 1992)…t be properly utilized by the law enforcement officer as the sole source of probable cause to believe that alcohol was a factor in the accident in which appellee had been involved. State v. Wenger, 560 So. 2d 347 (Fla. 5th DCA 1990); White v. State, 492 So. 2d 1163 (Fla. 1st DCA 1986). Affirmed. DANAHY, A.C.J., and CAMPBELL, J., concur. ALTENBERND, J., dissents with opinion.…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. State, 456 So. 2d 916 (Fla. 1st DCA 1984)
- State v. Williams, 417 So. 2d 755 (Fla. 5th DCA 1982)