STATE OF FLORIDA, PETITIONER,
v.
MARTHA BENYEI, RESPONDENT
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[*1259] COWART, Judge.
The state seeks a writ of certiorari to review the circuit court’s reversal of the county court’s conviction of respondent for driving or being in physical control of an automobile while intoxicated. § 316.1931, Fla.Stat. (1985). There was sufficient circumstantial evidence presented for the jury to find respondent guilty of driving while intoxicated. Although the respondent’s car may have been inoperable at the time the state trooper arrived on the scene, there is sufficient circumstantial evidence for the jury to find that respondent was driving while intoxicated when her car went off the highway onto the median.1 The circuit court, in its appellate capacity, improperly substituted its opinion of the facts for that of the trier of facts and reweighed the evidence to reach a conclusion different than the jury.2
The petition for writ of certiorari is granted, the writ is issued, and the opinion of the circuit court is quashed.
PETITION GRANTED.
UPCHURCH, C.J., and SHARP, J., ' concur. . See, e.g., Griffin v. State, 457 So. 2d 1070 (Fla. 2d DCA 1984); Goldstein v. State, 223 So. 2d 354 (Fla. 3d DCA 1969); County of Dade v. Pedigo, 181 So. 2d 720 (Fla. 3d DCA), cert. denied, 188 So. 2d 817 (Fla.1966); State v. Goodwyn, 24 Fla.Supp. 9 (Fla. 11th Cir.Ct.1964).
. See State v. McIntyre, 393 So. 2d 16 (Fla. 2d DCA 1980).
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State v. Boynton, 556 So. 2d 428 (Fla. 4th DCA 1989)…circumstantial evidence existed to show defendant had operated vehicle on public street where defendant was found intoxicated in driver’s seat of car sitting stationary in traffic lane with engine stopped and keys in ignition). In State v. Benyei, 508 So. 2d 1258 (Fla. 5th DCA 1987), the court held that although an automobile may have been inoperable at the time the officer arrived at the scene, the evidence was sufficient for the jury to find that the defendant was driving while intoxicated when her car wen…
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White v. DHSMV (9th Cir. Ct. App. Div. 2013)…he influence. Also, in Perry-Ellis, the Court held that even without Perry-Ellis’ admission, the reasonable inferences from the facts and circumstances of the case were sufficient to place her in apparent control of her vehicle. See State v. Benyei, 508 So. 2d 1258, 1259 (Fla. 5th DCA 1987) (holding that, although the vehicle may have been inoperable at the time the officer arrived at the scene, the circumstantial evidence was sufficient for the jury to find that the defendant was driving while intoxicated whe…
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Morefield v. DHSMV (9th Cir. Ct. App. Div. 2012)…g gate pole; 4) No other persons were present at the scene with actual or physical authority over the vehicle; and 5) The officer observed Perry-Ellis’ signs of impairment and her failure to perform the field sobriety exercises. See State v. Benyei, 508 So. 2d 1258, 1259 (Fla. 5th DCA 1987) (holding that, although the vehicle may have been inoperable at the time the officer arrived at the scene, the circumstantial evidence was sufficient for the jury to find that the defendant was driving while intoxicated whe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eurich Zwingli Griffin v. State, 457 So. 2d 1070 (Fla. 2d DCA 1984)
- Cnty. OF Dade v. Rondel Pedigo, 181 So. 2d 720 (Fla. 3d DCA 1966)
- Porterfield v. Porterfield, 188 So. 2d 817 (Fla. 1966)
- Shaver v. Oliver, 188 So. 2d 817 (Fla. 1966)
- State v. McINTYRE, 393 So. 2d 16 (Fla. 2d DCA 1980)
- State v. Goodwyn, 24 Fla. Supp. 9 (Dade Cty. Cir. Ct. 1964)
- Goldstein v. State, 223 So. 2d 354 (Fla. 3d DCA 1969)