STATE OF FLORIDA, APPELLANT,
v.
ROCHELLE CESARETTI, APPELLEE
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The court held that the trial court erred in suppressing the results of a blood test because the officer had probable cause to believe the driver was under the influence and caused serious bodily injury.
An accident victim sustained serious injuries, and paramedics suspected internal injuries. The officer smelled alcohol on the driver's breath.…
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PER CURIAM.
This is an appeal from a final order granting a motion to suppress the results of a blood alcohol test. We reverse.
We agree with appellant that the trial court erred in suppressing the results of the blood test on Cesaretti. A law enforcement officer, having probable cause to believe that a driver is under the influence of alcohol and has caused “serious bodily injury”, may request a blood test. Section 316.1933(1), Florida Statutes. In Jackson v. State, 466 So. 2d 916, 918 (Fla. 1st DCA 1984), the court observed that probable cause exists “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 ... serious bodily injury of a human being.”
In the instant case, the accident victim was screaming, holding her side and had trouble breathing. Her automobile suffered extensive damage and she was removed from it by the “jaws of life”, placed on a back board with a neck brace, and taken from the scene in an ambulance. Paramedics told the officer that the victim had possible internal injuries. The officer and the paramedics smelled alcohol on Cesaretti’s breath. We hold that the circumstances present gave the officer ample reason to believe that Cesaretti was under the influence of alcohol and had caused serious bodily injury. See Carbone v. State, 564 So. 2d 1253 (Fla. 4th DCA 1990); Jackson.
REVERSED AND REMANDED.
DELL, C.J., and POLEN and STEVENSON, JJ., concur.
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State v. Kliphouse, 771 So. 2d 16 (Fla. 4th DCA 2000)…e an officer with probable cause to believe that the person has committed a DUI offense. In other words, drinking alcohol plus causing an accident equal probability of impairment. Citing Jackson, we reached a similar conclusion in State v. Cesaretti 632 So. 2d 1105 (Fla. 4th DCA 1994). In Cesaretti we reversed the suppression of blood alcohol test results upon determining that the .smell of alcohol on the driver’s breath, along with evidence that the driver had caused serious bodily injury, gave the officer su…1 / 2
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State v. Brown, 725 So. 2d 441 (Fla. 5th DCA 1999)…denied, 534 So. 2d 400 (Fla.1988); Jackson. Further, Florida courts require that the underlying facts, circumstances and information be sufficient to allow a person of reasonable caution to make the probable cause determination. State v. Cesaretti, 632 So. 2d 1105 (Fla. 4th DCA 1994); Dorman v. State, 492 So. 2d 1160 (Fla. 1st DCA 1986); Jackson. The undisputed facts, circumstances and information known to Trooper Campbell (his observations as well as those of three eyewitnesses he interviewed before orderin…
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State v. Catt, 839 So. 2d 757 (Fla. 2d DCA 2003)…od to be drawn pursuant to this statute, the officer must have probable cause to believe that the driver was under the influence of alcohol or drugs and that the driver had caused an accident resulting in “serious bodily injury.” State v. Cesaretti, 632 So. 2d 1105, 1106 (Fla. 4th DCA 1994). “Probable cause is a fluid concept that deals in probabilities, which include common sense conclusions by law enforcement officers.” Williams v. State, 731 So. 2d 48, 50 (Fla. 2d DCA 1999) (citing Illinois v. Gates, 462 U…
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- Carbone v. State, 564 So. 2d 1253 (Fla. 4th DCA 1990)