STATE
v.
CALLAHAN
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State v. Callahan addresses constitutional violations in a drunk driving case where the trial court admitted evidence obtained without proper Miranda warnings, admitted results from a destroyed chemical test sample, and refused to separate witnesses. The appellate court reversed the DUI conviction and modified the careless driving conviction based on substantial trial court errors.
The trial court committed substantial error by admitting statements and performance test results obtained without proper Miranda warnings, by admitting chemical test testimony when the sample was destroyed and discovery rights were frustrated, by overruling objections to certain officer testimony, and by arbitrarily refusing to separate witnesses. The DUI conviction is reversed and the defendant is acquitted; the careless driving conviction is modified to a $200 fine only.
[1] A defendant's statements and the results of performance tests are objectionable and should be suppressed or stricken when the arresting officer fails to give required con…
[2] The destruction or discarding of a test sample frustrates a defendant's defense, prejudicially infringes the right to discovery, and denies constitutional rights when it…
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Join FLexlaw to unlock all legal intelligence“The record shows that the arresting officer did not give the required constitutional warnings, and that no warning was given by the D. O. operator until substantially all of his tests and interrogation were completed”
Establishes the foundational Miranda violation that rendered statements and test results inadmissible
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEleanor Callahan was arrested for driving under the influence of an intoxicating beverage and careless driving. The arresting officer failed to provid…
The full statement of facts, procedural history, and disposition for this case are member content.
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This cause coming on to be heard upon the defendant’s appeal from a conviction for driving while under the influence of an intoxicating beverage in violation of §30-15 (a) of the Metropolitan Code of Dade County and upon a conviction for careless driving in violation of §30-17(a) of the code, and upon the assignments of error, briefs of the parties in the record and oral argument, the court finds and holds that there was substantial error by the trial court in the admissions of evidence and rulings on motions as follows —
The record shows that the arresting officer did not give the required constitutional warnings, and that no warning was given by the D. O. operator until substantially all of his tests and interrogation were completed, that after 25-30 minutes the defendant was told only “that anything she said or did in my presence could and would be used as evidence in court”. Their testimony as to the defendant’s statements, and the results of the performance tests given her, was objectionable and should have been suppressed or stricken.
It further appears that certain tangible evidence, namely, the test sample taken by the D. O. operator was destroyed or discarded and that this action frustrated the defendant in her defense, and prejudicially infringed her right to discovery, and insofar as it was the destruction of material evidence denied defendant her constitutional rights. Barton v. State (1966), Fla. App. 2, 193 So.2d 618, 625, cert. den. 201 So.2d 459.
It further appears that the refusal to order separation of witnesses upon the defendant’s request was not based upon any fact or law and was therefore arbitrary.
The court holds that the court below erred — (1) In denying defendant’s second motion to produce the machine and capsule or solution therein requested. (2) In overruling defendant’s objections to certain of the testimony of Officer William Maltz (arresting officer), and the witness, John Duffy. (3) In the admission of testimony of the D. O. technician as to the chemical test results. (4) In failing to invoke the rule as to separation of the witnesses pursuant to request of defendant’s counsel.
The foregoing premises considered, it is ordered and adjudged that —
The judgment of guilty, sentence and revocation of driver’s license for one year, Code §30-15 (a), is reversed and the defendant-appellant Eleanor A. G. Callahan is ordered acquitted of said charge.
*161The judgment of guilty and sentence for alleged violation of Code 30-17 (a) is modified and the Dade County Metropolitan Court directed to correct the sentence therefor to a fine of $200 only.
The supersedeas bond and any appearance bond posted in the court below, not heretofore remitted or discharged, are ordered to be forthwith remitted or discharged, and the $1,000 cash supersedeas bond shall be forthwith remitted, less the aforesaid fine of $200.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Barton v. State, 193 So. 2d 618 (Fla. 2d DCA 1966)
- State ex rel. Johnston v. McCORD, 201 So. 2d 459 (Fla. 1967)
- Cooper v. State, 201 So. 2d 459 (Fla. 1967)