E. WILSON PURDY, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT,

v.

JAMES EVANS, APPELLEE

Fla. | 1970-02-11

No. 38860

CARLTON, J., SPECTOR, District Court of Appeal Judge, and VANN, Circuit Judge, concur., ERVIN, C. J., dissents.

231 So. 2d 836 Florida Supreme Court (1970) Positive Treatment

Cited by 4 cases

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.

Synopsis

The Florida Supreme Court reversed a trial court's habeas corpus decision that invalidated Dade County's DUI ordinance for failing to provide jury trial rights. The court held that the ordinance must comply with state statutory provisions requiring jury trial opportunities in DUI cases.

Holding

The court reversed and remanded, holding that the Dade County ordinance provisions are not void and must be applied consistently with the principles established in the concurrently decided Smith v. Davis case concerning jury trial requirements in similar proceedings.

Headnotes

[1] A county ordinance is void if it fails to incorporate statutory provisions for a jury trial.

[2] A habeas corpus proceeding may be the proper venue to challenge the constitutionality of a county ordinance.

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Key Quotes

“The trial court, in a habeas corpus proceeding, held paragraphs 30.15(a) and 30.15(b), Code of Metropolitan Dade County, void because of its failure to incorporate the provisions for a jury trial contained in Section 322.262(4), Florida Statutes, F.S.A.”
Establishes the trial court's holding that the ordinance was constitutionally defective for lacking jury trial provisions

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Facts & Procedural History

James Evans was apparently charged with driving under the influence under Dade County Code sections 30.15(a) and (b). In a habeas corpus proceeding, t…

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Topics

Right To Jury Trial Habeas Corpus

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Opinion of the Court

DREW, Justice.

The trial court, in a habeas corpus proceeding, held paragraphs 30.15(a) and 30.15 (b),1 Code of Metropolitan Dade County, void because of its failure to incorporate the provisions for a jury trial contained in Section 322.262(4), Florida Statutes, F.S.A. The direct appeal here by the Sheriff of Dade County is accepted under authority of Boyd v. County of Dade, 123 So.2d 323 (Fla.1960).

This case is governed by the decision of this Court rendered this day in the case of Smith v. Davis, 231 So.2d 517 (Fla.)

We are not persuaded by the argument of appellee that because this case arose under the Code of Metropolitan Dade County it is governed by different principles from those involved in the Vero Beach case.

Reversed and remanded for further proceedings consistent herewith.

CARLTON, J., SPECTOR, District Court of Appeal Judge, and VANN, Circuit Judge, concur.

ERVIN, C. J., dissents.

. “Sec. 30-15. Driving while under the influence of intoxicating liquor; narcotics, barbiturates, or other stimulants; penalties.

“(a) It is unlawful and punishable as provided in subsection (b) for any person who is an habitual user of narcotic drugs or any person who is under the influence of alcoholic beverages, narcotic drugs, barbiturates or central nervous system stimulants as defined in Section 404.01, Florida Statutes [F.S.A.], when affected to the extent that his or her normal faculties are impaired, to drive or be in actual physical control of any vehicle within this county.

“(b) Every person who is convicted of a violation of subsection (a) shall for first conviction thereof be punished by imprisonment for not less than forty-eight (48) hours nor more than sixty (60) days or by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by both such fine and imprisonment; for a second conviction within a period of three years from the date of a prior conviction for violation of subsection (a), such person shall be punished by imprisonment for not less than ten (10) days nor more than sixty (60) days and, in the discretion of the court, a fine of not more than five hundred dollars ($500.00) or by both such fine and imprisonment; upon a third or subsequent conviction within a period of five years from the date of conviction of the first two (2) or more convictions for violations of subsection (a), such person shall be punished by imprisonment for not less than thirty (30) days nor more than one (1) year and, in the discretion of the court, a fine of not more than one thousand dollars ($1,-000.00).“

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

de Jong v. Pallotto, 239 So. 2d 252 (Fla. 1970)

…ipal Ordinance § 60.01, under which appellant stands charged, adopts Chapter 186, Florida Statutes, F.S.A., the Model Traffic Ordinance, and § 186.0177 of the Model Traffic Ordinance prohibits driving while under the influence of liquor or drugs. . 231 So. 2d 836 (Fla.1970). . 233 So. 2d 633 (Fla.1970). . 233 So. 2d 633 (Fla.1970). . 116 So. 2d 632 (Fla.1959). . Id. at 635.…
Judge Gerald J. Klein of the Metro. Court in & for Dade Cnty. v. Buckley, 232 So. 2d 194 (Fla. 3d DCA 1970)

…[*195] PER CURIAM. . , Reversed and remanded for further proceedings on authority of Purdy v. Evans,* Fla.1970, 231 So. 2d 836, and Smith v. Davis,** Fla.1970, 231 So. 2d 517. * Case No. 38,860, opinion filed February 11, 1970. ** Case No. 39,115, opinion filed February 4, 1970.…

Authorities Cited

Boyd v. Cnty. OF Dade, 123 So. 2d 323 (Fla. 1960)
Smith v. Davis, 231 So. 2d 517 (Fla. 1970)

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E. WILSON PURDY, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT, v. JAMES EVANS, APPELLEE

Cases With Similar Vibessemantic neighbors from the corpus

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Authorities Cited

E. WILSON PURDY, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT,

v.

JAMES EVANS, APPELLEE