Cinthia Vargas v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed Cinthia Vargas’s DUI judgment and sentence. The court held that testimony concerning an officer’s general DUI arrest practices did not improperly bolster the State’s case and that the State’s use of Vargas’s refusal to submit to a breath test did not constitute fundamental error.

Holdings

1. The officer's general testimony that some people stopped for DUI are not arrested did not constitute improper bolstering, and the trial court did not commit reversible error by overruling Vargas's objections.
2. The investigating officer was permitted to testify that Vargas appeared impaired, and eliciting that testimony was not improper.
3. No fundamental error occurred because the State used Vargas's refusal to establish consciousness of guilt rather than to shift the burden of proof, and the refusal was admissible evidence.

Questions Presented

1. Whether the trial court reversibly erred by allowing an officer to testify that not every person stopped for DUI is arrested, allegedly bolstering the State's case.
2. Whether the trial court reversibly erred by allowing an investigating officer to testify that Vargas appeared impaired.
3. Whether the State's argument and examination concerning Vargas's refusal to take a breathalyzer test constituted fundamental error by improperly suggesting that she sought to hide evidence of guilt or shifting the burden of proof.

Disposition

affirmed