State of Florida v. Ariel Paul

Summary

The Third District Court of Appeal of Florida affirmed an order granting Ariel Paul’s motions to suppress in a DUI prosecution. The court held that the trial court did not abuse its discretion by denying the State’s request for a continuance after three subpoenaed officers failed to appear, because the State had not contacted the officers, confirmed their attendance, or explained their absence.

Holdings

1. The trial court did not abuse its discretion in denying the State's request for a continuance because the State failed to demonstrate due diligence in securing the remaining officers' appearance.

Questions Presented

1. Whether the trial court abused its discretion by denying the State's request for a continuance to secure the testimony of subpoenaed officers who failed to appear at a rescheduled suppression hearing.

Disposition

affirmed