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Fourth District Court Requires Trial Court to Review Costs Taxed to Defendant in DUI Matter  Uploading ....in Leyritz v.. State of Florida, The Fourth District Court of Appeal reversed the trial court's order granting costs of prosecution, because the circuit court did not allocate specifically the costs of prosecution, & remanded for a ruling consistent with its opinion.
The defendant was accused of manslaughter by impairment and manslaughter based on illegal blood alcohol content but was convicted only of the lesser included offense of DUI. The state moved to tax the sum of $16,497 as expenses for expert witness costs, transcripts, exhibits, and other costs for trial preparation, along with $12,360 for testimony of toxicology experts. Defendant alleged there should be an allocation of expenses, since the defendant was convicted of the lesser-included misdemeanor. The trial court determined defendant was responsible for paying the $12,360 for toxicology experts as well as a flat $15,000 for the other costs of prosecution. The district court held the trial court must determine that the expenses sought by the state were reasonably & necessarily associated with the prosecution of the crime for which defendant was ultimately convicted and may not be vague as to whether the costs requested were reasonably and necessarily associated with the prosecution of the crime of driving under the influence.
Michael Dye & Daniel Rosenberg are Criminal Attorneys who represent individuals accused of DUI as well as serious offenses in Miami-Dade County & throughout the State of Florida. For more information, please call (305)429-3285 or visit our website by clicking here: Firm Website.
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