Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Auger v. State
Citations: 725 So. 2d 1178; 1998 Fla. App. LEXIS 15898; 1998 WL 879103Docket: No. 97-00815
Court: District Court of Appeal of Florida; December 17, 1998; Florida; State Appellate Court
John P. Auger appeals his convictions for two counts of DUI manslaughter, raising four issues. The court affirms the convictions. 1. Auger contends the standard jury instruction on causation was fundamentally defective and misleading. However, his failure to object to the instructions at trial means this argument is not preserved, and the court does not find the use of the standard instruction to be a fundamental error. 2. The court finds no merit in Auger’s challenge to the scientific reliability of the retrograde extrapolation testimony. 3. Auger argues the trial court improperly allowed cross-examination about his drinking habits and marital issues. While the court agrees there was an error in permitting such questioning, it concludes the error was harmless based on established legal standards. 4. Lastly, Auger contests the permanent revocation of his driver’s license as a special condition of probation, asserting it was not raised in the trial court. The court finds this issue unnecessary to analyze for fundamental error, as the lifetime revocation is not considered an illegal sentence. Although Florida Statutes allow for a three-year revocation for DUI manslaughter, the revocation imposed is administrative and not part of the sentencing. The ruling is affirmed, with judges Campbell and Blue concurring.