Two probation officers knocked at a Sarasota rooming house. Nobody answered, and a man received forty-five months in prison. Smith leads this week’s Florida caselaw episode, including Chief Judge Lucas’s dissent and the dispute over what the testimony actually established. Then Kafus addresses willfulness separately, Miller examines a Manatee bond hearing, and Gil Pino provides the contrast: specific observations supporting a DUI stop.

PRACTICE AREAS THIS WEEK: criminal law, DUI, probation, postconviction relief, stalking injunctions, personal injury, and public-sector employment. Local decisions include Sarasota, Manatee, Hillsborough, Pasco, and Polk Counties.

Also covered: an old misdemeanor capias, a DUI manslaughter plea claim, jail credit, a sentencing correction, future medical expenses, and noneconomic damages under the Public Whistleblower Act. The closing segment turns the curfew opinions into hearing preparation, including the questions to ask and the limits of what photographs and later visits can establish.

CHAPTERS
0:00 Show your work
1:27 Smith: the Sarasota curfew check
4:28 Lucas’s dissent: loud enough, long enough
5:57 Kafus: willfulness is a separate question
7:11 Cantrell: the misdemeanor capias and the missing search evidence
9:23 Miller: the Manatee bond hearing
10:53 Gil Pino: the testimony supporting the DUI stop
12:55 Hernandez: the plea claim and the prejudice analysis
14:04 Misner and Arreguin: jail credit and sentencing
14:55 The Lee County stalking injunction
15:45 Crews and Smiley
16:10 Reinberger: future medical expenses and pain and suffering
19:22 Pierre: public-sector whistleblower damages
19:51 Curfew hearing preparation
23:16 The week in one question

Cases covered:
Smith v. State, No. 2D2025-1715 (Fla. 2d DCA Sept. 18, 2026)
Kafus v. State, No. 6D2025-1445 (Fla. 6th DCA Sept. 18, 2026)
Cantrell v. State, No. 6D2026-0749 (Fla. 6th DCA Sept. 18, 2026)
Miller v. State, No. 2D2026-1679 (Fla. 2d DCA Sept. 18, 2026)
Gil Pino v. State, No. 3D25-1127 (Fla. 3d DCA Sept. 16, 2026)
Hernandez v. State, No. 2D2026-1292 (Fla. 2d DCA Sept. 18, 2026)
Misner v. State, No. 5D2026-0697 (Fla. 5th DCA Sept. 18, 2026)
Arreguin v. State, No. 4D2026-1087 (Fla. 4th DCA Sept. 16, 2026)
Lee County stalking injunction, No. 6D2024-0447 (Fla. 6th DCA Sept. 18, 2026)
Crews v. State, No. 6D2025-1085 (Fla. 6th DCA Sept. 18, 2026)
Smiley v. State, Nos. SC2024-1361 and SC2025-0250 (Fla. Sept. 17, 2026)
Progressive Select Insurance Co. v. Reinberger, No. 2D2024-2657 (Fla. 2d DCA Sept. 18, 2026)
City of Boynton Beach v. Pierre, No. 4D2026-0133 (Fla. 4th DCA Sept. 16, 2026)

Most of these decisions are not final until the time for rehearing expires. Want the opinions or the curfew hearing cross-examination checklist? Email rory@thesafirlawyer.com and I’ll send them over, no charge.

Safir Injury and Criminal Defense Law handles criminal, DUI, and personal injury matters across Florida, and we gladly accept referrals from fellow attorneys. Call or text 727-472-8096, or find us at thesafirlawyer.com.

This podcast is for informational purposes only and is not legal advice. Always read the full opinion before relying on anything discussed here. Attorney Rory Safir is responsible for the content of this advertisement.

Past results do not guarantee a similar outcome in any other case.