In the matter of Leyritz v.. State of Florida, The 4th District Court of Appeal reversed the court's order allowing costs of prosecution, because the trial court did not allocate specifically the costs of prosecution, & remanded for a ruling consistent with its opinion.

The defendant was on trial for manslaughter by impairment and manslaughter based on illegal blood alcohol content but was convicted only of the lesser included offense of DUI. The State of Florida moved to tax the amount of $16,497 as costs for expert witness fees, transcripts, exhibits, and other costs for trial preparation, in addition to $12,360 for testimony of toxicology experts. Defendant alleged there should be an allocation of costs, since the defendant was convicted of a lesser-included crime. The circuit court ruled defendant was responsible for paying the $12,360 for toxicology experts plus a flat $15,000 for the other costs of prosecution. The district court ruled the circuit court is required to determine that the expenses sought by the state were reasonably & necessarily related to the prosecution of the crime that defendant was convicted & may not be vague as to whether the expenses requested were reasonably and necessarily associated with the prosecution of the criminal offense of driving under the influence.

Michael Dye and Daniel Rosenberg are Miami Criminal Attorneys who represent individuals accused of DUI and serious offenses in Miami-Dade County & throughout Florida. For additional information, please call (305)429-3285 or visit our website by clicking here: Firm Website.