District Court of Appeal of Florida

Conviction for operating an aircraft while intoxicated or in a careless or reckless manner is affirmed where: 1) state prosecution was not preempted by federal regulations; 2) the statute was not unconstitutionally vague as applied to the defendant; 3) the statute did not unconstitutionally incorporate regulations not in existence at the time of enactment; and 4) any error in presentation of the evidence, jury instructions or form of the verdict was harmless.

Appellate Information

• Decided 07/12/2006
• Published 07/12/2006

Judges

• ROTHENBERG, Judge., Before SUAREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Jeffrey L. Freeman, Miami Beach, and James K. Rubin, North Miami Beach, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellees.