Faustin v. State
The Fourth DCA reversed vehicular homicide convictions because the trial court allowed a police detective to testify to vehicle speeds using a 'momentum formula' as lay investigative testimony, without the Daubert-based expert analysis required by section 90.702. The court held the error was not harmless under DiGuilio because the detective's speed calculations purported to corroborate critical evidence of recklessness and were not merely cumulative to event data recorder evidence. The court also vacated the related VOP sentence for resentencing with a corrected scoresheet, though it affirmed the probation revocation itself and the use of a six-person jury.
Key facts
- Faustin was convicted of vehicular homicide; the trial court allowed a police detective to testify regarding vehicle speed calculations using a 'momentum formula' as lay investigative testimony without expert qualification under section 90.702.
- The Fourth DCA reversed the vehicular homicide convictions, holding that the detective's speed testimony constituted expert opinion testimony requiring Daubert-based analysis, not permissible lay opinion under section 90.701.
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Why it matters
This opinion gives defense counsel a useful tool to challenge law enforcement 'investigative' testimony that in substance applies specialized formulas or methodologies (e.g., accident reconstruction, speed calculations)… — full analysis with a trial
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