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DAVIS v. SMITH

No. 69-31.

227 So.2d 342 (1969)

Robert Ross DAVIS, Appellant, v. Charles E. SMITH, As Municipal Judge of the Municipal Court of the City of Vero Beach, Indian River County, Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

Certified October 16, 1969.

Attorney(s) appearing for the Case

L.B. Vocelle and C. Wendell Harris, Vero Beach, for appellant.

Gordon B. Johnston and James T. Vocelle of Vocelle & Gallagher, Vero Beach, for appellee.

Certified to Supreme Court October 16, 1969.

OWEN, Judge.

This case presents the question of whether F.S. 1967, Section 322.262(4), F.S.A.,1 applies to a municipal court so that any person charged therein with driving while under the influence of alcoholic beverages to the extent that his normal faculties were impaired (herein called DWI) is entitled to a jury trial upon demand for such...

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