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SMITH v. DAVIS

No. 39115.

231 So.2d 517 (1970)

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

Supreme Court of Florida.

Rehearing Denied March 4, 1970.

Attorney(s) appearing for the Case

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

L.B. Vocelle, Vero Beach, C. Wendell Harris, Merritt Island and C.E. Thompson, Cocoa Beach, for respondent.

Allison E. Folds, Gainesville, of Fagan, Crouch, Anderson & Folds, as amicus curiae.

DREW, Justice.

This case is here for review on a Petition for Certiorari accompanied by a certificate of the District Court that the decision1 is one which passes on a question of great public interest.2

The sole question argued here and the one certified here by the district court is:

"Is a person charged with driving a motor vehicle while under the influence of intoxicating liquor to the...

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