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STATE v. SMITH

No. 70-112.

241 So.2d 728 (1970)

STATE of Florida, Appellant, v. Bobby Jean SMITH, Appellee.

District Court of Appeal of Florida, Second District.

December 4, 1970.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellant.

Harold S. Wilson, Clearwater, for appellee.

HOBSON, Chief Judge.

Appellee Smith was arrested and charged with driving while under the influence of alcoholic beverages, while affected to the extent that his normal faculties were impaired contrary to Section 317.201, Florida Statutes, F.S.A. While in custody appellee was asked to take a Breathalyzer test and was informed that his refusal to submit to the test could result in the revocation of his license. Smith refused...

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