PERRYMAN v. STATE

No. O-63.

242 So.2d 762 (1971)

Sylvester PERRYMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 7, 1971.


Attorney(s) appearing for the Case

H. Clay Mitchell, Jr., Pensacola, for appellant.

Earl Faircloth, Atty. Gen., and Nelson E. Bailey, Ass't. Atty. Gen., for appellee.


SPECTOR, Judge.

Appellant seeks reversal of the trial court's denial of relief under Section 322.261(1) (d), Florida Statutes, F.S.A., upon ruling that he had refused to take a chemical test of his breath to determine the alcoholic content of his blood.

Appellant was arrested after being observed driving off the paved street as if his ability to control the car were impaired. When the arresting officer stopped appellant, the latter placed his car in reverse...

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