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ROBERTS v. STATE

No. 47345.

329 So.2d 296 (1976)

John David ROBERTS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

March 17, 1976.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Dennis J. Plews, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Davis G. Anderson, Jr., Asst. Atty. Gen., for appellee.

BOYD, Justice.

This cause is before us on direct appeal from the County Court of Manatee County where Appellant was charged by complaint with having operated a motor vehicle while having an unlawful blood alcohol level in violation of Section 316.028(3), Florida Statutes Annotated. Appellant filed a Motion to Dismiss with the trial court attacking the constitutional validity of the statute. The trial court denied the Motion...

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