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STATE v. HAMZA

No. 48777.

342 So.2d 80 (1977)

STATE of Florida, Appellant, v. Robert A. HAMZA, Appellee.

Supreme Court of Florida.

January 20, 1977.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Harry M. Hipler, Asst. Atty. Gen., for appellant.

PER CURIAM.

This is a direct appeal from an order entered in the County Court of Broward County, Florida, declaring Section 316.028(3), Florida Statutes, unconstitutional. We have jurisdiction. Article V, Section 3(b)(1), Florida Constitution.

Robert Hamza was charged by a traffic citation with driving while under the influence of alcoholic beverages and unlawful blood alcohol level contrary to the abovecited statute. The trial judge, on his own motion, dismissed...

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