STATE v. DUKE

No. 79-1390.

378 So.2d 96 (1979)

STATE of Florida, Petitioner, v. Thomas Joseph DUKE, Respondent.

District Court of Appeal of Florida, Second District.

December 28, 1979.


Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State's Atty., and Richard M. Fuller, Asst. State's Atty., Fort Myers, for petitioner.


STRICKLAND, J. TIM, Associate Judge.

The state petitions for writ of common law certiorari to quash the circuit court's appellate reversal of the county court's conviction of Thomas Joseph Duke. We agree with the state's interpretation of Florida's implied consent law, Section 322.261(1)(a), Florida Statutes (1977), but deny the petition upon the case facts.

Duke was arrested for "driving while under the influence" on November 10, 1978. He refused the breathalyzer...

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