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STATE v. BENDER

Nos. 57069, 57071, 57072 and 57073.

382 So.2d 697 (1980)

STATE of Florida, Petitioner, v. Robert Alan BENDER, Respondent. STATE of Florida, Petitioner, v. Leonard G. FERRO, Respondent. STATE of Florida, Petitioner, v. Pete M. JAMES, Respondent. STATE of Florida, Petitioner, v. Michael R. POTTS, Respondent.

Supreme Court of Florida.

April 3, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for petitioner.

Joel P. Yanchuck, of Yanchuck & Thompson, St. Petersburg, for Robert Alan Bender and Michael R. Potts.

Paul Castagliola, St. Petersburg, for Leonard G. Ferro.

Robert E. Jagger, Public Defender and Stephanie L. Willis, Asst. Public Defender, St. Petersburg, for Pete M. James.

OVERTON, Justice.

These consolidated cases are before the Court upon petitions for writs of certiorari to review pretrial orders declaring unconstitutional sections 322.261 and 322.262, Florida Statutes (1977).

The contested statutory provisions direct the Department of Highway Safety and Motor Vehicles and the Department of Health and Rehabilitative Services to establish and approve appropriate testing methods for determining alcoholic content in the blood...

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