STATE v. RAFFERTY

No. 80-1369.

405 So.2d 1004 (1981)

STATE of Florida, Appellant, v. Daniel Patrick RAFFERTY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 18, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellant.

Howard M. Zeidwig, Fort Lauderdale, for appellee.


HURLEY, Judge.

The state appeals from an order suppressing the results of blood and urine tests taken at the time of defendant's arrest. We reverse.

Daniel Patrick Rafferty was charged with two counts of manslaughter — DWI, contrary to Section 860.01(2), Florida Statutes (1979). At the time of his arrest, Rafferty consented to taking two breathalyzer tests which resulted in zero readings. He then agreed to submit to blood and urine tests which indicated...

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