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STATE v. LEE

No. 81-754.

422 So.2d 76 (1982)

STATE of Florida, Appellant, v. John Wayne LEE, Appellee.

District Court of Appeal of Florida, Second District.

November 19, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Andrew Shaw of Fergeson, Skipper, Shaw & Kusic, and Jordan Wallach of Sherr & Wallach, Sarasota, for appellee.

DANAHY, Judge.

The appellant, John Wayne Lee, was charged in circuit court with two offenses, including a charge of driving while under the influence of alcohol. At the time of his arrest, a breathalyzer test was administered pursuant to the statutory procedure contained in Chapter 322, Florida Statutes (1979), which authorizes the test on an arrested person.1 Sixty days after the breathalyzer test, Lee first requested a sample of his...

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