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STATE v. ADAMSON

No. 82-1652.

444 So.2d 579 (1984)

STATE of Florida, Appellant, v. Brian L. ADAMSON, Appellee.

District Court of Appeal of Florida, Fifth District.

February 2, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellant.

James C. Weart, P.A., Sanford, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

The state appeals from an order ruling that section 316.1932(1)(a), Florida Statutes (1982) is unconstitutional. This section provides that "[t]he refusal to submit to a chemical breath ... test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding."

Appellee Adamson was arrested in August, 1982, and charged with driving under the influence of alcoholic...

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