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STATE v. DEMARZO

No. 83-842.

453 So.2d 850 (1984)

STATE of Florida, Appellant, v. Adelheid DEMARZO, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 23, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Lydia M. Valenti, Asst. Atty. Gen., West Palm Beach, for appellant.

Sheldon M. Schapiro of Law Offices of Sheldon M. Schapiro, Fort Lauderdale, for appellee.

ANSTEAD, Chief Judge.

This is an appeal from an order dismissing driver's license suspension proceedings against the appellee, Adelheid Demarzo, after she was charged with driving under the influence of alcohol and refused to take a breathalyzer test. In its order of April 11, 1983, the county court found that Sections 316.1932(1)(e) & (f), Florida Statutes (1981), violated provisions of the Florida Constitution which provide that only the Florida Supreme Court...

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