STATE v. HOLLAND

No. 83-667.

459 So.2d 1062 (1984)

STATE of Florida, Appellant, v. Lavon W. HOLLAND, James Edward Donlon, Jr., Jacqueline Regan Kiernan, Tommy Charles Ross, Randy Riverburg, Mark Zumberg, and John Henry Walsingham, Appellees.

District Court of Appeal of Florida, Second District.

June 13, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellees.


GRIMES, Judge.

The state appeals from a county court order granting appellees' motion to suppress evidence of their refusal to submit to a chemical breath test and declaring unconstitutional a portion of section 316.1932(1)(a), Florida Statutes (1982 Supp.), the "implied consent law." The lower court held that the statutory provision was violative of federal and state due process as well as appellees' privilege against self-incrimination. The court struck the last...

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