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SMITH v. RUSSELL

No. 64086.

456 So.2d 462 (1984)

Jeffrey K. SMITH, Petitioner, v. George P. RUSSELL, Respondent.

Supreme Court of Florida.

September 13, 1984.

Attorney(s) appearing for the Case

Joseph M. Ciarciaglino, Jr. and Robert L. Paver of Osborne & Ciarciaglino, St. Petersburg, for petitioner

Elihu H. Berman of Krug, Berman & Silverman, Clearwater, for respondent

Parker D. Thomson, Sanford L. Bohrer and Gary B. Pruitt of Thomson, Zeder, Bohrer, Werth, Adorno & Razook, and Richard J. Ovelmen, General Counsel, Miami, amicus curiae for The Miami Herald Publishing Company.

SHAW, Justice.

This cause, Russell v. Smith, 434 So.2d 342 (Fla. 2d DCA 1983), is before us as conflicting with other decisions of the district courts of appeal. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

Respondent Russell, the defendant, was arrested for driving while intoxicated (DWI) by petitioner/plaintiff Smith, a City of St. Petersburg police officer. At the time of his...

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