STATE v. McGARRY

No. 85-1547.

477 So.2d 1030 (1985)

STATE of Florida, Petitioner, v. Brian Goodman McGarry, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 28, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Robert G. Landry, Asst. Atty. Gen., Tampa, James T. Russell, State Atty., and C. Marie King, Asst. State Atty., Clearwater, for petitioner.

Allen P. Allweiss, St. Petersburg, for respondent.


LEHAN, Judge.

The state has filed a petition for a writ of certiorari from the order of the circuit court which reversed a county court order denying a motion to suppress a blood alcohol test.

Defendant was charged by traffic citation with driving with an unlawful blood alcohol level contrary to section 316.193, Florida Statutes (1983). A police officer had found defendant standing next to his wrecked car. The car was resting upside down against a power pole...

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