STATE v. HOWARD

No. 86-2686.

510 So.2d 612 (1987)

The STATE of Florida, Appellant, v. Ronald HOWARD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 19, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Terry L. Redford and Nancy Wear, Asst. Attys. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellee.

Before BARKDULL, NESBITT, and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

Howard was charged with driving while under the influence, pursuant to section 316.193, Florida Statutes (1985), for riding a bicycle while he was allegedly intoxicated. He moved to dismiss the charge, contending that section 316.193 does not apply to bicycle riders. The county court, in and for Monroe County, granted Howard's motion to dismiss and certified the following question to us as one of great public importance:

DOES FLORIDA'S DRIVING...

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