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RICE v. STATE

No. 88-0120.

525 So.2d 509 (1988)

Gary RICE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 1, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

David H. Bludworth, State Atty., and Ellen D. Roberts, Asst. State Atty., West Palm Beach, for appellee.

STONE, Judge.

This is an appeal from a misdemeanor judgment and sentence. The county court has certified the following issue as one of great public importance:

WHETHER REFUSAL ON THE PART OF A LAW ENFORCEMENT AGENCY TO GIVE A PRE-ARREST BREATH TEST PURSUANT TO FLORIDA STATUTE 316.1932(1)(b)1 (1985) SHOULD BE CAUSE FOR DISMISSAL OF DRIVING WHILE IMPAIRED CHARGES OR SUPPRESSION OF EVIDENCE FOLLOWING THE LAW ENFORCEMENT...

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