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FIESELMAN v. STATE

No. 87-2155.

537 So.2d 603 (1988)

Daniel FIESELMAN, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 28, 1988.

Attorney(s) appearing for the Case

Hall and Hedrick and M. Lewis Hall, III, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Richard L. Kaplan, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

Daniel Fieselman was charged in the county court with being in actual physical control of a vehicle while under the influence of alcoholic beverages, in violation of Section 316.193(1)(a), Florida Statutes (1985). Fieselman moved to dismiss the charge on the ground that the undisputed facts established that, although he was indisputably under the influence, he was not in actual physical control...

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