STATE v. FLOOD

No. 87-686.

523 So.2d 1180 (1988)

STATE of Florida, Appellant, v. Charles FLOOD, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 26, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellant.

Flem K. Whited, III, Daytona Beach, for appellee Charles Flood, Miched Rizzo and Sheryl Trottier.

Michael Lambert, Daytona Beach, for appellees Palmer Panton and Charles Pelcher.

Horace Smith, Jr., P.A., and Dwight Chamberlin of Dunn, Smith & Withers, Daytona Beach, for appellee Thomas G. Hall.

Enoch J. Whitney, General Counsel, and R.W. Evans, Asst. General Counsel, Tallahassee, for amicus curiae Dept. of Highway Safety and Motor Vehicles.


COBB, Judge.

The issue in this case is whether the county court erred in determining that the results of a chemical breath test administered to several defendants were inadmissible.

After the eight consolidated defendants in this appeal were arrested, they submitted to a breath test conducted by the Volusia County Sheriff's Department, using an Intoximeter 3000 (I-3000) Breathalyzer machine. The defendants filed motions to suppress the results of the test...

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