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LANGELIER v. COLEMAN

No. 88-3124.

861 F.2d 1508 (1988)

Philippe Serge LANGELIER, Petitioner-Appellant, v. Gerry COLEMAN, Sheriff of Pinellas County, Robert A. Butterworth, Attorney General, State of Florida, and Richard L. Dugger, Sec., Dept. of Corrections, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 20, 1988.

Attorney(s) appearing for the Case

Ronnie G. Crider, Alan K. Smith, Clearwater, Fla., for petitioner-appellant.

Gary O. Welch, Davis G. Anderson, Jr., Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Before VANCE and KRAVITCH, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

The issue in this case is whether an application of Florida's implied consent law, § 316.1932, Fla.Stat. (1987), violated a driver's constitutional rights, where the police assumed that the driver's unwillingness to undergo a blood alcohol test before speaking with an attorney was a refusal to submit to such test. Because we do not recognize the constitutional rights asserted by the driver, we affirm the district court's order denying habeas corpus...

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