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STATE v. MAHOY

No. 90-1339.

575 So.2d 779 (1991)

STATE of Florida, Appellant, v. Michael Edwin MAHOY, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellant.

Gregory M. Wilson, Orlando, for appellee.

W. SHARP, Judge.

Pursuant to Florida Rule of Appellate Procedure 9.160, the county court certified the following question as one of great public importance:

PRIOR TO BEING ARRESTED IS THE DEFENDANT, STOPPED ON SUSPICION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, REQUIRED TO EXIT HIS VEHICLE IF SO ORDERED BY A LAW ENFORCEMENT OFFICER?

The county court ruled "no" on this issue, and suppressed evidence of a D.U.I. charge for which Mahoy (the defendant...

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