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EDWARDS v. STATE

No. 91-1906.

603 So.2d 89 (1992)

Gregory Karl EDWARDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 31, 1992.

Attorney(s) appearing for the Case

Flem K. Whited, III, of Lambert & Whited, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Deputy Englefelt of the Marion County Sheriff's Office observed Gregory Karl Edwards driving erratically. When Edwards was stopped, a beer bottle fell to the ground. Deputy Englefelt smelled alcohol. Deputy Englefelt administered the roadside sobriety tests which, according to the deputy, Edwards failed. Edwards was arrested. On the advice of counsel, he refused to take a breath test. Evidence of appellant's refusal to submit to the breath test was...

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