BENNETT v. STATE

No. 94-1306.

641 So.2d 938 (1994)

Stacey BENNETT, et al., Petitioners, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

September 2, 1994.


Attorney(s) appearing for the Case

Stuart I. Hyman of NeJame & Hyman, P.A., Orlando, for petitioners.

Robert A. Butterworth, Atty. Gen., and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for respondent.


DAUKSCH, Judge.

The petitioners, sixteen defendants in DUI prosecutions, seek certiorari review of an order of the circuit court, sitting in its appellate capacity, which upheld an en banc county court order finding that a modified breath testing device did not meet H.R.S. testing procedures and suppressing the test results. The circuit court went further and sua sponte held that the state could introduce evidence of the test results by establishing...

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