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STATE v. BETTS

No. 93-2936.

659 So.2d 1137 (1995)

STATE of Florida, Appellant, v. James Robert BETTS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 8, 1995.

Attorney(s) appearing for the Case

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

Hala A. Sandridge of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellee.

HARRIS, Judge.

We accepted jurisdiction of this cause in order to answer a certified question. Having more fully reviewed the record, however, we find the question certified was based on an invalid premise. We therefore modify the question to read as follows.

IF THERE IS AN ESTABLISHED POLICE POLICY OF VIDEOTAPING FIELD SOBRIETY TESTS, IS IT A VIOLATION OF DEFENDANT'S RIGHTS IF NO TAPE IS PRODUCED BECAUSE OF THE MECHANICAL FAILURE OF THE VIDEO CAMERA?

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