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DAVIDSON v. MacKINNON

No. 95-1009.

656 So.2d 223 (1995)

Keith DAVIDSON, Petitioner, v. Cynthia Z. MacKINNON, Circuit Court Judge, etc., Respondent.

District Court of Appeal of Florida, Fifth District.

June 2, 1995.

Attorney(s) appearing for the Case

William J. Sheaffer, Orlando, for petitioner.

No appearance for respondent.

W. SHARP, Judge.

After Davidson refused to submit to a breathalyzer test, an administrative proceeding was conducted pursuant to section 322.2615, Florida Statutes (1995), and his driver's license was suspended. He asks this court to prohibit his subsequent criminal prosecution for driving under the influence of alcohol, which arises out of the same conduct, on the ground that his constitutional double jeopardy rights1 not to be...

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