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STATE v. TALTY

No. 96-1221.

692 So.2d 936 (1997)

STATE of Florida, Petitioner, v. Kevin TALTY and Gino Rubio, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied May 15, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Oroso, Assistant Attorney General, Barry E. Krischer, State Attorney, and Ira D. Karmelin, Assistant State Attorney, West Palm Beach, for Petitioner.

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for Respondent Kevin Talty.

James K. Green of James K. Green, P.A., West Palm Beach, for Respondent Gino Rubio.

WARNER, Judge.

The state petitions for certiorari from two decisions of the circuit court sitting in its appellate capacity holding that respondents' motions to suppress the results of their pre-release breath alcohol tests administered in accordance with section 316.193(9), Florida Statutes (1993), should have been granted by the county court. The circuit court held that the admission of such evidence was fundamentally unfair to the respondents where the respondents...

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