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STATE v. WHELAN

No. 97-3353.

728 So.2d 807 (1999)

The STATE of Florida, Appellant, v. Brian WHELAN, Appellee.

District Court of Appeal of Florida, Third District.

March 10, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Julie M. Levitt and Robert Godfrey, Assistant Public Defenders, for appellee.

Before COPE, GREEN, and SHEVIN, JJ.

COPE, J.

The State appeals an order suppressing the results of roadside sobriety exercises performed by defendant-appellee Brian Whelan. We reverse.

I.

After an automobile accident in the Florida Keys, defendant was detained at the accident scene. He was initially handcuffed, then released. He was asked to perform roadside sobriety tests, which he failed. He was charged with felony driving under the influence...

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