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STATE v. ATKINSON

Nos. 5D99-2618, 5D99-3396.

755 So.2d 842 (2000)

STATE of Florida, Appellant, v. Mark ATKINSON, Gary Bernau, Ray Allen Tanguay, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

May 5, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellant.

William F. Hathaway, New Smyrna Beach, for Appellees.

COBB, J.

The Volusia County court dismissed pending DUI cases against multiple defendants on the ground of double jeopardy. In each of the cases the defendants, the appellees here, had been arrested for violation of section 316.193, Florida Statutes (1997). The defendants either refused a breath test or were measured as having an unlawful alcohol level. After arrest each defendant was detained in jail for eight hours or more. The driver licenses of the defendants...

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