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STATE v. LANGSFORD

No. 4D01-3062.

816 So.2d 136 (2002)

STATE of Florida, Appellant, v. Kay Ellen LANGSFORD, Appellee.

District Court of Appeal of Florida, Fourth District.

March 27, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, Michael J. Neimand, Fort Lauderdale, and Ira D. Karmelin, West Palm Beach, Assistant Attorneys General, for appellant.

Jason E. Weiss of Atterbury, Goldberger and Richardson, P.A., West Palm Beach, for appellee.

WARNER, J.

In a prosecution for driving under the influence, the county court suppressed the results of a blood test conducted upon appellee without her consent on the ground it violated section 316.1933, Florida Statutes (2000). The court certified the following question at the request of the state:

In light of Bernie v. State, 524 So.2d 988 (Fla.1988), which holds that Florida is prohibited from giving greater...

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