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STATE v. SCHREIBER

No. 4D01-2892.

835 So.2d 344 (2003)

STATE of Florida, Appellant, v. Jennifer SCHREIBER, Appellee.

District Court of Appeal of Florida, Fourth District.

January 22, 2003.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellant.

Lawrence C. Roberts, Fort Lauderdale, for appellee.

ON MOTION FOR REHEARING

POLEN, C.J.

We withdraw our previously filed opinion dated November 20, 2002 and replace it with the following.

The county court has certified the following question of great public importance to this court pursuant to Florida Rule of Appellate Procedure 9.160(b):

DOES THE STANDARD DUI JURY INSTRUCTION, WHICH INCLUDES BOTH THE IMPAIRMENT THEORY AND THE UNLAWFUL BLOOD ALCOHOL THEORY, HAVE THE EFFECT OF GIVING AN INSTRUCTION...

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