GRZELKA v. STATE

No. 5D03-2041.

881 So.2d 633 (2004)

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

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 17, 2004.


Attorney(s) appearing for the Case

Mitchell B. Krause, Longwood, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

In this DUI case, the question presented is whether the trial court abused its discretion in admitting evidence that Appellant refused to submit to a breath test. Finding that the lower court did not abuse its discretion, we affirm.

When asked to submit to a breath test, Appellant was warned that her refusal would result in the suspension of her driver's license, but she was not informed that, if her license previously had been suspended for a prior...

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