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STATE v. CUBIC

No. 4D05-3553.

946 So.2d 606 (2007)

STATE of Florida, Appellant, v. John CUBIC, Appellee.

District Court of Appeal of Florida, Fourth District.

January 3, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellant.

Donna P. Levine of Law Office of Donna P. Levine, West Palm Beach, for appellee.

HAZOURI, J.

The State appeals the trial court's suppression of John Cubic's breath test results in a prosecution for driving under the influence. We affirm.

Cubic was charged with one count of felony driving under the influence and one count of felony driving while license permanently revoked, arising out of a traffic stop by Broward Sheriff's Office (BSO) in Pompano Beach on July 28, 2004. Cubic submitted to a breath-alcohol test. His breath-alcohol level...

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