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STATE v. BASTOS

No. 3D06-1647.

985 So.2d 37 (2008)

The STATE of Florida, Appellant, v. Mary BASTOS and Ralph Vlad, Appellees.

District Court of Appeal of Florida, Third District.

June 11, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Paulette R. Taylor, Timothy R.M. Thomas, and Patrick F. Trese, Assistant Attorneys General, for appellant.

Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, for Appellee Ralph Vlad and Hersch & Talisman, and Richard Hersch, for Appellee Mary Bastos.

Greenberg, Traurig, and Edward G. Guedes, for amicus curiae, CMI, Inc.

Before COPE and GREEN, JJ., and SCHWARTZ, Senior Judge.

COPE, J.

This is a State appeal of a non-final order certified by the county court as being of great public importance. See Fla. R.App. P. 9.030(b)(4)(B), 9.140(c)(2); State v. Ratner, 948 So.2d 700, 704 (Fla.2007).

The underlying proceedings are the prosecution of Mary Bastos and Ralph Vlad ("the defendants") for driving under the influence of alcohol ("DUI"). The county court ruled that the defendants are...

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