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STATE v. BUSCIGLIO

No. 2D06-2415.

976 So.2d 15 (2008)

STATE of Florida, Appellant, v. Anthony BUSCIGLIO, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 17, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue and Chandra Waite Dasrat, Assistant Attorneys General, Tampa, for Appellant.

Eilam Isaak, Tampa, for Appellee.

VILLANTI, Judge.

The State appeals a trial court order granting suppression of the arresting officer's request and Anthony Busciglio's refusal to take a breath test. The breath test request was made after Busciglio's lawful arrest for felony driving under the influence (DUI). Because his driving privileges had been previously suspended for a prior refusal to submit to a breath test, Busciglio's current refusal constituted a first-degree misdemeanor pursuant to section...

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