State v. Oakley

The state appeals a county court order dismissing an information against appellee and declaring section 316.1934, Florida Statutes (1985), unconstitutional. This court has jurisdiction pursuant to section 26.012, Florida Statutes (1985).

Appellee was charged with driving under the influence of alcohol pursuant to section 316.193(1), Florida Statutes (1985). He thereafter filed a motion to declare a portion of another statute, section 316.1934, invalid. He asserted that because section 316.1934(2)(c) provides that a blood alcohol level of 0.10 or more is prima facie evidence of impairment, it…