State v. Patrus

ROBERT W. TYSON, Jr., Circuit Judge.

The appellee, defendant below, was accused of violating two sections of the law, to wit, first, violation of Florida Statute 316.028 (1), which reads — “It is unlawful... when affected to the extent that his normal faculties are impaired to drive . . . any vehicle within this state,” and secondly, violation of Florida Statute *20316.028(3), which reads — “It is unlawful ... for any person with a blood alcohol level of 0.10 per cent or above, to drive . . . any vehicle within this state.”

On October 12, 1976 the trial court entered an order granting the appellee’s…