Legal Opinion

State v. Baltrus

Circuit Court for the Judicial Circuits of Florida

Decided February 8, 1989No. Case No. 88-22AC (County Court Case No. 87-29568MM10)Published

1Opinion of the Court

OPINION OF THE COURT

LAWRENCE L. KORDA, Circuit Judge.

The facts in this case are undisputed. In December, 1987, Oakland Park Police responded to a man passed out in a vehicle parked in the parking lot of a 24-hour restaurant. Appellee was found in the driver’s seat, slumped over the steering wheel with the ignition keys in his hand. When awakened by the Police, Appellee responded to the police officer by the use of profanity and stating, “Leave me alone so I can go home.” Appellee was arrested for driving under the influence based on his physical state and a strong odor of alcohol on his…

2Cases cited11 opinions

State, Department of Public Safety v. JuncewskiSupreme Court of Minnesota · 1981
In re Trial Courts of the Standard Jury Instructions in Criminal CasesSupreme Court of Florida · 1981
Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1975
State v. SchulerNorth Dakota Supreme Court · 1976
City of Cincinnati v. KelleyOhio Supreme Court · 1976

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