Legal Opinion

Korte v. State

Volusia County Court

Decided November 6, 1985No. Case No. 47844-MMPublished

1Opinion of the Court

OPINION OF THE COURT

DARREL CARNELL, County Judge.

Having reasonable cause to believe that petitioner was operating his automobile while under the influence of an alcoholic beverage, Sgt. Allen Espy, a law enforcement officer of the City of Holly Hill, placed petitioner under lawful arrest for that offense. Sgt. Epsy related the circumstances of the case to officer Elliott Anderson, the operator of Holly Hill’s approved breath testing device, who then advised the petitioner of the provisions of Florida’s implied consent law and asked the petitioner to submit to an approved breath test. Upon the…

2Cases cited5 opinions

  1. State v. BenderSupreme Court of Florida · 1980
  2. Smith v. City of GainesvilleSupreme Court of Florida · 1957
  3. Layman v. StateDistrict Court of Appeal of Florida · 1984
  4. State v. DemarzoDistrict Court of Appeal of Florida · 1984
  5. State v. MillerDistrict Court of Appeal of Florida · 1985

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