State v. Bond

OPINION OF THE COURT

The Appellee herein was charged with driving under the influence of alcohol in October of 1988. A Motion in Limine to exclude the results of the chemical breath test was made by the defense based on a lapse of two hours between arrest and test. Said Motion was granted. The State appeals.

Testing is unnecessary in order for the State to prove a case against a defendant charged with driving under the influence. See *73§ 316.193(l)(a), Fla. Stat. (1987); Layman v State, 455 So.2d 607 (Fla. 5th DCA 1984), cert. denied, 459 So.2d 1040 (Fla. 1984) (holding that the statute describes…