Legal Opinion

State v. Smith

Circuit Court for the Judicial Circuits of Florida

Decided March 16, 1989No. Case Nos. TO88-149651, 149652 and 149653Published

1Opinion of the Court

OPINION OF THE COURT

DOROTHY J. RUSSELL, County Judge.

ORDER GRANTING STATE’S MOTION TO STRIKE

THIS CAUSE comes before the court on the State’s Motion to *117Strike Defendant’s Motion in Limine with Regard to Breath Test, Motion in Limine with Regard to Intoxilyzer and Intoxilyzer Test Results, and Amended Motion in Limine with Regard to Intoxilyzer and Intoxilyzer Test Results.

FACTS

The Defendant, DAVID B. SMITH, was arrested for D.U.I. on October 1, 1988, at which time he submitted to a breathalyzer on the Intoxilyzer 5000 with a resultant reading of .191 and .185 percent BAL.

On August 23, 1988,…

2Cases cited7 opinions

  1. School Bd. of Leon County v. MitchellDistrict Court of Appeal of Florida · 1977
  2. Drury v. HardingSupreme Court of Florida · 1984
  3. Communities Fin. Corp. v. FLORIDA, ETC.District Court of Appeal of Florida · 1982
  4. State v. FloodDistrict Court of Appeal of Florida · 1988
  5. Tampa Port Authority v. DeenDistrict Court of Appeal of Florida · 1965

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