Roper v. State

MILLS, Judge.

Roper appeals from a conviction for driving while intoxicated, Section 316.1931, Florida Statutes (1983). He contends the trial court committed reversible error by refusing his request that the jury be instructed that the chemical test presumption contained in Section 316.1934, Florida Statutes (1983), did not mean, without more, he was intoxicated. He asserts further error in the trial court’s denial of his motions for judgment of acquittal. We find no error and affirm.

Section 316.193, Florida Statutes (1983), driving while under the influence (DUI), is a separate offense from…