Legal Opinion
State v. Atkinson
District Court of Appeal of Florida
Decided May 5, 2000No. Nos. 5D99-2618, 5D99-3396PublishedCited by 2 opinions
1Opinion of the CourtCobb, J.
The Volusia County court dismissed pending DUI cases against multiple defendants on the ground of double jeopardy. In each of the cases the defendants, the appellees here, had been arrested for violation of section 316.193, Florida Statutes (1997). The defendants either refused a breath test or were measured as having an unlawful alcohol level. After arrest each defendant was detained in jail for eight hours or more. The driver licenses of the defendants were suspended pursuant to section 322.2615, Florida Statutes (1997), which provides in part:(l)(a) A law enforcement officer or…
2Cases cited12 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- United States v. SalernoSupreme Court of the United States · 1987
- United States v. DixonSupreme Court of the United States · 1993
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- Thomas v. StateSupreme Court of Florida · 1993
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3Cited by2 opinions
- Seana Barnett v. Sara MacArthurCourt of Appeals for the Eleventh Circuit · 2020
- State v. WoodDistrict Court of Appeal of Florida · 2000