Robertson v. State ex rel. Harty

OWEN, Judge.

This case, like Davis v. Smith, District Court of Appeal, Fourth District, 227 So.2d 342, opinion filed this date, presents the question of whether F.S.1967, Section 322.-262(4), F.S.A., entitles a person, charged in municipal court with the offense of driving while under the influence of alcoholic beverages to the extent that his normal faculties were impaired, to a jury trial upon demand for such.

In the instant case, unlike the situation in Davis v. Smith, supra, the municipal judge was prohibited from exercising further jurisdiction because the relator had made timely demand…