Legal Opinion

Kurecka v. State

District Court of Appeal of Florida

Decided September 29, 2010No. 4D08-2154, 4D08-3221PublishedCited by 11 opinions

1Opinion of the Court

ON MOTION FOR CLARIFICATION, REHEARING, REHEARING EN BANC AND CERTIFICATION

TAYLOR, J.

We deny appellee’s motion for rehearing, rehearing en bane, and certification, but substitute the following opinion in place of our previously issued opinion, 35 Fla. L. Weekly D666 (Fla. 4th DCA Mar.24, 2010), to clarify the procedural history contained in the first paragraph of page one of the opinion.

These consolidated appeals present the same issue concerning whether the defendants’ refusal to submit to a breath test, following their arrest for driving under the influence (DUI), should have been…

2Cases cited38 opinions

  1. South Dakota v. NevilleSupreme Court of the United States · 1983
  2. Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
  3. State v. BenderSupreme Court of Florida · 1980
  4. Commonwealth, Department of Transportation, Bureau of Driver Licensing v. ScottSupreme Court of Pennsylvania · 1996
  5. State, Department of Highways v. BeckeySupreme Court of Minnesota · 1971

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3Cited by11 opinions

  1. State v. CatalanoSupreme Court of Florida · 2012
  2. State v. Wade F. LilesDistrict Court of Appeal of Florida · 2016
  3. Gonzalez v. StateDistrict Court of Appeal of Florida · 2011
  4. State of New Hampshire v. Alex DucharmeSupreme Court of New Hampshire · 2015
  5. State v. HollandDistrict Court of Appeal of Florida · 2011

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