Legal Opinion

State v. Bennett

Volusia County Court

Decided September 7, 1988No. Case No. 840723-QH, etcPublished

1Opinion of the Court

*52OPINION OF THE COURT

SHAWN L. BRIESE, County Judge.

THIS CAUSE came before the Court on June 16, 1988 for an evidentiary hearing on defendants’ Motions in Limine Re Extrapolation. This Court finds as follows:

Defendants were charged by Florida Uniform Citations with driving under the influence in violation of § 316.193 Fla. Stat. (1987). Defendants each submitted to a breath test to determine their blood alcohol content.

Defendants seek in their Motions in Limine to prevent the State from eliciting any breath test evidence absent expert testimony relating test results back to the time of driving…

2Cases cited22 opinions

  1. State v. TischioSupreme Court of New Jersey · 1987
  2. State v. BenderSupreme Court of Florida · 1980
  3. Weaver v. State, Texas Court of Appeals, 1st District (Houston)1987
  4. Commonwealth v. TrefrySuperior Court of Pennsylvania · 1977
  5. Gillman v. StateDistrict Court of Appeal of Florida · 1979

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