State v. Holland

GRIMES, Judge.

The state appeals from' a county court order granting appellees’ motion to suppress evidence of their refusal to submit to a chemical breath test and declaring unconstitutional a portion of section 316.-1932(l)(a), Florida Statutes (1982 Supp.), the “implied consent law.” The lower court held that the statutory provision was violative of federal and state due process as well as appellees’ privilege against self-incrimination. The court struck the last line of section 316.1932(l)(a) which stated:

The refusal to submit to a chemical breath or urine test upon the request of a law…