Legal Opinion
State v. Vatalaro
Circuit Court of the 9th Judicial Circuit of Florida, Orange County
Decided December 19, 1980No. T080-53470; T080-52148; T080-57307Published
1Opinion of the Court
JAMES C. HAUSER, County Judge.
STATE OFFICIALS SHALL NOT UNREASONABLY PROHIBIT AN ACCUSED FROM CONSULTING WITH HIS ATTORNEY PRIOR TO THE ACCUSED TAKING THE “BREATHALYZER TEST”. IF THE ACCUSED, SUBSEQUENTLY, DOES NOT TAKE THE BREATHALYZER TEST, HE HAS NOT “REFUSED” TO TAKE THE BREATHALYZER TEST WITHIN THE MEANING OF FLA. STAT. 322.261 AND HIS LICENSE WILL NOT BE SUSPENDED.
SYNOPSIS
The above three defendants were all arrested for the offense of driving under the influence of alcohol, at separate times and on separate dates. All were taken to the Municipal Justice Building, where as part of the…
2Cases cited48 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Powell v. AlabamaSupreme Court of the United States · 1932
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Bell v. BursonSupreme Court of the United States · 1971
43 more not listed; retrieve them via the Exa API.