State v. McIntyre

CAMPBELL, Judge.

This cause is before the court on petition for certiorari to review the order of the circuit court reversing the county court’s judgment that respondent drove while under the influence of alcoholic beverages contrary to Section 316.193, Florida Statutes. Petitioner asserts that the order of the circuit court, acting in its appellate capacity, departed from the essential requirements of law. We agree and grant the petition.

At respondent’s nonjury trial three police officers testified that they observed respondent shortly after he was discovered sitting in his automobile. The…