State v. Dekay

OPINION OF THE COURT

ROBERT S. SCHWARTZ, County Judge.

*9THIS CAUSE CAME before the Court on October 6, 1987 pursuant to the Defendant’s Motion to Exclude Breath Test Results. The Court having heard argument of counsel, and being otherwise fully advised in the premises, hereby grants the Defendant’s motion.

The Defendant asserts that the operation of the breathalyzer was not in substantial compliance with the regulations of HRS as mandated by F.S. 316.1932(b)(1). This Court, in the case of State v. Hill, 26 Fla. Supp. 2d 82, previously held that the standard to be applied, regarding whether there…