State v. Hamilton

ROTHSTEIN-YOUAKIM, Judge.

The State seeks second-tier certiorari review of the circuit court’s order granting Defendant Timothy Scott Hamilton’s petition for writ of prohibition and ordering the county court to dismiss the charge against Mr. Hamilton for refusing to submit to a breath, blood, or urine test. The circuit court ruled that the county court should have granted Mr. Hamilton’s motion to dismiss because, under Florida Rule of Criminal Procedure 3.151, the offense underlying the refusal charge was related to the offense underlying a DUI charge of which he had been acquitted one day…