State v. Lee

DANAHY, Judge.

The appellant, John Wayne Lee, was charged in circuit court with two offenses, including a charge of driving while under the influence of alcohol. At the time of his arrest, a breathalyzer test was administered pursuant to the statutory procedure contained in Chapter 322, Florida Statutes (1979), which authorizes the test on an arrested person.1 Sixty days after the breathalyzer test, Lee first requested a sample of his breath taken at the time of his arrest when he filed a motion to produce the sample. The trial judge ordered the state to produce the breath sample. The state…