Legal Opinion
State v. Craft
Volusia County Court
Decided September 10, 1984No. Case No. 32660-LN; Case No. 33421-LN; Case No. 31225-LN; Case No. 32867-LN; Case No. 33166-LN; Case No. 87376-LN; Case No. 87376-LN (Consolidated)Published
1Opinion of the Court
OPINION OF THE COURT
NORTON JOSEPHSON, County Judge.
This cause came on to be heard upon the defendant’s motions to suppress the results of the breathalyzer test given to each defendant after they were arrested for driving under the influence of alcoholic beverages. The basis for the motions is that the Daytona Beach Police Department, the arresting agency in each case, through its arresting officers gave the defendants an improper implied consent warning. The implied consent warning as used by the Daytona Beach Police Department states as follows:
I am prepared to give you an approved chemical…
2Cases cited12 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- State v. BenderSupreme Court of Florida · 1980
- Sambrine v. StateSupreme Court of Florida · 1980
- Kass v. LewinSupreme Court of Florida · 1958
- Pardo v. StateDistrict Court of Appeal of Florida · 1983
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