Bennett v. State

ALTENBERND, Judge.

John R. Bennett seeks certiorari review of a circuit court’s appellate decision reinstating a DUI charge against him in county court. The county court had dismissed the DUI charge because either a deputy sheriffs video camera failed to record the roadside field sobriety test or the digital recording system in the sheriffs office failed to preserve the recording. The circuit court reversed this order, concluding that the case was controlled by the holding in State v. Betts, 659 So.2d 1137 (Fla. 5th DCA 1995), and that the county court had mistakenly treated dicta in State v.…