Legal Opinion

State v. Davis

Circuit Court for the Judicial Circuits of Florida

Decided June 13, 1991No. Case No. 89-0032-CA-AP-LpD (Lower Court Case No. 61293/4RWPublished

1Opinion of the Court

OPINION OF THE COURT

BRIESE, Judge.

THIS COURT reviews the trial court’s December 6, 1989 Order (R 20) granting Appellee’s Motion to Suppress (R 16-18) based on the *20State’s alleged failure to substantially comply with HRS Rule 10D-42.024(l)(f) requiring a twenty minute observation period prior to the administration of a breath test. The only evidence of the suppression hearing was the testimony of the breath test/video operator and the maintenance technician. (See R 27-61, 62-87, respectively) and one composite exhibit consisting of an operational checklist and the instrument printer card (R…

2Cases cited5 opinions

  1. Owen v. StateSupreme Court of Florida · 1990
  2. State v. FernandezDistrict Court of Appeal of Florida · 1988
  3. State v. G.H.District Court of Appeal of Florida · 1989
  4. State v. HillPalm Beach County Court · 1987
  5. State v. ScruggsDistrict Court of Appeal of Florida · 1990

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