State v. Whitehead

Whitehead, contending that Section 316.-1932(l)(a), Florida Statutes (Supp.1982), which provides, inter alia, that:

“The refusal to submit to a chemical breath or urine test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding.”

unconstitutionally violates his privilege against self-incrimination, successfully moved in limine to prohibit the State from eliciting any testimony concerning, or commenting upon, the defendant’s refusal to submit to a test to determine the alcoholic content of his blood. The order…