Legal Opinion · Dissent

Strong v. State

District Court of Appeal of Florida

Decided March 5, 1985No. 83-1599Published

1DissentJorgenson, Judge

Because I believe that neither section 316.1932(l)(f) 2, Florida Statutes (Supp. 1982), nor section 322.261(2)(b), Florida Statutes (1981), are applicable; that State v. Roose, 450 So.2d 861 (Fla. 3d DCA), rev. denied, 451 So.2d 850 (Fla.1984), which involves DUI manslaughter, is distinguishable on its facts; and, further, that Campbell v. State, 423 So.2d 488 (Fla. 1st DCA 1982), was wrongly decided, I respectfully dissent.1

The blood samples in question were withdrawn from Strong with his consent by a medical technician (concededly not qualified under section 322.261(2)(b)) for medical…

2Cases cited8 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State v. BenderSupreme Court of Florida · 1980
  3. Pardo v. StateDistrict Court of Appeal of Florida · 1983
  4. Grala v. StateDistrict Court of Appeal of Florida · 1982
  5. Campbell v. StateDistrict Court of Appeal of Florida · 1982

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