State v. Adamson

District Court of Appeal of Florida

State v. Adamson

444 So. 2d 579, 1984 Fla. App. LEXIS 11549

CourtDistrict Court of Appeal of Florida

DecidedFebruary 2, 1984

DocketNo. 82-1652

StatusPublished

Cited by1 cases

This text of 444 So. 2d 579 (State v. Adamson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Adamson, 444 So. 2d 579, 1984 Fla. App. LEXIS 11549 (Fla. Ct. App. 1984).

Pincite

Opinion

FRANK D. UPCHURCH, Jr., Judge.

The state appeals from an order ruling that section 316.1932(l)(a), Florida Statutes (1982) is unconstitutional. This section provides that “[t]he refusal to submit to a chemical breath ... test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding.”

Appellee Adamson was arrested in August, 1982, and charged with driving under the influence of alcoholic beverages. He refused to submit to a breathalyzer test after being requested to do so by the arresting officer.

We find South Dakota v. Neville, — U.S. -, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983) (which was issued while this case was pending on appeal) to be controlling and therefore reverse the trial court’s order. See also Pardo v. State, 429 So.2d 1313 (Fla. 5th DCA 1983).

REVERSED.

DAUKSCH and SHARP, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI