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State v. Fardelman

453 So. 2d 1183, 9 Fla. L. Weekly 1760, 1984 Fla. App. LEXIS 14590
CourtDistrict Court of Appeal of Florida
DecidedAugust 9, 1984
DocketNo. 83-513
StatusPublished
Cited by6 cases

This text of 453 So. 2d 1183 (State v. Fardelman) 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. Fardelman, 453 So. 2d 1183, 9 Fla. L. Weekly 1760, 1984 Fla. App. LEXIS 14590 (Fla. Ct. App. 1984).

Opinions

DAUKSCH, Judge.

This is an appeal from an order suppressing evidence of the results of an intoxilyzer test in a manslaughter case. An intoxilyzer is a device which measures blood/alcohol levels.

This case is like Drury v. Harding, 443 So.2d 360 (Fla. 1st DCA 1983) and we are in agreement with the Drury ruling.. Thus we must reverse the order of suppression. Appellee here also argues that the intoxilyzer device itself was not approved by the Department of Health and Rehabilitative Services as the statutes required. We conclude that the Department of Health and Rehabilitative Services Rule 10D-42.24(5) does approve the device which was apparently used in this case, thus find appellee’s argument without merit. We certify to the supreme court the same question posed in Drury as being of great public importance.

REVERSED and REMANDED.

ORFINGER, J., concurs. SHARP, J., concurs specially with opinion.

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Related

State v. Smith
37 Fla. Supp. 2d 116 (Florida Circuit Courts, 1989)
State v. Black
29 Fla. Supp. 2d 64 (Volusia County Court, 1988)
State v. Polikan
18 Fla. Supp. 2d 144 (Florida Circuit Courts, 1986)
State v. Blake
10 Fla. Supp. 2d 17 (Volusia County Court, 1985)
State v. Dingus
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Houser v. State
456 So. 2d 1265 (District Court of Appeal of Florida, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
453 So. 2d 1183, 9 Fla. L. Weekly 1760, 1984 Fla. App. LEXIS 14590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fardelman-fladistctapp-1984.