State v. Fingar

Florida Circuit Courts

State v. Fingar

45 Fla. Supp. 2d 71

CourtCircuit Court for the Judicial Circuits of Florida

DecidedFebruary 1, 1991

DocketCase No. 90-089 AC

StatusPublished

This text of 45 Fla. Supp. 2d 71 (State v. Fingar) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Fingar, 45 Fla. Supp. 2d 71 (Fla. Super. Ct. 1991).

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OPINION OF THE COURT

PER CURIAM.

We feel bound to follow the clear precedent contained in Zink v State, 448 So.2d 1196 (Fla. 1st DCA 1984), because we feel it is the law and because of the reasons controlling our discretion expressed in State v Hayes, 333 So.2d 51 (Fla. 4th DCA 1976. By saying “within the state,” Section 316.193(l)(a), Florida Statutes, applies driving under the influence laws to both public and private property. Section 316.006, Florida Statutes, including its remedial 1987 amendment, limits juris[72]*72diction of county police over private property in their enforcement of laws controlling traffic to situations when the property owner consents. However, that section in no way is a limitation on the specific jurisdiction given the police in § 316.193(l)(a).

Reversed and remanded for further proceedings.

ROBINSON and KAHN, JJ., concur. HENDERSON, J., dissents with opinion.

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OPINION OF THE COURT

PER CURIAM.

We feel bound to follow the clear precedent contained in Zink v State, 448 So.2d 1196 (Fla. 1st DCA 1984), because we feel it is the law and because of the reasons controlling our discretion expressed in State v Hayes, 333 So.2d 51 (Fla. 4th DCA 1976. By saying “within the state,” Section 316.193(l)(a), Florida Statutes, applies driving under the influence laws to both public and private property. Section 316.006, Florida Statutes, including its remedial 1987 amendment, limits juris[72]*72diction of county police over private property in their enforcement of laws controlling traffic to situations when the property owner consents. However, that section in no way is a limitation on the specific jurisdiction given the police in § 316.193(l)(a).

Reversed and remanded for further proceedings.

ROBINSON and KAHN, JJ., concur. HENDERSON, J., dissents with opinion.

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