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Stein v. State

36 Fla. Supp. 2d 38
CourtCircuit Court for the Judicial Circuits of Florida
DecidedAugust 7, 1989
DocketCase No. 88-740-AC (County Court Case No. 21906-87)
StatusPublished

This text of 36 Fla. Supp. 2d 38 (Stein v. State) 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.

Bluebook
Stein v. State, 36 Fla. Supp. 2d 38 (Fla. Super. Ct. 1989).

Opinion

OPINION OF THE COURT

PER CURIAM.

The state admitted that defendant’s vehicle was inoperable by failing to traverse a Motion to Dismiss pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Although this defense may have been successful at trial, the fact of inoperability did not conclusively establish defendant’s innocence as a matter of law. Because the state is not required to prove that a vehicle is operable to establish a prima facie case of driving under the influence, the court properly denied the Motion to Dismiss. Jones v State, 510 So.2d 1147 (Fla. 1st DCA 1987).

AFFIRMED. McNEAL, R., PETERSON, E., TOMBRINK, R., concur.

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Related

Jones v. State
510 So. 2d 1147 (District Court of Appeal of Florida, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
36 Fla. Supp. 2d 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-state-flacirct-1989.