THE STATE OF FLORIDA v. BRITTANY A. EVANS
This text of THE STATE OF FLORIDA v. BRITTANY A. EVANS (THE STATE OF FLORIDA v. BRITTANY A. EVANS) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed August 16, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-0809 Lower Tribunal No. 20-619-A-K ________________
The State of Florida, Appellant,
vs.
Brittany A. Evans, Appellee.
An Appeal from the County Court for Monroe County, Sharon I. Hamilton, Judge.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellant.
No appearance, for appellee.
Before SCALES, MILLER and BOKOR, JJ.
PER CURIAM. Affirmed. Unruh v. State, 669 So. 2d 242, 245 (Fla. 1996) (approving
suppression of breathalyzer test results as a proper sanction where the
arrestee's right to an independent blood alcohol test has been frustrated by
law enforcement's failure to render reasonable assistance to such person
in obtaining the test); State v. Durkee, 584 So. 2d 1080, 1081, 1083 (Fla.
5th DCA 1991) (reinstating the suppression order of the county court and
noting that Durkee, in addition to consenting to the breathalyzer test,
“repeatedly” asked to have a blood test).
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