STATE OF FLORIDA, PETITIONER,
v.
KENNETH RAY DUCKSWORTH, RESPONDENT
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OTT, Judge.
In reliance upon our opinion in State v. Duke, 378 So. 2d 96 (Fla. 2d DCA 1979) the county court permitted the state to introduce evidence, in appellee’s DUI prosecution, that when arrested he had refused to submit to a test for alcohol in his system. The circuit court reversed appellee’s conviction, on the ground that Duke was effectively invalidated by Sambrine v. State, 386 So. 2d 546 (Fla.1980).
The circuit court was correct. Duke was predicated upon our belief that the conditions for admissibility set forth in State v. Esperti, 220 So. 2d 416 (Fla. 2d DCA 1969), cert. dismissed, 225 So. 2d 910 (Fla.1969), had been met, in that the tests authorized by section 322.261(1)(a), Florida Statutes, are compulsory. Sambrine holds that they are not.
The state’s petition for certiorari is DENIED.
SCHEB, C. J., and RYDER, J., concur.
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State v. Young, 483 So. 2d 31 (Fla. 5th DCA 1985)…sleading (although non-coercive) warning. On appeal, the circuit court thought it “paradoxical ... for the legislature to punish that which a person has a ‘right’ to do”, but nevertheless believed itself bound by the opinion in State v. Ducksworth, 408 So. 2d 589 (Fla. 2d DCA 1981) holding that the breath test was not compulsory, because there was no controlling precedent in this district. We agree with the circuit court’s observations as to the illogic of the result, and hold that Ducksworth does not contro…
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Brown v. State, 412 So. 2d 22 (Fla. 2d DCA 1982)…ises his statutory option to refuse testing, the result of any test taken over objection is inadmissible at trial. This court recently applied the mandate of Sambrine to facts quite similar to those in the case sub judice. In State v. Ducks-worth, 408 So. 2d 589 (Fla. 2d DCA 1981), we wrote that inasmuch as Sambrine invalidated our holding in Duke, the state can no longer introduce into evidence the fact that the defendant refused to submit to a test for alcohol in his system. We adhere to Ducksworth, reced…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sambrine v. State, 386 So. 2d 546 (Fla. 1980)
- State v. Esperti, 220 So. 2d 416 (Fla. 2d DCA 1969)
- State v. Duke, 378 So. 2d 96 (Fla. 2d DCA 1979)
- Higgins v. State, 225 So. 2d 910 (Fla. 1969)
- Crum v. State, 225 So. 2d 910 (Fla. 1969)