JOHN MCARTHUR, APPELLANT,
v.
DONALD SMITH, D/B/A G & S TRUCKING, APPELLEE
JOHN MCARTHUR, APPELLANT,
DONALD SMITH, D/B/A G & S TRUCKING, APPELLEE
498 So. 2d 580
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The final judgment on the pleadings entered below is reversed and the cause is remanded for further proceedings based on the controlling authorities of Diaz v. Public Health Trust of Dade County, 492 So. 2d 1082, 1085 (Fla. 3d DCA 1986) and Szabo v. Essex Chemical Corp., 461 So. 2d 128 (Fla. 3d DCA 1984).
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State v. Kliphouse, 771 So. 2d 16 (Fla. 4th DCA 2000)…te a motor vehicle in compliance with the law). . State v. Cesaretti, 632 So. 2d 1105 (Fla. 4th DCA 1994)(officer had cause to request blood test of motorist who had odor of alcohol on her breath and caused serious bodily injury);' State v. Silver, 498 So. 2d 580 (Fla. 4th DCA 1986)(officer authorized to order blood sample from defendant who had odor of alcohol on breath and was driver of vehicle involved in traffic fatality); Williams v. State, 731 So. 2d 48 (Fla. 2d DCA 1999)(smell of alcohol on defendant’…
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State v. Brown, 725 So. 2d 441 (Fla. 5th DCA 1999)…proper criteria. See Jackson; Dorman. Blood tests have been held admissible even if the police officer testified he or she did not have probable cause to order the blood draw, or that he or she had no opinion on that’ question. See State v. Silver, 498 So. 2d 580 (Fla. 4th DCA 1986), rev. denied, 506 So. 2d 1043 (Fla.1987); Jackson. However, Trooper Campbell testified he thought he had probable cause to order the blood draw. The objective facts and circumstances concerning the accident and the driver’s beha…1 / 2
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LAX v. State, 639 So. 2d 76 (Fla. 3d DCA 1994)…count of DUI with serious bodily injury. We affirm. First, we reject appellant’s contention that the investigating officer lacked probable cause to order that appellant’s blood be drawn and tested for the presence of alcohol. See State v. Silver, 498 So. 2d 580 (Fla. 4th DCA 1986) (officer had probable cause to order a blood test where two vehicles were scattered over the neighborhood; one contained a victim, killed from the impact, and the other driver had the odor of alcohol on his breath), rev. denied,…
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- Sandor Szabo and Joan Szabo v. Essex Chem. Corp., 461 So. 2d 128 (Fla. 3d DCA 1984)
- Gipp v. State, 492 So. 2d 1082 (Fla. 2d DCA 1986)
- Diaz v. The Pub. Health Tr. OF Dade Cnty., 492 So. 2d 1082 (Fla. 3d DCA 1986)