DAVID LEE GALLAGHER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the judgment below should be vacated and remanded for reconsideration in light of a prior Supreme Court opinion.
The district court certified a question regarding the admissibility of blood alcohol test results when the expert cannot definitively state the defend…
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BARKETT, Justice.
We review Gallagher v. State, 570 So. 2d 442 (Fla. 3d DCA 1990), in which the district court certified the following question of great public importance: *
Whether the numerical result of the blood alcohol test taken ... after the defendant’s last operation of a motor vehicle is admissible evidence where the state’s expert witness would testify that the numerical reading would not be the [blood alcohol level (BAL)] at the time the defendant was operating the vehicle, where that witness was unable to testify what the defendant’s BAL was at the time he was operating the vehicle, and where the witness testified that the BAL could have been lower than .10% at the time the defendant operated the vehicle.
State v. Miller, 555 So. 2d 391, 392 (Fla. 3d DCA 1989).
The district court relied in part on Miller, which we recently approved in part and quashed in part. Miller v. State, 597 So. 2d 767 (Fla.1991). Accordingly, we vacate the judgment below and remand for reconsideration in light of our opinion in Miller. We do not address the additional issues raised in the petitioner’s brief.
It is so ordered.
SHAW, C.J., and OVERTON, MCDONALD, GRIMES, KOGAN and HARDING, JJ., concur. *
The district court certified "the same question of great public importance certified in [State v.] Miller [, 555 So. 2d 391, 394 (Fla. 3d DCA 1989), approved in part, quashed in part, 597 So. 2d 767 (Fla.1991) ].” We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
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Cited By (12 total)
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State v. Polak, 598 So. 2d 150 (Fla. 1st DCA 1992)…e state that the admissibility of blood alcohol evidence is not determined solely by reference to the implied consent statutes, and that such evidence continues to be subject to traditional rules regarding admissibility of evidence. Miller v. State, 597 So. 2d 767 (Fla.1991). See also State v. Strong, 504 So. 2d 758 (Fla.1987); State v. Walther, 519 So. 2d 731 (Fla. 1st DCA 1988); State v. Quartararo, 522 So. 2d 42 (Fla. 2d DCA), review denied, 531 So. 2d 1354 (Fla.1988). However, the blood alcohol content ev…
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Haas v. State, 597 So. 2d 770 (Fla. 1992)…Florida’s statutory scheme, the evidence of the blood-alcohol reading constituted circumstantial evidence which was sufficient to uphold the convictions predicated on driving with a blood-alcohol level in excess of 0.10 percent. In Miller v. State, 597 So. 2d 767 (Fla.1991), this Court recently held that an expert witness could testify concerning the results of the defendant’s blood-alcohol level test even though the witness was unable to state what the blood-alcohol level was at the time the defendant was o…
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Blasco v. State, 680 So. 2d 1052 (Fla. 3d DCA 1996)…he trial court erred during the state’s case in chief when it allowed the results of his blood alcohol test to be admitted into evidence where the blood sample was drawn approximately two hours after Blasco was operating his ear. In Miller v. State, 597 So. 2d 767 (Fla.1991), our supreme court found that “the inability of the State to ‘relate back’ blood alcohol evidence to the time the defendant was driving a vehicle is a question of credibility and weight-of-the-evidence, not admissibility, provided the tes…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Miller, 555 So. 2d 391 (Fla. 3d DCA 1989)
- Gallagher v. State, 570 So. 2d 442 (Fla. 3d DCA 1990)
- Roman v. State, 570 So. 2d 442 (Fla. 3d DCA 1990)
- Miller v. State, 597 So. 2d 767 (Fla. 1991)