STATE OF FLORIDA, PETITIONER,
v.
EARL SANDT, RESPONDENT
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Florida Supreme Court held that statutory presumptions of impairment from blood-alcohol tests are unavailable when the state fails to enforce quality assurance standards for blood sample maintenance under the implied consent statutory scheme.
Statutory presumptions of impairment do not apply when the state fails to enforce quality assurance mandates for blood sample maintenance under the implied consent law.
[1] Statutory presumptions of impairment from blood-alcohol tests are inapplicable when quality assurance standards for blood sample maintenance under the implied consent sta…
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Join FLexlaw to unlock all legal intelligenceThe state sought to establish the scientific reliability of blood-alcohol test results and claimed entitlement to legislatively created presumptions o…
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PER CURIAM.
We have for review a decision on the following question certified to be of great public importance:
WHERE THE STATE LAYS THE THREE-PRONGED PREDICATE FOR ADMISSIBILITY OF BLOOD-ALCOHOL TEST RESULTS IN ACCORDANCE WITH THE ANALYSIS SET FORTH IN ROBERTSON V STATE, 604 So. 2d 783 (Fla.1992), THEREBY ESTABLISHING THE SCIENTIFIC RELIABILITY OF THE BLOOD-ALCOHOL TEST RESULTS, IS THE STATE ENTITLED TO THE LEGISLATIVELY CREATED PRESUMPTIONS OF IMPAIRMENT?
State v. Sandt, 751 So. 2d 136, 137 (Fla. 2d DCA 2000). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in State v. Miles, 775 So. 2d 950 (Fla.2000), wherein we held (1) the absence of appropriate standards with respect to the maintenance of blood samples drawn pursuant to the implied consent law renders rule 11D-8.012, Florida Administrative Code, inadequate and (2) the statutory presumptions of impairment are not applicable where the mandate for quality assurance under the implied consent statutory scheme is not enforced. Accordingly, we quash the decision of the Second District in part, approve it in part, and remand for proceedings consistent with our decision in Miles.
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE and QUINCE, JJ„ concur. WELLS, C.J., and LEWIS, J., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hembree v. State, 790 So. 2d 590 (Fla. 5th DCA 2001)…resumptions are specifically contingent on the state establishing compliance with the mandate for quality assurance of the implied consent law. State v. Miles, 775 So. 2d 950 (Fla. 2000); Townsend v. State, 774 So. 2d 693 (Fla.2000); State v. Sandt, 774 So. 2d 692 (Fla.2000). The Bender or common law predicate for admission of blood test re-suits will not, standing alone, support the giving of the statutory presumptions in the implied consent law. The state tacitly concedes error. The error in this case, giv…
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State v. Sercey, 825 So. 2d 959 (Fla. 1st DCA 2002)…. Snell, 391 So. 2d 299 (Fla. 5th DCA 1980). But see State v. Barber, 783 So. 2d 293 (Fla. 5th DCA 2001), rev. granted, 800 So. 2d 612 (Fla.2001); State v. Sandt, 751 So. 2d 136 (Fla. 2d DCA 2000), approved in part, quashed in part on other grounds, 774 So. 2d 692 (Fla.2000); State v. Sybers, 743 So. 2d 619 (Fla. 1st DCA 1999). . See Williams v. State, 710 So. 2d 24, 33-34 (Fla. 3d DCA), rev. denied, 725 So. 2d 1111 (Fla.1998). . Federal courts have rejected the assertion that even when the underlying scien…
Authorities Cited
- Robertson v. State, 604 So. 2d 783 (Fla. 1992)
- State v. Miles, 775 So. 2d 950 (Fla. 2000)
- State v. Sandt, 751 So. 2d 136 (Fla. 2d DCA 2000)