DEAN A. TOWNSEND, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that statutory presumptions of impairment are not applicable if quality assurance under the implied consent law is not enforced due to inadequate administrative rules regarding blood sample maintenance.
The State sought to use blood-alcohol test results, but the admissibility was challenged based on the adequacy of administrative rules for blood sampl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumption Of Impairment cases and more on FLexlaw
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. Townsend, 746 So. 2d 495, 497 (Fla. 2d DCA 1999). 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
-
Tyner v. State, 805 So. 2d 862 (Fla. 2d DCA 2001)…cohol test and results were not obtained in accordance with the core policies of the implied consent law, sections 316.1932, 316.1933 and 316.1934, Florida Statutes (1995). See State v. Miles, 775 So. 2d 950 (Fla.2000) (Miles II); Townsend v. State, 774 So. 2d 693 (Fla.2000); Robertson v. State, 604 So. 2d 783 [*864] (Fla.1992); State v. Bender, 382 So. 2d 697 (Fla.1980). However, the State argues, and we agree, that Mr. Tyner was properly convicted because the evidence of his blood alcohol test results were…1 / 2
-
McBride v. State, 816 So. 2d 656 (Fla. 2d DCA 2002)…he legislatively created presumptions of impairment once the predicate established in Robertson v. State, 604 So. 2d 783 (Fla.1992), is laid. However, the supreme court has overturned in part this court’s decision in Townsend. See Townsend v. State, 774 So. 2d 693, 693 (Fla.2000) (Townsend II). Subsequently the court quashed our holding in the instant case, “only to the extent it is inconsistent with ... Townsend [II].” See McBride v. State, 788 So. 2d 962, 963 (Fla.2001). Although pursuant to Townsend II it…
-
Hembree v. State, 790 So. 2d 590 (Fla. 5th DCA 2001)…ircumstances. It ruled that the statutory presumptions 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…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robertson v. State, 604 So. 2d 783 (Fla. 1992)
- State v. Miles, 775 So. 2d 950 (Fla. 2000)
- Ingold v. State, 746 So. 2d 495 (Fla. 2d DCA 1999)