THE STATE OF FLORIDA
v.
BRITTANY A. EVANS
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Suppression of a breathalyzer test is proper when law enforcement fails to render reasonable assistance to an arrestee who requests an independent blood alcohol test.
[1] Suppression of breathalyzer test results is a proper sanction when law enforcement fails to provide reasonable assistance to an arrestee requesting an independent blood a…
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Join FLexlaw to unlock all legal intelligence“approving suppression of breathalyzer test results as a proper sanction where the arrestee's right to an independent blood alcohol test has been frustrated by law enforcement's failure to render reasonable assistance to such person in obtaining the test”
Citation to Unruh v. State, discussing the appropriate remedy for law enforcement's interference with independent testing rights.
Brittany A. Evans was arrested and underwent testing for blood alcohol content. The defendant sought an independent blood test but law enforcement fai…
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PER CURIAM.
Affirmed. Unruh v. State, 669 So. 2d 242, 245 (Fla. 1996) (approving suppression of breathalyzer test results as a proper sanction where the arrestee's right to an independent blood alcohol test has been frustrated by law enforcement's failure to render reasonable assistance to such person in obtaining the test); State v. Durkee, 584 So. 2d 1080, 1081, 1083 (Fla. 5th DCA 1991) (reinstating the suppression order of the county court and noting that Durkee, in addition to consenting to the breathalyzer test, “repeatedly” asked to have a blood test).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Unruh v. State, 669 So. 2d 242 (Fla. 1996)
- State v. Durkee, 584 So. 2d 1080 (Fla. 5th DCA 1991)