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Questions, questions: Breath Test

By Matt Conigliaro, Esq.

In this case, the Fifth District certified the following to the Florida Supreme Court as a question of great public importance: CAN THE DHSMV SUSPEND A DRIVER'S LICENSE FOR REFUSAL TO SUBMIT TO A BREATH TEST, IF THE REFUSAL IS NOT INCIDENT TO A LAWFUL ARREST? IF NOT, IS A DHSMV HEARING OFFICER REQUIRED TO ADDRESS THE LAWFULNESS OF THE ARREST AS PART OF THE REVIEW PROCESS? The district court

Full post as published by Abstract Appeal on June 27, 2008 (boomark / email).