335 SO2D 554 - State v. Carhartt

How this case has been cited

Cited by 9 later decisions — most recently September 2000

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1Appellant received a citation on March 30, 1975, for violating Section 316.028(3), Florida Statutes.* In an order dated October 9, 1975, the trial court granted a motion to dismiss on the ground that this statute was unconstitutionally vague and arbitrary and constituted a denial of due process of law.

¶2On March 17, 1976, this Court filed its opinion in the case of Roberts v. State, 329 So.2d 296. The Court upheld the constitutionality of Section 316.028(3), Florida Statutes, against a challenge identical to the argument advanced by the appellee in the instant case, holding, inter alia, that the statute is a reasonable exercise by the Legislature of the police power of this State.

¶3Accordingly, the judgment of the trial court is reversed, and the cause is remanded for further proceedings not inconsistent herewith.

OVERTON, C. J., and ADKINS, BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.

¶4 “It is unlawful and punishable as provided in subsection (4) for any person with a blood alcohol level of 0.10 percent, or above, to drive or be in actual physical control of any vehicle within this state.”