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788 So. 2d 962

788 So.2d 962

26 Fla.L.WeeklySupp. 421

McBride v. State

Supreme Court of Florida

Decided June 21, 2001

Supreme Court of Florida · decided 2001-06-21

Cited by 10 later decisions (1 by the Supreme Court) — most recently September 2014

8 state decisions

Key passage — most relied on by later courts

“only to the extent it is inconsistent with ... Townsend [II].”

quoted by 1 later decision, including 816 So. 2d 656 - McBride v. State

Relies on 405 So. 2d 418 - Jollie v. State · 604 So. 2d 783 - Robertson v. State · 775 So. 2d 950 - State v. Miles

Good law ✅— No negative treatment on recordhow we know

Decided 2001-06-21

View the full empirical analysis of this case →

PER CURIAM.

¶1We have for review McBride v. State, 774 So.2d 698 (Fla. 2d DCA 2000), in which the Second District affirmed petitioner’s conviction with a citation to its opinion in State v. Townsend, 746 So.2d 495 (Fla. 2d DCA 1999). We have jurisdiction. Art. V., § 3(b)(4), Fla. Const.; see also Jollie v. State, 405 So.2d 418 (Fla.1981).

¶2In State v. Miles, 775 So.2d 950 (Fla.2000), and Townsend v. State, 774 So.2d 693 (Fla.2000), we were presented with 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?

¶3We answered the question in the negative by holding (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. See Miles, 775 So.2d at 956-57; Townsend, 774 So.2d at 693.

¶4We quash the decision below only to the extent it is inconsistent with Milesand Townsend, and remand the case to the Second District for proceedings consistent with Milesand Townsend.

¶5It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and QUINCE, JJ., concur.LEWIS, J., dissents.
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