State v. Anders

District Court of Appeal of Florida

Decided February 15, 2002

District Court of Appeal of Florida · decided 2002-02-15

Decided 2002-02-15

¶1ON MOTIONS FOR REHEARING AND CERTIFICATION

PER CURIAM.

¶2DENIED.

THOMPSON, C.J., and GRIFFIN, J., concur.PLEUS, J., dissenting, with opinion.PLEUS, Judge,

¶3dissenting.

¶4I respectfully dissent. I would deny the motion for rehearing, but grant the motion for certification and certify to the Supreme Court of Florida a question of great public importance on the following issue:

IS THERE A CONSTITUTIONAL RIGHT TO CONSULT WITH COUNSEL AFTER REFUSING TO SUBMIT TO A BREATH TEST?