IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY
STATE OF FLORIDA,
CASE NO. 96-09369 OPASP
ORDER GRANTING DEFENDANT'S MOTION
TO DISMISS BASED UPON DEFENDANT'S RELIANCE UPON THE COURT'S RULING THAT FLORIDA STATUTE 316.211 IS UNCONSTITUTIONAL
THIS CAUSE coming before the Court on May 8, 1996 to be heard upon the Defendant's Motion to Dismiss Based upon the Unconstitutionality of Florida Statute 316.211(1), the Court having heard testimony of the Defendant, argument of Counsel and having reviewed case law and being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED THAT the DEFENDANT'S Motion is GRANTED based upon the Defendant's reliance upon the Court's ruling in State v. David Raynal, Case No. 94-22863 OMANC (North Pinellas County Traffic Court 12-8-95) and State ex rel Williams v. Whitman, 156 So. 705 (Fla. 1934).
DONE AND ORDERED in St. Petersburg, Pinellas County, Florida, this Eighth day of May, 1996.
RADFORD W. SMITH
|cc:||Ron Smith, Esquire