Navigation Justices clarify ‘Color of Office’ doctrine in DUI Case
The Supreme Court has determined that a Maitland police officer was not acting outside of his authority when he took a DUI suspect beyond city limits to perform a breathalyzer test.
In a December 30 ruling in State v. Repple, the Supreme Court overturned a Sixth District Court of Appeal decision excluding the test results.
“We conclude that the action of the officer who arrested Repple in Maitland in subsequently requesting that Repple submit to the breath test was authorized by Florida’s implied consent law even though the request was made outside Maitland,” the opinion states.
