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V
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
~~S~S'7"~ FLORIDA.
CASE N0. 78-568 CA
ALBERT F. ZAJON, )
Appellant, )
v .
ORDER AND. OPINION ON APPEAL
STATE OF FLORIDA, )
Appellee. )
)
Y~
Appellant, charged with a violation of F1. Stat. §316.193
(driving while intoxicated), claims that the offense does not _
constitute a misdemeanor, felony, or noncriminal traffic infract-
. ion, and therefore, is not within the jurisdiction of the County
Court and, in fact, cannot be prosecuted in any court.
The argument is ingenious and based upon a reading of the
various ,amendments to a number of statutes at the time the Legis-
lature decriminalized most traffic offenses.
j. Although not directly ,in point, the Supreme Court in Nettleton
v. Doughtie, X57,122, filed July 17 ,1979, and reported in 29 F1.L.
r
W. 370, re3ected a similar argument regarding traffic infractions.
' The reasoning of the Nettleton case is applicable and this Court is
~ of the opinion that the intent of the. Legislature was to continue
the prosecution of this offense in the County Court where it has
F
always been tried.
~ For the foregoing reasons, the Judgement below is affirmed.
DONE this August 20, 1979.
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S
~ Copies furnished:
Hon. E. P. DeFriest, Jr.
R. N. Roblegard, III, Esquire _
Robert E. Stone, State Attorney 3`
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1919 AUG 21 All I L~ 17
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