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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR SAINT LUCIE-COUNTY, -
~~~'~'~?a3 FLORIDA .
CASE N0. 78-566 CA
JEANNETTE DEBERRY, )
Appellant, )
v. ) ORDER AND OPINION ON APPEAL
STATE OF FLORIDA, )
Appellee. )
Appellant, charged with a violation of Fl. 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 3urisdiction of the County
Court and, in fact, cannot be prosecuted in any court.
The argument is ingenious and is based upon a reading of_the .
various amendments to a number of statutes at the time the Legis-
lature decriminalized most traffic offenses.
Although not directly in point, the Supreme Court in Nettleton
Ii v. Doughtie, X57,122, filed July 17, 1979, and reported in 29 F1.L.
W. 370, rejected a similar argument regarding traffic infractions.
The reasoning of the NPrrlPron 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
always been tried.
For the foregoing reasons, the Judgement below is affirmed..
DONE this August 20, 1979. .
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Copies furnished:
Hon . Wi 11 iam -G . Tye 453 -
L. A. O'Laughlin, Jr., Esquire
Robert E. Stone, State Attorney
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