Opinion
No. 84-1078.
December 11, 1984. Rehearing Denied February 6, 1985.
Appeal from Circuit Court, Dade County; George Orr, Judge.
Sneed Messer, P.A. and Roger N. Messer, Fort Pierce, for appellants.
Dewey H. Varner, Lake Worth, for appellees.
Before HUBBART, BASKIN and FERGUSON, JJ.
We reverse upon a finding that although the evidence regarding the alcohol intake and blood alcohol level of Ellis, a passenger in an automobile at the time of an accident, was marginally relevant on the issue of credibility, it was inadmissible at trial because the danger of unfair prejudice substantially outweighed the probative value of the evidence. § 90.403, Fla. Stat. (1981).
Reversed and remanded for a new trial.