Opinion
No. 5D01-2822.
February 15, 2002.
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity.
Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Petitioner.
Stuart I. Hyman of Stuart I. Hyman, P.A., Orlando, for Respondent.
ON MOTIONS FOR REHEARING AND CERTIFICATION
DENIED.
THOMPSON, C.J., and GRIFFIN, J., concur.
PLEUS, J., dissenting, with opinion.
I respectfully dissent. I would deny the motion for rehearing, but grant the motion for certification and certify to the Supreme Court of Florida a question of great public importance on the following issue:
IS THERE A CONSTITUTIONAL RIGHT TO CONSULT WITH COUNSEL AFTER REFUSING TO SUBMIT TO A BREATH TEST?