# Brown v. State

> Circuit Court for the Judicial Circuits of Florida · March 28, 1989 · 33 Fla. Supp. 2d 130

URL: https://www.frixlaw.com/law-library/cases/4884919

## Case

- **Full name:** BROWN v. STATE OF FLORIDA
- **Court:** Circuit Court for the Judicial Circuits of Florida
- **Decided:** March 28, 1989
- **Citations:** 33 Fla. Supp. 2d 130
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** McNeal, Peterson, Tombrink
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4884919

## Opinion text

OPINION OF THE COURT
PER CURIAM.
AFFIRMED. The trial judge correctly instructed the jury regarding defendant’s refusal to submit to an approved breath test that:
When a person is suspected of committing the offense of driving or operating a motor vehicle while under the influence of alcoholic beverages to the extent his normal faculties are impaired and refuses to take an approved chemical test, such a fact may be shown in evidence as a circumstances from which guilt may be inferred.
Now, while evidence of refusal to take a chemical test does not raise *131 a presumption of guilty, it is a circumstances which the jury may consider along with all the other evidence and circumstances in this case.
See Fla. Stat. 316.1932(l)(a) (1987), South Dakota v Neville, 459 U.S. 553 , 103 S.Ct. 916 , 74 L.Ed.2d 748 (1983), Minor v Williams, 640 F.Supp. 360 (M.D. Tenn 1985).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4884919. Public record. Not legal advice.