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DEPARTMENT OF HIGHWAY SAFETY v. SPELLS

No. 86-204.

502 So.2d 19 (1986)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida Appellant, v. John SPELLS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearings Denied February 5, 1987.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel, and Suzanne G. Printy, Asst. Gen. Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for appellant.

John S. Burton, Plant City, for appellee.

FRANK, Judge.

The Department of Highway Safety and Motor Vehicles has appealed from an order granting declaratory relief to the plaintiff John Spells, and finding that the Department of Motor Vehicles had improperly revoked Spells' driver's license for a period of ten years. We reverse.

Spells was convicted for the offense of driving with an unlawful blood alcohol level (DUBAL) on two occasions in 1976 and 1977, in contravention of section 316.028, Florida...

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