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STATE, DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. BERRY

Nos. 92-03823, 92-03824.

619 So.2d 976 (1993)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Robert John Berry and Edward Farrell McGee, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 17, 1993.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel, Kim Feigin, and Rafael E. Madrigal, Asst. Gen. Counsel, Miami, for petitioner.

Kerry E. Mack of Kerry E. Mack, P.A., Englewood, for respondents.

ALTENBERND, Judge.

The State of Florida, Department of Highway Safety and Motor Vehicles (the Department) seeks certiorari review of two circuit court orders. The orders reinstate the driving privileges of Robert Berry and Edward McGee, each of whom refused to submit to a breath, blood, or urine test in conjunction with a lawful DUI arrest. We grant the petitions and reverse these orders because the circuit court did not apply the correct law.

The operative...

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