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DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. McGILL

No. 92-3181.

616 So.2d 1212 (1993)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of Florida, Petitioner, v. Emmett Bruce McGILL, Respondent.

District Court of Appeal of Florida, Fifth District.

April 23, 1993.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Kim Feigin, Asst. General Counsel, Dept. of Highway Safety and Motor Vehicles, Miami, for petitioner.

William R. Northcutt, Indian Harbour Beach, for respondent.

GRIFFIN, Judge.

This case is before the court on a petition for writ of certiorari. On February 11, 1992, respondent, Emmett McGill ("McGill"), was stopped by an officer of the Satellite Beach Police Department for a traffic infraction and suspicion of driving under the influence. Based on facts not in issue in this proceeding, the officer ultimately issued an affidavit of refusal to submit to a breath, urine or blood test (hereinafter "refusal affidavit") and, pursuant...

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