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DEPT. OF HWY. SAFETY v. STEWART

Nos. 93-837, 93-839.

625 So.2d 123 (1993)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of Florida, Petitioner, v. Charles STEWART, Respondent. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of Florida, Petitioner, v. Robert Henry, Respondent.

District Court of Appeal of Florida, Fifth District.

October 15, 1993.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel, and Kim Feigin and Heather Rose Cramer, Asst. Gen. Counsel, Miami, for petitioner.

Stuart I. Hyman, NeJame & Hyman, P.A., Orlando, for respondents, Charles Stewart and Robert Henry.

GRIFFIN, Judge.

In these consolidated cases, both respondents were charged with driving under the influence of alcohol. Both refused to take a blood alcohol test and their drivers' licenses were suspended as a consequence. Upon formal review of the suspensions, a hearing officer determined that sufficient evidence existed to sustain the suspensions. Both respondents filed petitions for writs of certiorari, which were granted by the circuit court. The State of Florida...

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