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STATE DEPTMENT OF HIGHWAY SAFETY v. SHONYO

No. 94-04436.

659 So.2d 352 (1995)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Deborah S. SHONYO, Respondent.

District Court of Appeal of Florida, Second District.

May 31, 1995.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel and Jill Tavlin Swartz, and Kim Feigin, Asst. General Counsels, Miami, for petitioner.

Kerry E. Mack, Englewood, for respondent.

PER CURIAM.

The State Department of Highway Safety and Motor Vehicles seeks certiorari review of an order of the circuit court which overturned a hearing officer's determination upholding the suspension of Deborah S. Shonyo's driving privileges. We grant the petition and quash the lower court order.

At the formal hearing authorized by section 322.2615(6), Florida Statutes (1993), the hearing officer based the decision to uphold Shonyo's suspension on the probable...

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