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DEPARTMENT OF HIGHWAY SAFETY v. DEAN

No. 95-975.

662 So.2d 371 (1995)

DEPARTMENT OF HIGHWAY SAFETY, etc., Petitioner, v. Michael DEAN, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 2, 1995.

Attorney(s) appearing for the Case

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

Flem K. Whited, III, and Barbara C. Davis, Daytona Beach, for respondent.

GRIFFIN, Judge.

The state seeks certiorari review of a decision of the lower court sitting in its appellate capacity, pursuant to section 322.2615(13), Florida Statutes (1993). The lower court granted respondent, Michael Dean's ["Dean"], petition for writ of certiorari to quash an order of a hearing officer of the Division of Motor Vehicles confirming the suspension of Dean's driver's license for refusal to submit to a breathalyzer. Dean had testified at the hearing...

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