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HINMAN v. DEPARTMENT OF HIGHWAY SAFETY

No. 5D00-3647.

820 So.2d 315 (2001)

Richard HINMAN, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY and Motor Vehicles, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 20, 2001.

Attorney(s) appearing for the Case

Gregory W. Eisenmenger, Robert R. Berry and Ashley M. Ferrell, of Eisenmenger & Berry, P.A., Melbourne, for Petitioner.

Enoch J. Whitney, General Counsel, and Kathy A. Jimenez, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Miami, for Respondent.

SHARP, W., J.

Hinman seeks certiorari review of a circuit court's denial of his petition for writ of certiorari to quash the suspension of his driving privileges by the Department of Highway Safety and Motor Vehicles ("Department"). He argues that the circuit court departed from basic constitutional principles of law because its ruling put him in the position of having to choose between testifying at his license suspension hearing and his right to remain silent in...

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