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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. COCHRAN

No. 5D01-506.

798 So.2d 761 (2001)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Jeff A. COCHRAN, Respondent.

District Court of Appeal of Florida, Fifth District.

Opinion Granting Rehearing in Part October 26, 2001.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, Tallahassee, and Kathy A. Jimenez, Assistant General Counsel, Miami, for Petitioner.

Warren W. Lindsey of Kirkconnell, Lindsey and Snure, P.A., Winter Park, for Respondent.

SHARP, W., J.

Petitioner State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of the order of the circuit court, sitting in its appellate capacity, which quashed the suspension of Respondent Jeff Cochran's driver's license. We in turn quash the circuit court's order under review here because it departs from the essential requirements of law.

The facts in this case are not in dispute. On May 21, 2000, a police officer observed...

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