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DEPT. OF HIGHWAY SAFETY v. RUSSELL

No. 5D01-947.

793 So.2d 1073 (2001)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Suzanne RUSSELL, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 12, 2001.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, Tallahassee, and Rhonda M. Diamond, Miami, and Heather Rose Cramer, West Palm Beach, Assistant General Counsel, for Petitioner.

Michael P. Murphy of Michael P. Murphy, P.A., Orlando, for Respondent.

ORFINGER, R.B., J.

Petitioner, State of Florida, Department of Highway Safety and Motor Vehicles (Department), seeks certiorari review of a circuit court order quashing the Department's suspension of Suzanne Russell's driver's license following her arrest for driving under the influence (DUI) in violation of section 316.193, Fla. Stat. (2000). We grant the petition and quash the circuit court's order.

On August 24, 2000, a deputy of the Seminole County Sheriff...

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