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DEP'T OF HIGHWAY SAFETY AND MOTOR VEHICLES v. DEHART

No. 5D01-663.

799 So.2d 1079 (2001)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Kelley K. DEHART, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 15, 2001.

Attorney(s) appearing for the Case

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

Tad A. Yates of Kirkconnell, Lindsey & Snure, P.A., Winter Park, for Respondent.

PALMER, J.

The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of an order entered by the circuit court quashing the administrative suspension of Kelley Dehart's driver's license. Concluding that the circuit court's order departs from the essential requirements of law, we grant the petition and quash the order.

A deputy sheriff stopped Dehart's vehicle after observing that she was driving erratically. During...

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