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DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. FIORENZO

No. 5D01-822.

795 So.2d 1128 (2001)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Jennifer A. FIORENZO, Respondent.

District Court of Appeal of Florida, Fifth District.

October 5, 2001.

Attorney(s) appearing for the Case

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

Michael J. Snure 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 the trial court's order granting a petition for a writ of certiorari and quashing the order which suspended Jennifer Fiorenzo's driver's license, following her arrest for driving under the influence of alcohol. The trial court's ruling was based upon its conclusion that DHSMV had failed to produce evidence demonstrating that the monthly maintenance...

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