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DHSMV v. SEXTON

No. 2D01-1491.

813 So.2d 961 (2002)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Dennis SEXTON, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 1, 2002.

Attorney(s) appearing for the Case

Enoch J. Whitney and Rhonda M. Diamond of Department of Highway Safety and Motor Vehicles, Miami, for Petitioner.

Eilam Isaak, Tampa, for Respondent.

WHATLEY, Judge.

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review of a circuit court order granting certiorari and quashing an order of the DHSMV. The order of the DHSMV suspended Dennis Sexton's driver's license based on his arrest for driving under the influence of alcohol. The circuit court quashed the order of the DHSMV because it concluded that the DHSMV failed to present substantial, competent evidence that the breath test administered...

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