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DEPARTMENT OF HIGHWAY SAFETY v. CURRIER

No. 1D02-42.

824 So.2d 966 (2002)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Candace CURRIER, Respondent.

District Court of Appeal of Florida, First District.

August 20, 2002.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Petitioner.

No appearance for Respondent.

ERVIN, J.

The Department of Highway Safety and Motor Vehicles seeks common law certiorari review of the circuit court's order granting a writ of certiorari to respondent Candace Currier and reinstating her driver's license, which had been suspended after she refused to take a breath test following arrest for driving under the influence. Because we conclude that the circuit court failed to apply the correct law with respect to its review of the suspension order issued...

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