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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. SNELSON

No. 01-3869.

817 So.2d 1045 (2002)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Matthew SNELSON, Respondent.

District Court of Appeal of Florida, Second District.

June 5, 2002.

Attorney(s) appearing for the Case

Kathy Jimenez, Miami, for Petitioner.

Mark T. Flaherty of Paderewski, Dannheisser & Sweeting, P.A., Sarasota, for Respondent.

CASANUEVA, Judge.

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks a writ of certiorari to the circuit court to quash an order that reinstated Matthew Snelson's driver's license privileges following an arrest for driving under the influence. Mr. Snelson's license had been suspended pursuant to section 322.2615(1)(a), Florida Statutes (2000), based on his refusal to submit to a breath test. Because the circuit court failed to apply the correct law...

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