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DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. HARRIS

No. 2D01-1774.

813 So.2d 134 (2002)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Bradford HARRIS, Appellee.

District Court of Appeal of Florida, Second District.

March 8, 2002.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, Tallahassee, and Rhonda M. Diamond, Assistant General Counsel, Miami, for Appellant.

Eilam Isaak, Tampa, for Appellee.

PER CURIAM.

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 Harris'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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