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DHSMV v. ALLISTON

No. 2D01-852.

813 So.2d 141 (2002)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. John R. ALLISTON, Respondent.

District Court of Appeal of Florida, Second District.

March 13, 2002.

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, Miami, for petitioner.

Eilam Isaak, Tampa, for respondent.

ALTENBERND, Judge.

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

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