DEPARTMENT OF SAFETY & MOTOR VEHICLES v. MARSHALL

No. 5D03-296.

848 So.2d 482 (2003)

DEPARTMENT OF SAFETY & MOTOR VEHICLES, Petitioner, v. Brenda L. MARSHALL, Respondent.

District Court of Appeal of Florida, Fifth District.

July 3, 2003.


Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for Petitioner.

John J. Bonaccorsy, Daytona Beach, for Respondent.


GRIFFIN, J.

Petitioner, the Department of Highway Safety and Motor Vehicles ["Department"], seeks certiorari review of a circuit court decision which quashed an administrative final order of driver's license suspension. We grant the writ.

In the final order of license suspension, the hearing officer found that on October 15, 2001, at 3:33 a.m., Corporal Dietrich of the South Daytona Police Department observed Brenda L. Marshall ["Marshall"] driving northbound...

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