DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. SWEGHEIMER

No. 5D03-10.

847 So.2d 545 (2003)

DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES, Petitioner, v. James SWEGHEIMER, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 16, 2003.


Attorney(s) appearing for the Case

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

Stuart I. Hyman of Stuart I. Hyman, P.A., Orlando, for Respondent.


PLEUS, J.

The State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of the circuit court's decision quashing the suspension of respondent James Swegheimer's driver's license for refusal to submit to a breath, blood or urine test. Our review of the decision of the circuit court sitting in its appellate capacity is limited to whether the circuit court afforded procedural due process and applied the correct law. See Dusseau v....

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