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STATE, DEPT. OF HWY. SAF. AND MOTOR VEHICLES v. WHITLEY

No. 5D02-3640.

846 So.2d 1163 (2003)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Dustin WHITLEY, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 4, 2003.

Attorney(s) appearing for the Case

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

Eric A. Latinsky, Daytona Beach, for Respondent.

SAWAYA, J.

The State of Florida, Department of Highway Safety and Motor Vehicles, (the Department) seeks certiorari review of the order granting Dustin Whitley's petition for writ of certiorari that was rendered by the circuit court in its appellate capacity. In that order, the circuit court quashed the Department's final order suspending Whitley's driver's license based on his arrest for driving under the influence of alcohol (DUI). We grant the Department's petition...

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