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STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. POSSATI

No. 3D03-840.

866 So.2d 737 (2004)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, Petitioner, v. Alessandro Marci POSSATI, Respondent.

District Court of Appeal of Florida, Third District.

February 11, 2004.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Rhonda F. Goodman, and Carlos J. Raurell, Assistant General Counsels, for petitioner.

Robert S. Reiff, Miami, for respondent.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

ON MOTION FOR REHEARING AND CLARIFICATION

PER CURIAM.

This cause comes before us on the Department of Highway Safety and Motor Vehicles' ("DHSMV"), motion for rehearing and clarification of our denial of a petition for writ of certiorari. DHSMV's petition sought to quash a decision of the circuit court, sitting in its appellate capacity, which reinstated the respondent's driver's license after he refused to take the breathalyzer test. Because we find...

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