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DEPARTMENT OF HIGHWAY SAFETY v. RIGAU

No. 2D04-2854.

901 So.2d 339 (2005)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Michael RIGAU, Appellee.

District Court of Appeal of Florida, Second District.

May 4, 2005.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Judson W. Chapman, Assistant General Counsel, Tallahassee, for Appellant.

Roger V. Rigau of Rigau & Rigau, Tampa, for Appellee.

DAVIS, Judge.

The Department of Highway Safety and Motor Vehicles ("DHSMV") challenges the trial court's order sealing the record of the suspension of the driver's license of Michael Rigau. Because the trial court lacked authority to seal the record, we reverse.

Rigau was stopped for driving under the influence of alcohol and refused the breathalyzer test. Although the underlying DUI charge was dismissed, Rigau's driver's license was suspended for his failure...

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