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DEPARTMENT OF HIGHWAY SAFETY v. KURDZIEL

No. 2D04-4987.

908 So.2d 607 (2005)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. James P. KURDZIEL, Respondent.

District Court of Appeal of Florida, Second District.

August 19, 2005.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Carlos J. Raurell, Assistant General Counsel, Miami, for Petitioner.

No appearance for James P. Kurdziel.

NORTHCUTT, Judge.

In this certiorari proceeding the Department of Highway Safety and Motor Vehicles petitions us to review a circuit court order that set aside the Department's suspension of James Kurdziel's driver's license. We grant the petition and quash the order because the circuit court reached its decision after improperly reweighing the evidence.

Officer Kay of the New Port Richey Police Department conducted a traffic stop after observing an H2 Hummer...

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