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STATE, DEPT. OF HIGHWAY SAFETY v. TARMAN

No. 3D05-744.

917 So.2d 899 (2005)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. David Wayne TARMAN, Appellee.

District Court of Appeal of Florida, Third District.

October 19, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Charles M. Fahlbusch, Assistant Attorney General, for appellant.

Dray Cabrera & Zacca and Deric Zacca, Miami, for appellee.

Before LEVY, GERSTEN and ROTHENBERG, JJ.

PER CURIAM.

The Department of Highway Safety and Motor Vehicles ("Department"), appeals the trial court's order dismissing its complaint for probable cause. We reverse.

On November 28, 2004, a highway patrol officer stopped David Tarman ("Tarman"), for speeding and cutting off another vehicle. Upon questioning, Tarman admitted he had consumed several alcoholic drinks and smoked marijuana earlier in the evening. The officer arrested Tarman after he failed road...

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