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STATE, DEPT. OF HIGHWAY SAFETY v. PIPKIN

No. 3D04-2317.

927 So.2d 901 (2005)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Richard PIPKIN, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied May 17, 2006.

Attorney(s) appearing for the Case

Enoch J. Whitney and Carlos Raurell, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, for petitioner.

Robert S. Reiff, Miami, for respondent.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied May 17, 2006.

SHEPHERD, J.

The petitioner, State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of a circuit court appellate division decision reinstating respondent, Richard Pipkin's driver's license, which had been suspended for his refusal to submit to a breath-alcohol test. Our decision turns on whether or not Pipkin was lawfully stopped...

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