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STATE, DEPT. OF HIGHWAY SAFETY v. MAGGERT

No. 1D06-1081.

941 So.2d 431 (2006)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Philip Larry MAGGERT, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied November 15, 2006.

Attorney(s) appearing for the Case

Judson M. Chapman, Department of Highway Safety and Motor Vehicles General Counsel, and Enoch J. Whitney, contract counsel, Tallahassee, for Petitioner.

Susan Z. Cohen, Epstein & Robbins P.A., Jacksonville, for Respondent.

PER CURIAM.

The petition for writ of certiorari is GRANTED, and the final order QUASHED. See Dep't of Highway Safety & Motor Vehicles v. Utley, 930 So.2d 698 (Fla. 1st DCA 2006) (Hawkes, J., concurring). The arrest report indicates that Officer D. Fucci of the Jacksonville Sheriff's Office was flagged down by a motorist while the officer was conducting stationary speed enforcement. The motorist proceeded to advise Officer...

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