STATE v. GARCIA

No. 3D05-2137.

935 So.2d 542 (2006)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Jose GARCIA, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 18, 2006.


Attorney(s) appearing for the Case

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

Hersch & Talisman and Richard Hersch, Miami, for respondent.

Before LEVY, SHEPHERD, and ROTHENBERG, JJ.


ROTHENBERG, Judge.

The State of Florida, Department of Highway Safety and Motor Vehicles ("Department"), seeks certiorari review of an order entered by the circuit court, appellate division, quashing the Department's administrative suspension of Jose Garcia's driver's license, following his arrest for driving under the influence of alcohol. As we conclude that the circuit court, acting in its appellate capacity, and applied the correct law, we deny the petition.<...

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