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DEPARTMENT OF HIGHWAY SAFETY v. STENMARK

No. 2D06-2263.

941 So.2d 1247 (2006)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Deborah STENMARK, Respondent.

District Court of Appeal of Florida, Second District.

November 17, 2006.

Attorney(s) appearing for the Case

Judson Chapman, General Counsel, and Jason Helfant, Assistant General Counsel, Department of Highway Safety & Motor Vehicles, Miami, for Petitioner.

Scot E. Samis and Jennifer J. Card of Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster, L.L.P., St. Petersburg, for Respondent.

NORTHCUTT, Judge.

The Department of Highway Safety & Motor Vehicles seeks second-tier certiorari review of a circuit court decision that quashed the suspension of Deborah Stenmark's driver's license. We grant the petition.

Stenmark was stopped and ultimately arrested for driving under the influence. She requested a formal review of the Department's suspension of her driver's license. See § 322.2615, Fla. Stat. (2004). At the hearing, Stenmark...

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