DEPT. OF HIGHWAY SAFETY v. CLARK

No. 4D07-848.

974 So.2d 416 (2007)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Elizabeth CLARK, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 5, 2007.


Attorney(s) appearing for the Case

Thomas C. Mielke, Miami, for petitioner.

Michael A. Catalano of Michael A. Catalano, P.A., Miami, for respondent.


KLEIN, J.

Clark's driver's license was suspended as a result of her refusal to submit to a breath test after a traffic accident which occurred in October, 2005. Clark challenged the suspension on the ground that the officer did not properly read her the statutory implied consent warnings; however, the administrative hearing officer concluded that her license was properly suspended. Clark then sought review in circuit court, which reversed her license suspension, and...

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