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DEPT. OF HIGHWAY SAFETY v. TIDEY

No. 4D06-122.

946 So.2d 1223 (2007)

STATE of FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant/cross-appellee, v. Craig Garrett TIDEY, Appellee/cross-appellant.

District Court of Appeal of Florida, Fourth District.

January 3, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Christopher M. Kise, Solicitor General, and James A. McKee, Deputy Solicitor General, Tallahassee, for appellant.

Samuel S. Fields and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.

STONE, J.

We reverse a judgment granting a petition for writ of prohibition.

Three days after Tidey refused to take a breath test upon his arrest for DUI, his attorney sent a letter to the Bureau of Administration Review, a division of the department, requesting a formal review hearing and requesting recusal of all department employees from presiding as a hearing officer. The request for recusal was based on Tidey's allegation of fear that the department's...

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