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STATE, DEPT. OF HIGHWAY SAFETY v. WEJEBE

No. 3D06-2334.

954 So.2d 1245 (2007)

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

District Court of Appeal of Florida, Third District.

April 25, 2007.

Attorney(s) appearing for the Case

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

Hersch and Talisman and Richard Hersch, Coconut Grove, for respondent.

Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.

CORTIÑAS, Judge.

The Department of Highway Safety and Motor Vehicles seeks second-tier certiorari review to determine whether the circuit court, sitting in an appellate capacity, properly quashed a Department of Highway Safety and Motor Vehicles' administrative order suspending Jose Wejebe's driver's license under section 322.2615, Florida Statutes (2005).

On October 14, 2005, Jose Wejebe was pulled over around 11:00 p.m. after a police officer observed...

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