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DEPARTMENT OF HIGHWAY SAFETY v. DEGROOT

No. 2D07-162.

971 So.2d 237 (2008)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Jeffrey DeGROOT, Respondent.

District Court of Appeal of Florida, Second District.

January 4, 2008.

Attorney(s) appearing for the Case

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

Bruce H. Denson of Bruce H. Denson, P.A., St. Petersburg, for Respondent.

SALCINES, Judge.

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks second-tier certiorari review of the circuit court order which granted a petition for writ of certiorari. The circuit court acting in its appellate capacity overturned the suspension of Jeffrey DeGroot's driver's license privileges following an arrest for driving under the influence of alcohol. We conclude that the circuit court committed a legal error which violated a clearly established...

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