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DHSMV v. PELHAM

No. 5D07-2737.

979 So.2d 304 (2008)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Jesse C. PELHAM, Respondent.

District Court of Appeal of Florida, Fifth District.

March 14, 2008.

Attorney(s) appearing for the Case

Judson M. Chapman and Heather Rose Cramer, Lake Worth, for Petitioner.

Eric A. Latinsky, Daytona Beach, for Respondent.

TORPY, J.

After Respondent's driver's license was suspended for refusal to take a breath test, he sought formal review before a Department of Highway Safety and Motor Vehicles (DHSMV) hearing officer. Respondent contended that the suspension should be invalidated because the detention preceding his arrest had been unlawful. The hearing officer refused to consider the lawfulness of Respondent's arrest, concluding that recent amendments to the statutory review procedure...

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