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DEPT. OF HIGHWAY SAFETY v. BOESCH

No. 3D07-3145.

979 So.2d 1024 (2008)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. James BOESCH, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 2008.

Attorney(s) appearing for the Case

Judson Chapman, General Counsel, and Thomas C. Mielke, Assistant General Counsel, for petitioner.

Hal Schuhmacher, for respondent.

Before WELLS, ROTHENBERG, and SALTER, JJ.

SALTER, J.

The State of Florida, Department of Highway Safety and Motor Vehicles ("Department") petitions for a writ of certiorari regarding a Monroe County Circuit Court order issued in a driving under the influence ("DUI") case. The circuit court quashed an administrative hearing officer's suspension of the Respondent's driver's license after he refused a lawful breath test. We grant the writ and quash the circuit court order.

The respondent, James Boesch...

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