STATE, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. SARMIENTO

No. 4D08-1632.

989 So.2d 692 (2008)

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

District Court of Appeal of Florida, Fourth District.

August 6, 2008.


Attorney(s) appearing for the Case

Robin F. Lotane, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for petitioner.

John H. Lipinski, Pembroke Pines, for respondent.


STEVENSON, J.

We deny this second-tier certiorari petition filed by the Department of Highway Safety and Motor Vehicles (DHSMV). DHSMV challenges a final circuit court order granting certiorari in favor of respondent, Jose Sarmiento, and quashing the order of the DHSMV that had affirmed the suspension of Sarmiento's driver's license for refusal to submit to a breath test. We find that the circuit court correctly applied the competent substantial evidence standard...

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