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DEPT. OF HIGHWAY SAFETY v. ELIAS

No. 3D07-3347.

997 So.2d 1172 (2008)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Ovadia Roni ELIAS, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 2008.

Attorney(s) appearing for the Case

Robin Lotane, General Counsel, and Jason Helfant, Assistant General Counsel, for appellant.

Robert S. Reiff, for appellee.

Before RAMIREZ, WELLS, and LAGOA, JJ.

WELLS, Judge.

The Department of Highway Safety and Motor Vehicles appeals from an order requiring a department hearing officer to issue a subpoena in an administrative license suspension proceeding. Because the lower court lacked jurisdiction to take such action, we reverse.

On April 10, 2007, Ovadia Roni Elias was arrested for driving under the influence, having performed poorly on a field sobriety test and having...

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