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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. MAFFETT

No. 2D08-984.

1 So.3d 1286 (2009)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Charles MAFFETT, Respondent.

District Court of Appeal of Florida, Second District.

February 20, 2009.

Attorney(s) appearing for the Case

Robin Lotane, General Counsel, Tallahassee, and Jason Helfant, Assistant General Counsel, Miami, for Petitioner.

Eilam Isaak, Tampa, for Respondent.

ALTENBERND, Judge.

The Department of Highway Safety and Motor Vehicles seeks certiorari review of a circuit court order granting Charles Maffett's petition for certiorari and quashing an order suspending Mr. Maffett's license for driving with an unlawful breath-alcohol level. The circuit court granted certiorari because, during the formal administrative review, the Department refused to issue a subpoena to the agency inspector responsible for maintaining the breath...

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