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STATE, DEPT. OF HIGHWAY SAFETY v. FREEMAN

No. 3D11-107.

63 So.3d 23 (2011)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Roy FREEMAN, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 1, 2011.

Attorney(s) appearing for the Case

Stephen D. Hurm , General Counsel, and Jason Helfant , Assistant General Counsel, Lake Worth, for petitioner.

Nelson T. Peña , Miami Lakes, for respondent.

Before GERSTEN, WELLS, and SALTER, JJ.

SALTER, J.

The Department of Highway Safety and Motor Vehicles (Department) petitions for a writ of certiorari regarding a circuit court decision vacating the administrative suspension of the respondent's driver's license following his refusal to consent to a breath test incident to his arrest for driving under the influence (DUI). We grant the writ, finding that the circuit court's reliance on an earlier circuit court decision regarding Florida's implied consent...

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