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FLORIDA DEPT. OF HIGHWAY v. HERNANDEZ

Nos. SC08-2330, SC08-2394.

74 So.3d 1070 (2011)

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. William HERNANDEZ, Respondent. Florida Department of Highway Safety and Motor Vehicles, Petitioner, v. George McLaughlin, Respondent.

Supreme Court of Florida.

As Revised on Denial of Rehearing November 10, 2011.

Attorney(s) appearing for the Case

Robin F. Lotane , General Counsel, Department of Highway Safety and Motor Vehicles and Douglas D. Sunshine , Assistant General Counsel, Tallahassee, FL, and Heather Rose Cramer , Assistant General Counsel, Lake Worth, FL, for Petitioner.

Susan Z. Cohen and David M. Robbins , Jacksonville, FL, for Respondent.

Tony C. Dodds , Lakeland, FL, for Respondent.

Michael Ufferman , Chair, Florida Association of Criminal Defense Lawyers, Tallahassee, FL, as Amicus Curiae.

PER CURIAM.

The issue we address is whether an individual's driver's license can be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under section 322.2615, Florida Statutes (2006),1 for the refusal to submit to a test of his or her breath-alcohol level where the refusal is not incident to a lawful arrest and, if not, whether the hearing officer has authority to review whether the refusal was incident to...

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