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DEPT. OF HIGHWAY SAFETY v. ROSE

No. 2D12-636.

105 So.3d 22 (2012)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. James ROSE, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 12, 2012.

Attorney(s) appearing for the Case

Stephen D. Hurm , General Counsel, and Richard M. Coln , Assistant General Counsel, Orlando, for Petitioner.

Eilam Isaak , Tampa, for Respondent.

MORRIS, Judge.

The Department of Highway Safety and Motor Vehicles (the Department) seeks certiorari review of a circuit court order quashing the Department's order affirming James Rose's driver's license suspension. The Department raises several arguments, but we find merit in only one. Accordingly, we grant the petition and quash the circuit court's order.

Rose was arrested for DUI and refused to submit to a breath test. His license was suspended pursuant...

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