DEPARTMENT OF HIGHWAY SAFETY v. McCLANE

No. 5D04-3168.

891 So.2d 596 (2004)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Jefferson McCLANE, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 26, 2005.


Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Lake Worth, for Petitioner.

Stuart I. Hyman of Stuart I. Hyman, P.A., Orlando, for Respondent.


ORFINGER, J.

Petitioner, State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of an order of the circuit court quashing the suspension of Jefferson McClane's driver's license following his arrest for driving with an unlawful blood alcohol level in violation of section 316.193, Florida Statutes (2002). For the following reasons, we grant the petition and quash the circuit court's order.

In the early morning hours of March...

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