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SCHWARTZ v. STATE, DEPT. OF HIGHWAY SAFETY

No. 3D05-876.

920 So.2d 664 (2005)

Adam SCHWARTZ, Petitioner, v. STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent.

District Court of Appeal of Florida, Third District.

December 21, 2005.

Attorney(s) appearing for the Case

Parks and Braxton and Michael Braxton, for petitioner.

Enoch J. Whitney, General Counsel, and Jason Helfant, Assistant General Counsel for the Department of Highway Safety and Motor Vehicles, for respondent.

Before LEVY, GREEN, and WELLS, JJ.

WELLS, Judge.

Petitioner, Adam Schwartz, seeks certiorari review of an order from the Appellate Division of the Circuit Court refusing to quash an administrative order revoking Schwartz' driver's license. We deny certiorari. We do observe, however, that the portion of the Circuit Court's opinion holding that an administrative hearing officer has no authority to determine the validity of a traffic stop leading up to a DUI arrest is incorrect. See City of Miami v...

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