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Department of Highway Safety and Motor Vehicles v. Fiorenzo10/5/2001
Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity.
The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of the trial court's order granting a petition for a writ of certiorari and quashing the order which suspended Jennifer Fiorenzo's driver's license, following her arrest for driving under the influence of alcohol. The trial court's ruling was based upon its conclusion that DHSMV had failed to produce evidence demonstrating that the monthly maintenance testing performed on the intoxilyzer which was utilized on Fiorenzo was conducted with alcohol referenced solution from an approved source as required by rule 11D-8.0035 of Florida's Administrative Code. Consistent with our holding in Dep't of Highway Safety and Motor Vehicles v. Mowry, 26 Fla. L. Weekly D1773 (Fla. 5th DCA July 20, 2001), we grant the petition and quash the order rendered by the trial court.
Petition GRANTED, Order QUASHED, and Suspension REINSTATED.
THOMPSON, C.J., and HARRIS, J., concur.
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