5D01-807 Dept. of Highway v. Mowry

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-807

Case Date: 07/16/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Case No. 5D01-807

CHRISTINA L. MOWRY, Respondent. / Opinion Filed July 20, 2001 Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity. Enoch J. Whitney, General Counsel, and Kathy A. Jimenez, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Miami, for Petitioner. Michael J. Snure of Kirkconnell, Lindsey and Snure, P.A., Winter Park, for Respondent. SAWAYA, J. The State of Florida, Department of Highway Safety and Motor Vehicles (the Department) seeks certiorari review of the circuit court's order granting a petition for writ of certiorari. That order quashed the Department's order which had suspended the driver's license of respondent Christina L. Mowry (Mowry) for six months based on her arrest for driving under the influence of alcohol (DUI). We grant the petition.

After Mowry was arrested for DUI, she agreed to submit to a breath test which revealed .143 and .137 grams of alcohol per 210 liters of breath, well above the statutory minimum of .08. See

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