DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
DENNIS SEXTON, RESPONDENT
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WHATLEY, Judge.
The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review of a circuit court order granting certiorari and quashing an order of the DHSMV. The order of the DHSMV suspended Dennis Sexton’s driver’s license based on his arrest for driving under the influence of alcohol. The circuit court quashed the order of the DHSMV because it concluded that the DHSMV failed to present substantial, competent evidence that the breath test administered to Sexton was performed in substantial compliance with the applicable administrative rules. In accordance with the nearly identical case of Department of Highway Safety & Motor Vehicles v. Alliston, No. 2D01-852 (Fla. 2d DCA Jan.18, 2002), we conclude that the circuit court departed from the essential requirements of law because, as a matter of law, the breath test results were admissible in evidence before the administrative hearing officer and were presumptive proof of impairment.
Accordingly, we quash the order granting Sexton’s petition for certiorari and remand for proceedings consistent with this opinion.
FULMER and STRINGER, JJ, Concur.
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Dep't of Hwy. Safety & Motor Vehicles v. Bradford Harris, 813 So. 2d 134 (Fla. 2d DCA 2002)…l compliance with the applicable administrative rules. In accordance with the nearly identical cases of Department of Highway Safety and Motor Vehicles v. Alliston, 813 So. 2d 141 and Department of Highway Safety and Motor [*135] Vehicles v. Sexton, 813 So. 2d 961 (Fla. 2d DCA 2002), we conclude that the circuit court departed from the essential requirements of law because, as a matter of law, the breath test results were admissible in evidence before the administrative hearing officer and were presumptive pr…
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Dep't of Hwy. Safety & Motor Vehicles v. Morgan, 813 So. 2d 139 (Fla. 2d DCA 2002)…PER CURIAM. Based upon the cases of Department of Highway Safety and Motor Vehicles v. Alliston, 813 So. 2d 141 (Fla. 2d DCA 2002), and Department of Highway Safety and Motor Vehicles v. Sexton, 813 So. 2d 961 (Fla. 2d DCA 2002), in which the facts and legal issues are nearly identical, we quash the order granting Morgan’s petition for certiorari and remand for further proceedings. FULMER, SALCINES, and SILBERMAN, JJ., concur.…
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Dep't of Hwy. Safety & Motor Vehicles v. Profis, 813 So. 2d 185 (Fla. 2d DCA 2002)…V failed to prove that the breath test administered to Profis was performed in substantial compliance with the applicable administrative rules. In accordance with the nearly identical cases of Department of Highway Safety & Motor Vehicles v. Sexton, 813 So. 2d 961 (Fla. 2d DCA 2002), and Department of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141 (Fla. 2d DCA, 2002), we conclude that the circuit court departed from the essential requirements of law in determining that the DHSMV failed to present…