Department of Highway Safety & Motor Vehicles v. Farr

The State of Florida Department of Highway Safety & Motor Vehicles (Department) seeks certiorari review of an order of the circuit court, sitting in its appellate capacity. The circuit court below granted a petition for writ of certiorari filed by Farr and overturned the Department’s suspension of his driver’s license. In so doing the circuit court relied on State v. Deines, No. 96-51 (Fla. 18th Cir.Ct. Sept. 29, 1999), which holds that the denial *551of two criminal defendants’ requests to speak to an attorney after they were arrested for DUI, and after they refused to submit to a breath test,…