State, Department of Highway Safety & Motor Vehicles v. Tremmel

CAMPBELL, Acting Chief Judge.

Appellant, State of Florida, Department of Highway Safety and Motor Vehicles (the Department), appeals the final order granting a writ of mandamus requiring the Department to treat appellee, James H. Tremmel (Trem-mel), as an individual with a ten-year revocation of his driving privilege rather than as an individual with a permanent revocation. The permanent revocation was imposed pursuant to section 322.28, Florida Statutes (1981), for Tremmel’s fourth conviction of driving while under the influence of an alcoholic beverage (DUI). We reverse.

After Tremmel was…