MOTOR VEHICLES
v.
SWEGHEIMER
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The Ninth Judicial Circuit Court denied Michael Thomas's petition for certiorari review challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license. The court affirmed that the arresting officer lawfully transported the petitioner for DUI testing and that the hearing officer properly admitted evidence of his test refusal.
The court held that Officer Schellhorn was acting within his lawful jurisdiction when he arrested the petitioner in Orlando and transported him to the Orange County testing facility, that the hearing officer correctly refused to exclude evidence of the petitioner's refusal to take the breath test, and that the implied consent warning offering breath, urine, or blood test alternatives was proper.
[1] A law enforcement officer may lawfully arrest a suspect within their jurisdiction and transport them to a facility outside that jurisdiction to continue an investigation.
[2] A hearing officer may refuse to exclude evidence of a refusal to take a breath test in license suspension proceedings.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Officer Schellhorn of the Orlando Police Department was acting within his lawful jurisdiction when he arrested Petitioner within the limits of the City of Orlando and transported Petitioner to the Orange County testing facility outside the limits of the City of Orlando to continue his DUI investigation.”
Establishes that the officer's transportation of the arrestee across jurisdictional lines for testing was lawful.
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Join FLexlaw to unlock all legal intelligenceOfficer Schellhorn of the Orlando Police Department arrested Petitioner Michael Thomas within the City of Orlando and transported him to an Orange Cou…
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Before POWELL, KOMANSKI, LEBLANC, J.J.
PER CURIAM.
FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI
Petitioner Michael Thomas timely filed this petition seeking certiorari review of the Florida Department of Highway Safety and Motor Vehicles’ (Department) Final Order of License Suspension, sustaining the suspension of his driver’s license pursuant to section 322.2615, Florida Statutes. This Court has jurisdiction pursuant to section 322.2615, Florida Statutes, and Florida Rule of Appellate Procedure 9.030(c)(1)(C). We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. We find and conclude that Officer Schellhorn of the Orlando Police Department was acting within his lawful jurisdiction when he arrested Petitioner within the limits of the City of Orlando and transported Petitioner to the Orange County testing facility outside the limits of the City of Orlando to continue his DUI investigation. We also find that the hearing officer was correct when she refused to exclude evidence of Petitioner’s refusal to take the breath test. See Dep’t of Highway Safety & Motor Vehicles v. Swegheimer, 847 So. 2d 545 (Fla. 5th DCA 2003).
Further, the implied consent warning read to Petitioner, which gave him the alternatives of taking a breath test, a urine test or a blood test, was proper. See Dep’t of Highway Safety & Motor Vehicles v. Nader, 4 So. 3d 705 (Fla. 2d DCA 2009. Accordingly, it is hereby ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is DENIED. DONE AND ORDERED at Orlando, Florida this __11___day _____February_______,
2010.
________/S/___________________
ROM W. POWELL Senior Judge
_______/S/_____________________ ________/S/ ___________________ WALTER KOMANSKI
BOB LEBLANC Circuit Judge
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished via U.S. mail on this 12 day of February , 2010, to the following: Michael J. Snure, Esquire, 1150 Louisiana Avenue, Suite 1, Winter Park, Florida 32790 and Jason Helfant, Assistant General Counsel, DHSMV-Legal Office, Post Office Box 540609, Lake Worth, Florida 33454-0609.
/S/
Judicial Assistant
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Nader, 4 So. 3d 705 (Fla. 2d DCA 2009)
- Dept. OF Hwy. Safety & Motor Vehicles v. Swegheimer, 847 So. 2d 545 (Fla. 5th DCA 2003)