SEE DAWSON
v.
DEP
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Petitioner Yagci appealed the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for one year based on a prior New York conviction for Driving While Impaired by Alcohol (DWAI). The court affirmed the suspension was proper under Florida law but ordered the Department to correct his driving record to accurately reflect the nature of the offense.
The Department properly suspended Petitioner's license for one year pursuant to § 322.24, Florida Statutes, based on the New York DWAI conviction. However, the Department must correct the Florida Transcript of Driver Record to read 'Driving While Impaired by Alcohol' instead of 'Driving Under the Influence.'
[1] An administrative agency may suspend a driver's license based on out-of-state convictions for offenses equivalent to state traffic violations.
[2] An administrative agency must accurately record the nature of a traffic offense on a driver's record, even if the underlying conviction is valid.
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“The Department acted properly in revoking Petitioner's Florida driver's license for a period of one year in accordance with section 322.24, Florida Statutes based upon Petitioner's prior conviction in New York for the offense of Driving While Impaired by Alcohol (DWAI)”
Establishes that the Department's suspension was legally proper under applicable Florida law
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYagci had a prior conviction in New York for DWAI (violation of New York Vehicle and Traffic Law § 1192(1)). The Florida Department suspended his driv…
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from the Florida Department of Highway Safety and Motor Vehicles.
Neal T. McShane, Esq., for Petitioner. Kimberly A. Gibbs, Assistant General Counsel, for Respondent.
Before POWELL, O’KANE, and ARNOLD, J.J.
FINAL ORDER ON PETITION FOR WRIT OF CERTIORARI
Petitioner Yagci appeals by way of petition for writ of certiorari the Department of Highway Safety and Motor Vehicle’s order suspending his driver’s license for a period of one year. We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. The Department acted properly in revoking Petitioner’s Florida driver’s license for a period of one year in accordance with section 322.24, Florida Statutes based upon Petitioner’s prior conviction in New York for the offense of Driving While Impaired by Alcohol (DWAI), a violation of New York Vehicle and Traffic Law, section 1192(1). See Dawson v. Dep’t of Highway Safety & Motor Vehicles, 19 So. 3d 1001 (Fla. 4th DCA 2009). However, the 2 of 2 Department should correct Petitioner’s Florida Transcript of Driver Record to read “Driving While Impaired by Alcohol” instead of “Driving Under the Influence.”
Petitioner has a letter from his New York attorney stating that his DWAI conviction in New York is not a misdemeanor crime under New York law. But the attorney does not say it is a civil traffic infraction, which is the only thing it can be. Perhaps a revised letter to that effect from his New York attorney would be helpful to him when he applies for school or employment.
Petitioner’s Petition for Writ of Certiorari is granted only with directions to the Department to correct his Florida Transcript of Driver Record, otherwise denied and case remanded.
PETITION GRANTED IN PART, DENIED IN PART and REMANDED with directions.
DONE AND ORDERED at Orlando, Florida this __9th___ day of _February___, 2012.
_/S/________________________
ROM W. POWELL Senior Judge
/S/
_/S/_________________________ JULIE H. O’KANE C. JEFFERY ARNOLD
Circuit Judge Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished on this 9th day of February, 2012, to the following: Neal T. McShane, Esq., 836 N. Highland Avenue, Orlando Florida 32803; and Kimberly A. Gibbs, Assistant General Counsel, P.O. Box 570066, Orlando, Florida 32857.
__/S/_______________________________
Judicial Assistant