DRIVER LICENSES
v.
POSSATI
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Philip Page petitioned for a writ of certiorari challenging a hearing officer's order suspending his driver's license following a DUI investigation. The Ninth Judicial Circuit Court affirmed the suspension, finding substantial competent evidence that the traffic stop was lawful, the investigative detention was reasonable, and the arrest was supported by probable cause.
The court concluded that there was substantial competent evidence supporting the hearing officer's findings that the stop was lawful, the investigative detention was reasonable, and the arrest was based on sufficient probable cause. Consequently, the Petition for Writ of Certiorari was denied.
[1] Driving without headlights at night constitutes reasonable suspicion for a traffic stop.
[2] Indicia of alcohol impairment, such as dangerous driving, red and glassy eyes, and odor of alcohol, provide reasonable suspicion to detain a driver for a DUI investigatio…
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Join FLexlaw to unlock all legal intelligence“Given the indicia of alcohol impairment which she observed – (1) the dangerous driving without headlights at approximately 3:19 a.m.; (2) his red, glassy eyes; (3) a strong odor of alcohol emanating from his breath – she had reasonable suspicion to detain him for a DUI investigation.”
Establishes the officer's reasonable suspicion to stop and detain the petitioner based on multiple factors observed during the traffic stop
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer Van Hook observed Philip Page driving without headlights on at approximately 3:19 a.m. into the City of Maitland. Upon stopping him, the offic…
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Before POWELL, J. RODRIGUEZ, and G. ADAMS, J.J.
PER CURIAM.
FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI
Petitioner Philip Page appeals by way of Petition for Writ of Certiorari the final order of a hearing officer suspending his driver’s license after formal hearing. We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320, and deny his petition.
After a careful review of the transcript of the hearing and the sworn arrest report, we find that the testimony of Maitland Officer Van Hook established that she followed Petitioner who 2 of 3 was driving without his headlights on into the City of Maitland where she turned on her flashing lights, stopped Petitioner and issued him a traffic citation. His headlights were still off at the time he pulled over and halted his vehicle within the City limits. Given the indicia of alcohol impairment which she observed – (1) the dangerous driving without headlights at approximately 3:19 a.m.; (2) his red, glassy eyes; (3) a strong odor of alcohol emanating from his breath – she had reasonable suspicion to detain him for a DUI investigation. While speaking with him, she noticed that Petitioner occasionally stammered and was unable to recall where he had been earlier that evening. He refused to perform field sobriety exercises. She then placed him under arrest for DUI.
Based on the foregoing, we conclude there was substantial competent evidence to support the hearing officer’s finding that the stop was lawful, the investigative detention was reasonable, and the arrest was based on sufficient probable cause. See State, Dept. of Highway Safety & Motor Vehicles, Div. of Driver Licenses v. Possati, 866 So. 2d 737 (Fla. 3d DCA 2004); Boston v. Dept. of Highway Safety & Motor Vehicles, Div. of Driver Licenses, 12 Fla. L. Weekly 1109a (Fla. 4th Cir.Ct. Sept. 27, 2005).
Consequently, the Petition for Writ of Certiorari is DENIED.
DONE AND ORDERED at Orlando, Florida this 14th day of March, 2013.
/S/
ROM W. POWELL Senior Judge
/S/
/S/
JOSE R. RODRIGUEZ GAIL A. ADAMS Circuit Judge Circuit Judge 3 of 3 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished on this 14th day of March , 2013, to the following: Stuart I. Hyman, Esq., 1520 E. Amelia St., Orlando, FL 32803 and Richard M. Coln, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, P.O. Box 570066, Orlando, FL 32857.
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Judicial Assistant