MOTOR VEHICLES
v.
COLLING
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Zachary Gamble sought certiorari review of a hearing officer's final order sustaining suspension of his driver's license following a DUI arrest. The court denied his petition, holding that review of such cases is limited to three issues: age, control of a vehicle, and alcohol level, and that territorial jurisdiction is not within the hearing officer's authority to determine.
The court held that review of a hearing officer's final order in an under-aged DUI case is limited to three issues: age, control of a vehicle, and alcohol level. The hearing officer is not authorized to determine whether the officer was acting within territorial jurisdiction. Substantial competent evidence supported the hearing officer's findings on the three necessary issues.
[1] Judicial review of a hearing officer's final order sustaining a driver's license suspension is confined to specific issues authorized by statute.
[2] A hearing officer is not authorized to determine whether an arresting officer was acting within their territorial jurisdiction when reviewing a DUI-related license suspen…
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Join FLexlaw to unlock all legal intelligence“where an under-aged motorist is charged with DUI, an appellate court's review of a hearing officer's final order is confined to three and only three issues: age, control of a vehicle and alcohol level”
Establishes the scope of appellate review in under-aged DUI cases
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Join FLexlaw to unlock all legal intelligenceZachary Gamble, an under-aged motorist, was arrested for DUI. The hearing officer conducted a formal hearing and sustained the suspension of his drive…
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PER CURIAM.
FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI
Petitioner Zachary Gamble seeks certiorari review of a hearing officer’s final order sustaining the suspension of his driver’s license after a formal hearing. This Court has jurisdiction pursuant to section 322.2615(13), Florida Statutes and Florida Rule of Appellate Procedure 9.030(c)(3). Petitioner contends that the arresting officer’s probable cause affidavit was not sufficient competent evidence to support the hearing officer’s decision. He argues that the affidavit contained only conclusions without supporting facts, and that it did not establish that the officer was acting within his territorial jurisdiction when he arrested petitioner for DUI. Petitioner’s argument is not well taken. See the recent case of Dep’t of Highway Safety & Motor Vehicles v. Colling, 5D13-3755, 2014 WL 2532406 (Fla. 5th DCA 2014). There, the court held that where an under-aged motorist is charged with DUI, an appellate court’s review of a hearing officer’s final order is confined to three and only three issues: age, control of a vehicle and alcohol level. The hearing officer is not authorized to determine whether the officer was acting within his territorial jurisdiction. There was substantial competent evidence in the record – Petitioner’s driver’s license and the probable cause affidavit – to support the hearing officer’s findings on each of the three necessary issues. Accordingly, the Petition for Writ of Certiorari is DENIED. DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this 26th day of June , 2014.
/S/
ROM W. POWELL Presiding Circuit Judge
G. ADAMS and MIHOK, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to: Matthews R. Bark, Esq., 999 Douglas Avenue, Ste. 3317, Altamonte Springs, Florida 32714; Kimberly A. Gibbs, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, P.O. Box 570066, Orlando, Florida 32857 on this 27th day of June , 2014.
/S/
Judicial Assistant