CONLEY
v.
DHSMV,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Conley challenges a Department of Highway Safety and Motor Vehicles order sustaining her driver's license suspension following a DUI arrest. The appellate court upholds the suspension, finding competent substantial evidence supports both the lawfulness of the traffic stop within the officer's jurisdiction and the petitioner's refusal to submit to a breath test.
The court held that competent substantial evidence supports both findings. The citations identifying Windermere as the location, combined with the officer's affidavit indicating he was patrolling the Windermere/Conroy area, satisfied the preponderance of evidence standard for establishing jurisdiction. The breath test operator's affidavit documenting the petitioner's evasive responses and conduct constituted substantial evidence of deliberate refusal, even without an explicit refusal statement.
[1] An appellate court reviewing an administrative order does not reweigh the evidence but determines if the order is supported by competent substantial evidence.
[2] The burden of proof for administrative agencies is a preponderance of the evidence, and this evidence can include non-affidavit documents such as citations.
Previewing 2 of 5 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“Where her contention is that the record before the hearing officer does not support his findings of fact, the Court does not reweigh the evidence but determines whether the order is supported by competent substantial evidence.”
Establishes the standard of review for administrative license suspension cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWindermere Police Officer Miller arrested Conley for DUI following a traffic stop in the Windermere/Conroy area. Citations issued to Conley listed Ora…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Reweighing Evidence cases and more on FLexlaw
Before O’KANE, APTE, ROCHE, J.J.
PER CURIAM.
FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI
Petitioner seeks review of a Department of Highway Safety and Motor Vehicles order sustaining her license suspension following a DUI arrest. Where her contention is that the record before the hearing officer does not support his findings of fact, the Court does not reweigh the evidence but determines whether the order is supported by competent substantial evidence. Dep't of Highway Safety & Motor Vehicles v. Wiggen, 152 So. 3d 773, 776 (Fla. 5th DCA 2014). Petitioner contends that the record did not demonstrate the traffic stop occurred within the arresting officer’s jurisdiction and the arrest was therefore not shown to be lawful. On the speeding ticket and the DUI citation issued to her, the County blank is filled in as Orange; the City blank is filled in as Windermere. Windermere Police Officer Miller’s arrest affidavit, which contains the heading Windermere Police Department, states that he was patrolling the Windermere/Conroy area when he spotted Petitioner speeding. The burden of proof for the Department is only a preponderance of the evidence and the evidence includes non-affidavit documents such as traffic citations. State Dept. of Highway Safety v. Edgell-Gallowhur, 114 So. 3d 1081, 1087 (Fla. 3d DCA 2013). To accept the argument that the documentation in this case is insufficient to establish the site of the arrest by a preponderance of the evidence would be to require every officer to state specifically in every arrest affidavit that the arrest was made within his or her jurisdiction. That the arrest occurred in Windermere is supported by competent substantial evidence and was entirely unrebutted.
Petitioner also argues that the evidence does not support the finding that she refused a breath test. The breath test operator’s affidavit reports that Petitioner was asked multiple times if she would take the test but she “continued to run circles around whether she would take it” and “continued to talk and not make a choice.” The breathalyzer timed out twice with “no sample provided.” While Petitioner may not have said, “I refuse,” her conduct could reasonably be construed by the hearing officer as a deliberate refusal. Dep't of Highway Safety & Motor Vehicles v. Cherry, 91 So. 3d 849, 855 (Fla. 5th DCA 2011). Again, Petitioner offered no evidence in rebuttal.
IT IS THEREFORE ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is DENIED. DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this 27th day of March, 2015.
/S/
JULIE H. O’KANE Presiding Circuit Judge
APTE and ROCHE, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Matthew Olszewski, Esq. FL DUI Group, 200 East Robinson Street, Suite 1150, Orlando, Florida 32801-1970, and to Jason Helfant, Esq., Senior Assistant General Counsel, Department of Highway Safety and Motor Vehicles, P.O. Box 540609, Lake Worth, Florida 33453, on this 27th day of March, 2015.
/S/
Judicial Assistant
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Cherry, 91 So. 3d 849 (Fla. 5th DCA 2011)
- Dep't of Hwy. Safety & Motor Vehicles v. Wiggen, 152 So. 3d 773 (Fla. 5th DCA 2014)
- State of Fla. Dep't OF Hwy. Safety v. Edgell-Gallowhur, 114 So. 3d 1081 (Fla. 3d DCA 2013)