RICHARD SEXTON
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
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Richard Sexton challenged the administrative suspension of his driver's license following a DUI arrest and breath-alcohol test. The court granted his petition for writ of certiorari, finding that the hearing officer erred by refusing to issue a subpoena for the Breathalyzer maintenance person identified in agency inspection reports.
The court held that when breath test results include an agency inspection report that identifies a person, the hearing officer is authorized to issue a subpoena to any person identified in that report.
[1] An administrative agency must issue a subpoena for a witness identified in an agency inspection report when that report is submitted as evidence in a license suspension p…
[2] A party in an administrative hearing has a due process right to compel the attendance of a material witness identified in submitted evidence.
Previewing 2 of 4 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“When a law enforcement officer administratively suspends a driver's license and submits breath test results pursuant to section 322.2615(2), Fla. Stat., that include an agency inspection report, and the agency inspection report identifies a person, the hearing officer is authorized to issue a subpoena to any person 'identified' therein.”
States the controlling legal standard for whether hearing officers must issue subpoenas to individuals identified in agency inspection reports
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Join FLexlaw to unlock all legal intelligenceSexton was arrested for driving under the influence and agreed to submit to a breath-alcohol test. His driving privilege was suspended based on the te…
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Richard Sexton petitioned this Court for a writ of certiorari seeking review of the final order entered by the Department of Highway Safety and Motor Vehicles ("Department") affirming the suspension of his driver's license.
Mr. Sexton was placed under arrest for driving under the influence of alcohol and agreed to submit to a breath-alcohol test. Mr. Sexton's driving privilege was suspended based on these results. Mr. Sexton requested a formal administrative review of the suspension. During that review, Mr. Sexton objected to the admission of all documents being entered into evidence because the Department refused to issue a subpoena for the Breathalyzer maintenance person, who was an individual named in two Agency Inspection Reports. The Department refused to issue this subpoena. The objection was noted for the record and the documents to which Sexton objected were admitted.
In accordance with our recent opinion in Johnson v. Department of Highway Safety and Motor Vehicles, 16 Fla. L. Weekly Supp. 400a (March 19, 2009), as well as Yankey v. Department of Highway Safety and Motor Vehicles, No. 2D08-2045 (Fla. 2d DCA February 20, 2009) and Lee v. Department of Highway Safety and Motor Vehicles, No. 1D08-2887 (Fla. 1st DCA March 10, 2009), we grant the Petition for Writ of Certiorari. "When a law enforcement officer administratively suspends a driver's license and submits breath test results pursuant to section 322.2615(2), Fla. Stat., that include an agency inspection report, and the agency inspection report identifies a person, the hearing officer is authorized to issue a subpoena to any person 'identified' therein." See Johnson, 16 Fla. L. Weekly Supp. 400a (March 19, 2009).
Based upon the foregoing, it is hereby ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is GRANTED, the hearing officer's final order is QUASHED and the case is REMANDED for further proceedings consistent with this opinion.
KELLEY, FRENCH, LEWIS, JJ., concur. Case No.: 502008CA028357XXXXMB