DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,

v.

FRANK J. AMODEO, RESPONDENT

Citator

Cited By (11 total)

• Dep't of Hwy. Safety & Motor Vehicles v. Corcoran, 133 So. 3d 616 (Fla. 5th DCA 2014)
  …a subpoena for the breath test operator who was a relevant witness as he had contact with the driver at or near the time of arrest) and Amodeo v. Dep’t of Highway Safety & Motor Vehicles, No. CI96-3994 (Fla. 9th CSr.Ct.1997), Aff'd, without opinion, 711 So. 2d 148 (Fla. 5th DCA 1998), 711 So. 2d 148 (Fla. 5th DCA 1998) (holding that a hearing officer may not quash a subpoena for a fact witness pursuant to section 322.2615(2), Florida Statutes, and Rule 15A-6.013(5), Florida Administrative Code, and the defens…

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• Dep't of Hwy. Safety & Motor Vehicles v. Auster, 52 So. 3d 802 (Fla. 5th DCA 2010)
  …for a period of one year or, in the case of a second or subsequent refusal, for a period of eighteen months. In quashing the hearing officer’s order, the circuit court erroneously asserted that in Dep’t of Highway Safety & Motor Vehicles v. Amodeo, 711 So. 2d 148 (Fla. 5th DCA 1998), our court had “squarely and unequivocally held that a hearing officer has absolutely no discretion whatsoever to refuse to issue a subpoena for a fact witness to attend a formal driver’s license suspension hearing.” In fact, our…
• Auster v. DHSMV (9th Cir. Ct. App. Div. 2010)
  …’t of Highway Safety & Motor Vehicles v. Allen, 539 So. 2d 20, 21 (Fla. 5th DCA 1989). Our decision is mandated by the case of Amodeo v. Department of Highway Safety & Motor Vehicles, Case No. CI 96-3994 (Fla. 9th Cir. Ct. Aug. 20, 1997), affirmed, 711 So. 2d 148 (Fla. 5th DCA 1998), which is squarely on point. See also Reyes v. Dep’t of Highway Safety & Motor Vehicles, Case No. 2005-CA-9342 (Fla. 9th Cir. Ct. Aug. 1, 2006). In Amodeo, the Fifth District Court of Appeal squarely and unequivocally held that a…