MOHAMMAD KNIGHT, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dep't of Hwy. Safety & Motor Vehicles v. Icaza, 37 So. 3d 309 (Fla. 5th DCA 2010)
  …t court applied the wrong law when it refused to remand the case to the hearing officer. See Lillyman v. Dep’t of Highway Safety & Motor Vehicles, 645 So. 2d 113, 114 (Fla. 5th DCA 1994); see also Dep’t of Highway Safety & Motor Vehicles v. Chamizo, 753 So. 2d 749, 752 (Fla. 3d DCA 2000). Because the hearing officer did not have the benefit of Pelham, he relied on the provisions of section 322.2615(7), which limits the scope of review to enumerated issues that do not include the lawfulness of the arrest. Ther…
• Dep't of Hwy. Safety & Motor Vehicles v. Corcoran, 133 So. 3d 616 (Fla. 5th DCA 2014)
  …Corcoran’s demeanor at the jail. There was no suggestion, however, that he had any evidence to offer that involved any disputed fact or that his testimony would be helpful to Corcoran. In Department of Highway Safety and Motor Vehicles v. Chamizo, 753 So. 2d 749, 750 (Fla. 3d DCA 2000), the Department sought second-tier certiorari review of the circuit court’s order quashing the driver’s administrative license suspension. The circuit court quashed the suspension because the hearing officer had decided to qu…
• Dep't of Hwy. Safety & Motor Vehicles v. Auster, 52 So. 3d 802 (Fla. 5th DCA 2010)
  …ile defendant was continuously in presence of police officers and in circumstances where no inconvenience would result by permitting defendant immediately thereafter to take test). DHSMV cites to Dep’t of Highway Safety & Motor Vehicles v. Chamizo, 753 So. 2d 749 (Fla. 3d DCA 2000), for the proposition that the hearing officer has the discretion to grant or deny a request for the issuance of a subpoena. In Chamizo, the defendant submitted to a breath test and the result reflected a breath-alcohol level well…

Authorities Cited

• V.M. v. State, 729 So. 2d 428 (Fla. 1st DCA 1999)