DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
BARBARA LOUIS FRIEND, RESPONDENT
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PER CURIAM.
The petitioner seeks review of a circuit court decision granting certiorari and setting aside an administrative order suspending the respondent’s driver’s license. We conclude, that the findings of fact made by the hearing officer are supported by competent substantial evidence. The only issue in dispute was whether the officer had probable cause to arrest the respondent for driving under the influence of alcohol and the record contains at least some evidence that he did. The circuit court applied the wrong standard of review in rejecting this evidence. See Department of Highway Safety and Motor Vehicles v. Favino, 667 So. 2d 305 (Fla. 1st DCA 1995). Hence we must grant the present petition for writ of certiorari. The decision of the circuit court is quashed and the administrative order suspending the respondent’s driver’s license is reinstated.
ALLEN, C.J., DAVIS and PADOVANO, JJ., concur.
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Dep't of Hwy. Safety & Motor Vehicles v. Roberts, 938 So. 2d 513 (Fla. 5th DCA 2006)…properly applied the standard of review, a departure from the essential requirements of law has occurred that requires issuance of the writ to correct the miscarriage of justice. Kurdziel; see also Dep’t of Highway Safety & Motor Vehicles v. Friend, 837 So. 2d 1071 (Fla. 1st DCA 2003); Favino. The district courts uniformly hold that the circuit court incorrectly applies the standard of review when the district court determines from the record that the hearing officer’s findings, which are overturned or rejecte…
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Dep't of Hwy. Safety & Motor Vehicles v. Wiggen, 152 So. 3d 773 (Fla. 5th DCA 2014)…g officer, evaluate the pros and cons of conflicting evidence, and reach a conclusion different from that of the agency. We grant the petition for certiorari and quash the circuit court’s order. See, e.g., Dep’t of High. Saf. & Motor Veh. v. Friend, 837 So. 2d 1071, 1071-72 (Fla. 1st DCA 2003); Dep’t of High. Saf. & Motor Veh. v. Favino, 667 So. 2d 305, 309 (Fla. 1st DCA 1995); Rivera v. Dawson, 589 So. 2d 1385, 1388 (Fla. 5th DCA 1991). PETITION FOR WRIT OF CERTIO-RARI GRANTED; CIRCUIT COURT ORDER QUASHED.…
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State v. Brass, 906 So. 2d 1224 (Fla. 1st DCA 2005)…ve focused upon all the factors and circumstances known to the investigative officer in making a probable cause determination as to whether respondent was the driver of the vehicle in question. See Dep’t of Highway Safety & Motor Vehicles v. Friend, 837 So. 2d 1071 (Fla. 1st DCA 2003); Dep't of Highway Safety & Motor Vehicles v. Currier, 824 So. 2d 966 (Fla. 1st DCA 2002); Dep't of Highway Safety & Motor Vehicles v. Haskins, 752 So. 2d 625 (Fla. 2d DCA 1999); Dep't of Highway Safety & Motor Vehicles v. Smith,…
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Favino, 667 So. 2d 305 (Fla. 1st DCA 1995)