STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
CAROLYN BRASS, RESPONDENT
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The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court order that overturned an administrative suspension of the respondent's driver's license. The court granted the petition and quashed the circuit court's order, reinstating the administrative suspension based on the hearing officer's findings supported by competent, substantial evidence.
The circuit court erred by limiting its review to the admissibility of certain statements instead of applying the correct standard of reviewing whether competent, substantial evidence supported the hearing officer's findings. The court must examine all factors and circumstances known to the investigating officer in making the probable cause determination, and the record contained ample evidence supporting the officer's probable cause determination when viewed in its totality.
[1] A circuit court reviewing an administrative suspension of a driver's license must limit its inquiry to whether competent, substantial evidence supports the hearing office…
[2] When determining probable cause for a driver's license suspension, a court should consider all factors and circumstances known to the investigating officer, not just the…
Previewing 2 of 3 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“The circuit judge should have, but did not, limit her inquiry to whether 'there was competent, substantial evidence to support the hearing officer's findings.'”
Establishes the correct standard of review for administrative suspension orders in driver's license cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA hearing officer sustained the administrative suspension of respondent Carolyn Brass's driver's license. The circuit court subsequently overturned th…
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PER CURIAM.
Petitioner seeks certiorari review of a circuit court order which overturned the hearing officer’s order sustaining the administrative suspension of respondent’s driver’s license. Based upon the clear case law, we grant the petition and quash the order entered by the circuit judge. The circuit judge should have, but did not, limit her inquiry to whether “there was competent, substantial evidence to support the hearing officer’s findings.” Dep't of Highway Safety & Motor Vehicles v. Silva, 806 So. 2d 551, 553 (Fla. 2d DCA 2002).
Instead of focusing solely upon the admissibility of certain statements made by respondent to the investigating officer, the circuit court, under the relevant law, should have 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, 687 So. 2d 30 (Fla. 1st DCA 1997); Dep't of Highway Safety & Motor Vehicles v. Favino, 667 So. 2d 305 (Fla. 1st DCA 1995).
Unlike the situation in Nelson v. Department of Highway Safety & Motor Vehicles, 757 So. 2d 1264 (Fla. 3d DCA 2000), the present record contains ample evidence that, when viewed in its totality, supported the officer’s probable cause determination.
We GRANT the Petition for Writ of Certiorari and QUASH the order of the circuit court, with directions to reinstate the administrative suspension.
KAHN, C.J., BROWNING and LEWIS, JJ., concur.
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Citator
Cited By
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Maingot v. DHSMV (9th Cir. Ct. App. Div. 2008)
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Favino, 667 So. 2d 305 (Fla. 1st DCA 1995)
- Dep't of Hwy. Safety & Motor Vehicles v. Silva, 806 So. 2d 551 (Fla. 2d DCA 2002)
- Dep't of Hwy. Safety & Motor Vehicles v. Smith, 687 So. 2d 30 (Fla. 1st DCA 1997)
- Dep't of Hwy. Safety & Motor Vehicles v. Currier, 824 So. 2d 966 (Fla. 1st DCA 2002)
- State v. Haskins, 752 So. 2d 625 (Fla. 2d DCA 1999)
- Trudy Nolen Bryant v. Buerman, 752 So. 2d 625 (Fla. 4th DCA 1999)
- Babak Parissay v. State, 687 So. 2d 30 (Fla. 5th DCA 1997)
- Dep't of Hwy. Safety & Motor Vehicles v. Friend, 837 So. 2d 1071 (Fla. 1st DCA 2003)
- Nelson v. State, 757 So. 2d 1264 (Fla. 3d DCA 2000)