DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
CHARLES MAFFETT, RESPONDENT
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The Department of Highway Safety and Motor Vehicles' petition for certiorari was denied because the circuit court correctly determined that the Department was required to issue a subpoena to the agency inspector responsible for maintaining breath testing equipment when the inspector was identified in documents validating the breath test results.
The Department of Highway Safety and Motor Vehicles must issue a subpoena to the agency inspector responsible for maintaining breath testing equipment when that inspector is identified in documents submitted to validate breath test results.
[1] Section 322.2615(6)(b), Florida Statutes, requires the Department of Highway Safety and Motor Vehicles to issue a subpoena to an agency inspector responsible for maintain…
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Join FLexlaw to unlock all legal intelligenceCharles Maffett's driver's license was suspended for driving with an unlawful breath-alcohol level. During the formal administrative review, the Depar…
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The Department of Highway Safety and Motor Vehicles seeks certiorari review of a circuit court order granting Charles Maf-fett’s petition for certiorari and quashing an order suspending Mr. Maffett’s license for driving with an unlawful breath-alcohol level. The circuit court granted certiorari because, during the formal administrative review, the Department refused to issue a subpoena to the agency inspector responsible for maintaining the breath testing equipment used to test Mr. Maffett’s breath-alcohol level.
In Yankey v. Department of Highway Safety & Motor Vehicles, No. 2D08-2045, — So.3d-, 2009 WL 416514 (Fla. 2d DCA Feb.20, 2009), an opinion we issue simultaneously with this opinion, we have concluded that section 322.2615(6)(b), Florida Statutes (2007), and related statutory and administrative provisions require the Department to issue a subpoena to the agency inspector when the agency inspector is identified in documents submitted to the Department to validate the breath test results. Based upon the reasoning in Yan-key, we conclude the circuit court in this case applied the correct law in granting Mr. Maffett’s petition for writ of certiorari and quashing the order suspending his license. We therefore deny the Department’s petition for writ of certiorari.
Petition denied.
CASANUEVA and WALLACE, JJ, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Yankey v. Dep't of Hwy. Safety & Motor Vehicles, 6 So. 3d 633 (Fla. 2d DCA 2009)…V, § 5(b), Fla. Const. In contrast, this court reviews the circuit court order under its common law certiorari jurisdiction. See art. V, § 4(b)(3), Fla. Const. . A related issue is raised in Department of Highway Safety & Motor Vehicles v. Maffett, 1 So. 3d 1286 (Fla. 2d DCA 2009), which we issue simultaneously with this opinion. In Maffett, however, the circuit court granted Mr. Maffett's petition for certiorari, concluding that the Department was required to issue a subpoena to the agency inspector. The M…
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Dep't of Hwy. Safety & Motor Vehicles v. Escobio, 6 So. 3d 638 (Fla. 2d DCA 2009)…, we conclude the circuit court in this case applied the correct law in granting Mr. Escobio’s petition for writ of certiorari and quashing the order suspending his license on this basis. See also Dep’t of Highway Safety & Motor Vehicles v. Maffett, 1 So. 3d 1286 (Fla. 2d DCA 2009). Were this the only issue raised in this proceeding, we would deny certiorari. Nevertheless, we grant the Department’s petition for writ of certiorari because the circuit court departed from the essential requirements of the law…
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Romaguera v. Fla. Dep't of Hwy. Safety & Motor Vehicles (9th Cir. Ct. App. Div. 2007)
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