JENNIFER LAWRENCE, PETITIONER,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, RESPONDENT
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Jennifer Lawrence petitioned for certiorari review of a circuit court order denying her petition to challenge an administrative suspension of her driver's license. The case involves whether Lawrence had an adequate opportunity to contest the lawfulness of her traffic stop in the administrative licensing proceeding, following the Florida Supreme Court's decision in Hernandez.
The court granted the petition for certiorari and remanded to the circuit court to determine the appropriate mechanism by which the lawfulness of the arrest may be decided, considering whether the criminal proceeding provided an adequate forum for challenging the stop.
[1] A driver may challenge the lawfulness of a stop and arrest in a hearing concerning the suspension of driving privileges.
[2] A hearing officer must determine whether a breath test was administered incident to a lawful arrest.
Previewing 2 of 4 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“We grant the petition for the same reasons that this court granted the petition in Arenas. We likewise remand this case to the circuit court to determine the mechanism by which the lawfulness of the arrest may be decided.”
Establishes the court's holding that remand is necessary to determine the appropriate forum for challenging the lawfulness of the arrest.
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Join FLexlaw to unlock all legal intelligenceOn October 16, 2008, a deputy stopped Ms. Lawrence for traveling 70 mph in a 45 mph zone. The officer observed a strong odor of alcohol and signs of i…
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Jennifer Lawrence petitions this court for a writ of certiorari to review a circuit court order that denied her petition for writ of certiorari. This case involves an administrative hearing officer’s decision that sustained the suspension of Ms. Lawrence’s driver’s license. The circumstances of this case are very similar to those in Arenas v. Department of Highway Safety & Motor Vehicles, 90 So.3d 828 (Fla. 2d DCA 2012). We grant the petition for the same reasons that this court granted the petition in Arenas. We likewise remand this case to the circuit court to determine the mechanism by which the lawfulness of the arrest may be decided. We write briefly to explain one distinction between this case and the Arenas case.
According to the arresting officer’s report, which is the only factual information in our record, a deputy stopped Ms. Lawrence on October 16, 2008, at 11:17 p.m. The deputy’s report states that Ms. Lawrence was traveling at seventy miles per hour in a forty-flve-mile-per-hour zone. When stopped, she had a strong odor of alcohol and exhibited other signs of intoxication. She refused to take a breath test. She was arrested for driving under the influence1 and for criminal refusal to submit to a breath test.2
The administrative hearing in this case occurred several years ago. The circuit court denied the petition for certiorari review in January 2009. The second-tier certiorari proceeding in this court was stayed from January 25, 2010, to January 17, 2012, pending the Florida Supreme Court’s decisions in Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So.3d 1070 (Fla.2011), which quashed our decision in McLaughlin v. Department of Highway Safety & Motor Vehicles, 2 So.3d 988 (Fla. 2d DCA 2008). See also McLaughlin v. Dep’t of Highway Safety & Motor Vehicles, — So.3d —, 2012 WL 752355 (Fla. 2d DCA 2012). Unlike the circumstances in Arenas, the charges against Ms. Lawrence were not dropped. She ultimately pleaded to a reduced charge of reckless driving and a term of probation. Apparently, both her license suspension and the period of probation are over.3
*352Although Ms. Lawrence has never had an opportunity to challenge the lawfulness of her stop in this civil administrative proceeding, she may have had such an opportunity in her criminal proceeding. Thus, in addition to the mechanisms suggested in Arenas, the circuit court is permitted to consider whether the criminal proceeding provided an adequate mechanism. We express no opinion on that subject and do not have a sufficient record to analyze the issue.
Petition for writ of certiorari to the circuit court granted for proceedings in accordance with this opinion.
WHATLEY and VILLANTI, JJ., Concur.
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Roark v. Dep't of Hwy. Safety & Motor Vehicles, 107 So. 3d 1131 (Fla. 2d DCA 2012)…on of Mr. Roark’s driver’s license. The circumstances of this case are very similar to those in Arenas v. Department of Highway Safety & Motor Vehicles, 90 So. 3d 828 (Fla. 2d DCA 2012), and Lawrence v. Department of Highway Safety & Motor Vehicles, 93 So. 3d 350 (Fla. 2d DCA 2012). We grant the petition for the same reasons that this court granted the petition in Arenas. We likewise remand this case to the circuit court to determine the mechanism by which the lawfulness of the arrest may be decided. Just as…
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Emmy Pankau v. Dep't of Hwy. Safety & Motor Vehicles, 91 So. 3d 923 (Fla. 2d DCA 2012)…results indicated blood alcohol level between .129 and .136, and petitioner pleaded guilty to reckless driving and may have had opportunity to challenge legality of stop in criminal proceeding); Lawrence v. Dep’t of Highway Safety & Motor Vehicles, 93 So. 3d 350, 2012 WL 1870868 (Fla. 2d DCA 2012) (petitioner refused to submit to breath test, and petitioner pleaded guilty to reckless driving and may have had opportunity to challenge legality of stop in criminal proceeding); Rudolph v. Dep’t of Highway Safet…
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Ferrei v. Dep't of Hwy. Safety & Motor Vehicles, 91 So. 3d 920 (Fla. 2d DCA 2012)…results indicated blood alcohol level between .129 and .136, and petitioner pleaded guilty to reckless driving and may have had opportunity to challenge legality of stop in criminal proceeding); Lawrence v. Dep’t of Highway Safety & Motor Vehicles, 93 So. 3d 350, 2012 WL 1870868 (Fla. 2d DCA 2012) (petitioner refused to submit to breath test, and petitioner pleaded guilty to reckless driving and may have had opportunity to challenge legality of stop in criminal proceeding); Rudolph v. Dep’t of Highway Safet…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Dep't of Hwy. Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011)
- McLAUGHLIN v. Dep't of Hwy. Safety & Motor Vehicles, 2 So. 3d 988 (Fla. 2d DCA 2008)
- Arenas v. Dep't of Hwy. Safety & Motor Vehicles, 90 So. 3d 828 (Fla. 2d DCA 2012)