JOHN P. DODSON, PETITIONER,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, RESPONDENT
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Dodson petitioned for certiorari review of a circuit court order affirming the Department of Highway Safety and Motor Vehicles' suspension of his driver's license based on a breath test. The court granted the petition, holding that an administrative hearing officer must consider whether a breath test was administered incident to a lawful arrest, as established by the Florida Supreme Court in Hernandez.
An administrative hearing officer must consider the lawfulness of the arrest as part of the review of a driver's license suspension, because a driver's obligation to consent to a breath test depends on the test being administered incident to a lawful arrest.
[1] On second-tier certiorari review, a court's review is limited to determining whether the trial court afforded the parties procedural due process and whether it applied th…
[2] Second-tier certiorari review is reserved for cases where there has been a violation of a clearly established principle of law that resulted in a miscarriage of justice.
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“[A] driver is on notice that he or she must consent to a breath test or else face suspension of his or her driver's license only if the test is administered incident to a lawful arrest.”
Establishes the legal requirement that a breath test must be incident to a lawful arrest for the driver's obligation to submit to arise.
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Join FLexlaw to unlock all legal intelligenceThe Department suspended Dodson's driver's license after a breath test revealed he had been driving under the influence of alcohol. During the adminis…
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John P. Dodson petitions this Court for a writ of certiorari to review a circuit court order that denied his petition for writ of certiorari. The circuit court’s denial affirmed an administrative hearing officer’s decision that sustained the suspension of the petitioner’s driver’s license. The Department of Highway Safety and Motor Vehicles (the Department) suspended the petitioner’s driver’s license after a breath test revealed he had been driving under the influence of an alcoholic beverage. We grant the petition in accordance with Florida Department of Highway Safety and Motor Vehicles v. Hernandez, 74 So.3d 1070 (Fla.2011).
On second-tier certiorari review, this Court’s review is limited to determining whether the trial court afforded the parties procedural due process and whether it applied the correct law or departed from the essential requirements of the law. See State, Dep't of Highway Safety & Motor Vehicles v. Edenfield, 58 So.3d 904, 906 (Fla. 1st DCA 2011). Second-tier certiora-ri should not be used simply to grant a second appeal. See id. It should be reserved for those cases where there has been a violation of a clearly established principle of law that resulted in a miscarriage of justice. See id.
During the administrative hearing on the petitioner’s suspended driver’s license, the administrative hearing officer refused to consider the lawfulness of arrest as part of the scope of review. However, in Hernandez, the Florida Supreme Court concluded that an administrative hearing officer is allowed to make the determination of whether a breath test was administered incident to a lawful arrest. 74 So.3d at 1079-80 (“[A] driver is on notice that he or she must consent to a breath test or else face suspension of his or her driver’s license only if the test is administered incident to a lawful arrest.”). Although the facts of Hernandez involved a refusal to consent to a breath test, the holding is clearly not limited to refusals. Accordingly, the hearing officer’s refusal to consider the lawfulness of the arrest departed from the essential requirements of the law. The petition for writ of certio-rari is granted, and the decision of the trial court is hereby quashed.
PADOVANO, CLARK, and SWANSON, JJ., concur.
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Glor v. Dep't of Hwy. Safety & Motor Vehicles, 110 So. 3d 542 (Fla. 1st DCA 2013)…PER CURIAM. The petition for writ of certiorari is granted, and the decision of the trial court is hereby quashed. See Dodson v. Dep’t of Highway Safety & Motor Vehicles, 111 So. 3d 266 (Fla. 1st DCA 2013). PADOVANO, CLARK, and SWANSON, JJ., concur.…
Authorities Cited
- Fla. Dep't of Hwy. Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011)
- State v. Edenfield, 58 So. 3d 904 (Fla. 1st DCA 2011)