|
In the case of Florida Department of Highway Safety & Motor Vehicles vs. Carillon the First District Court of Appeal denied a petition for a writ of certiorari filed by The Florida Department of Highway Safety and Motor Vehicles otherwise known as the DHSMV, seeking the review of an order of the circuit court, sitting in its capacity as an appellate court, wherein the circuit court reversed a hearing officer's ruling that upheld a suspension of the the defendant's driver's license. Defendant's driver's license was suspended for refusing to perform to a breath test after a police officer's response to a traffic crash with a possible impaired driver. The defendant requested a hearing during which the hearing officer upheld the suspension. The circuit court, in its appellate capacity, ruled that the record of the hearing contained no proof that the defendant's impairment was due to consumption of alcohol & therefore, no law enforcement officer was authorized to ask defendant to submit to a breath test. The District Court of Appeal ruled that, pursuant to constrained standard of review on second-tier certiorari, even if the court agreed with the DHSMV the circuit court erred in its findings, such an error wouldn't run afoul of clearly established principle of law resulting in a miscarriage of justice, and accordingly the appellate court had no basis to intervene.  For more information on Dui Lawyer Miami FL , Dui Attorney Miami FL and Dui Lawyer Miami FL you can contact us at: The Law Offices of Rosenberg and Dye 201 South Biscayne Boulevard 28th Floor Miami, FL 33131 (305)429-3285
Related Articles -
DUI Attorney, Criminal Attorney, Miami DUI Attorney, Miami Criminal Attorney, Florida DUI Attorney, Florida Criminal Attorney,
|
