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5th District Court of Appeal Overturns Circuit Court Ruling Allowing Request for Writ of Certiorari by Sherron Kaldas
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5th District Court of Appeal Overturns Circuit Court Ruling Allowing Request for Writ of Certiorari by SHERRON KALDAS
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Article Posted: 02/25/2013 |
Article Views: 96 |
Articles Written: 7 - MORE ARTICLES FROM THIS AUTHOR |
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5th District Court of Appeal Overturns Circuit Court Ruling Allowing Request for Writ of Certiorari |
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Law
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the administrative hearing officer's order} affirming the defendant's license suspension. In 2010, the defendant was arrested for and charged with DUI. Defendant provided a breath sample on the Intoxilyzer 8000. That specific Intoxilyzer unit was utilizing software version 8100.27. The test results revealed that the defendant's breath-alcohol level was 0.08 or higher. The result mandated a drivers license suspension pursuant to Florida Statute 322.2615(1)(a). Defendant asked for a formal administrative hearing. Defendant alleged that the Intoxilyzer 8000 utilizing software version 8100.27 had not been properly approved in the State of Florida. The hearing officer ruled that by a preponderance of the evidence standard, that sufficient cause existed to uphold the defendant's license suspension. Defendant alleged for the first time in his reply that the record didn't establish that the intoxilyzer software in use had been evaluated. The circuit court granted the petition. The appellate court reversed the circuit court, finding the DHSMV was not provided with due process when the circuit court granted defendant's petition for writ of certiorari on an issue raised for the first time in the defendant's reply, as the Florida DHSMV lacked the opportunity to respond to the new argument. For more information concerning Lawyer , Dui Defense Attorney Miami FL and Criminal Attorney Miami FL you can contact us at: The Law Offices of Rosenberg and Dye 201 S Biscayne Blvd Miami, FL 33301 (305)459-3286
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