Futch v. Fla. Dep’t of Highway Safety & Motor Vehicles

After a traffic stop, Petitioner refused to submit to a blood-alcohol test. The Department of Highway Safety and Motor Vehicles (DHSMV) suspended Petitioner’s driver license for one year. Petitioner sought review, and a hearing officer upheld the suspension. On certiorari review of the administrative decision, the circuit court invalidated the suspension, finding that the hearing officer’s refusal to permit Petitioner’s counsel to ask more than two questions of Petitioner’s witness denied Petitioner due process. The circuit court directed DHSMV to set aside the suspension and reinstate Petitioner’s driver’s license. On second-tier certiorari review of the circuit court’s decision, the Fifth District Court of Appeal agreed that the hearing officer violated Petitioner’s due process rights but ruled that the circuit court was required to remand the case back to DHSMV for another administrative hearing. The Supreme Court quashed the decision below, holding that the Fifth District inappropriately exercised its certiorari jurisdiction to review the circuit court order. Remanded for reinstatement of the circuit court’s decision. View "Futch v. Fla. Dep’t of Highway Safety & Motor Vehicles" on Justia Law