State, Department of Highway Safety & Motor Vehicles v. Peterson

The Department of Highway Safety and Motor Vehicles (DMV) seeks certiorari review of a circuit court order staying a driver’s license suspension pending appellate review of the suspension. Because the circuit court order departs from the essential requirements of law, we grant the DMV’s petition for certiorari and quash the order under review.

The respondent, Kathy Peterson, was arrested for driving under the influence of alcohol in violation of section 316.193, Florida Statutes (1999), on July 9, 1999. Her driver’s license was suspended for one year for refusing to submit to a blood, breath…