Legal Opinion

Department of Highway Safety & Motor Vehicles v. Escobio

District Court of Appeal of Florida

Decided February 20, 2009No. 2D08-1155PublishedCited by 1 opinion

1Opinion of the Court

ALTENBERND, Judge.

The Department of Highway Safety and Motor Vehicles seeks certiorari review of a circuit court opinion quashing an administrative order suspending Eric Escobio’s driver’s license for driving with an unlawful breath-alcohol level. The circuit court granted Mr. Escobio’s petition for certiora-ri and quashed the Department’s order on two separate bases. First, the circuit court held that the Department departed from the essential requirements of the law by interpreting section 322.2615(6)(b), Florida Statutes (2006)* to prohibit the hearing officer from issuing a subpoena for…

2Cases cited7 opinions

  1. McLaughlin v. Department of Highway Safety & Motor VehiclesDistrict Court of Appeal of Florida · 2008
  2. DHSMV v. PelhamDistrict Court of Appeal of Florida · 2008
  3. STATE, DEPT. OF HWY. SAF. AND MOTOR VEHICLES v. WhitleyDistrict Court of Appeal of Florida · 2003
  4. Hernandez v. DHSMVDistrict Court of Appeal of Florida · 2008
  5. Department of Highway Safety and Motor Vehicles v. SnelsonDistrict Court of Appeal of Florida · 2002

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3Cited by1 opinion

  1. Carrizosa v. Department of Highway Safety & Motor VehiclesDistrict Court of Appeal of Florida · 2013

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