Legal Opinion
Florida Department of Highway Safety & Motor Vehicles v. Hernandez
Supreme Court of Florida
Decided November 10, 2011No. SC08-2330, SC08-2394PublishedCited by 27 opinions
1Per curiam
The issue we address is whether an individual’s driver’s license can be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under section 322.2615, Florida Statutes (2006),1 for the refusal to submit to a test of his or her breath-alcohol level where the refusal is not incident to a lawful arrest and, if not, whether the hearing officer has authority to review whether the refusal was incident to a lawful arrest.2 In the cases under review, Hernandez v. Department of Highway Safety & Motor Vehicles, 995 So.2d 1077 (Fla. 1st DCA 2008), and McLaughlin v. Department…
2Cases cited19 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Bell v. BursonSupreme Court of the United States · 1971
- Daniels v. Florida Dept. of HealthSupreme Court of Florida · 2005
- Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
- Heart of Adoptions, Inc. v. JASupreme Court of Florida · 2007
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3Cited by27 opinions
- Ronald Williams v. State of FloridaSupreme Court of Florida · 2016
- Joseph B. Wiggins v. Florida Department of Highway Safety and Motor VehiclesSupreme Court of Florida · 2017
- McLaughlin v. Department of Highway Safety & Motor VehiclesDistrict Court of Appeal of Florida · 2012
- Arenas v. Department of Highway Safety & Motor VehiclesDistrict Court of Appeal of Florida · 2012
- Geico General Insurance v. Virtual Imaging Services, Inc.District Court of Appeal of Florida · 2012
22 more not listed; retrieve them via the Exa API.