Legal Opinion

Department of Highway Safety & Motor Vehicles v. Rose

District Court of Appeal of Florida

Decided November 2, 2012No. 2D12-636PublishedCited by 4 opinions

1Opinion of the Court

MORRIS, Judge.

The Department of Highway Safety and Motor Vehicles (the Department) seeks certiorari review of a circuit court order quashing the Department’s order affirming James Rose’s driver’s license suspension. The Department raises several arguments, but we find merit in only one. Accordingly, we grant the petition and quash the circuit court’s order.

Rose was arrested for DUI and refused to submit to a breath test. His license was suspended pursuant to section 322.2615(1), Florida Statutes (2010). Rose requested a formal hearing under section 322.2615(6), and the hearing officer found…

2Cases cited7 opinions

  1. Miami-Dade County v. Omnipoint Holdings, Inc.Supreme Court of Florida · 2003
  2. State v. MeadorDistrict Court of Appeal of Florida · 1996
  3. Mathis v. CoatsDistrict Court of Appeal of Florida · 2010
  4. DEPT. OF HWY. SAF. & MOTOR VEH. v. FavinoDistrict Court of Appeal of Florida · 1995
  5. State v. KliphouseDistrict Court of Appeal of Florida · 2000

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. Wade F. LilesDistrict Court of Appeal of Florida · 2016
  2. Department of Highway Safety and Motor etc. v. Eric HirtzelDistrict Court of Appeal of Florida · 2015
  3. Department of Highway Safety and Motor etc. v. Eric HirtzelDistrict Court of Appeal of Florida · 2015
  4. State v. John N. WillisDistrict Court of Appeal of Florida · 2016

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