Legal Opinion
Department of Highway Safety & Motor Vehicles v. Berne
District Court of Appeal of Florida
Decided October 8, 2010No. 5D09-4648PublishedCited by 4 opinions
1Opinion of the CourtSawaya, J.
The Department of Highway Safety and Motor Vehicles (“the Department”) petitions this court for certiorari review of a circuit court order quashing the decision of an administrative hearing officer that sustained the driver’s license suspension of Respondent, Gary Berne, after he was arrested for driving under the influence of alcohol in violation of section 316.193, Florida Statutes (2005). We grant the Petition and quash the circuit court order.
After he was arrested for driving under the influence of alcohol, Berne submitted to a breath test on the Intoxilyzer 8000 utilizing 8100.26…
2Cases cited16 opinions
- STATE FARM FLORIDA INS. CO. v. LorenzoDistrict Court of Appeal of Florida · 2007
- Conahan v. DEPT. OF HWY. SAFETY AND MOTOR VEHICLESDistrict Court of Appeal of Florida · 1993
- State v. DonaldsonSupreme Court of Florida · 1991
- Department of Highway Safety and Motor Vehicles v. MowryDistrict Court of Appeal of Florida · 2001
- Department of Highway Safety and Motor Vehicles v. PerryDistrict Court of Appeal of Florida · 2000
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3Cited by4 opinions
- Department of Highway Safety & Motor Vehicles v. DellacavaDistrict Court of Appeal of Florida · 2012
- Berne v. Florida Department of Highway Safety & Motor VehiclesSupreme Court of Florida · 2012
- Department of Highway Safety & Motor Vehicles v. MeinkenDistrict Court of Appeal of Florida · 2011
- Department of Highway Safety & Motor Vehicles v. WiggenDistrict Court of Appeal of Florida · 2014