Legal Opinion

Department of Highway Safety & Motor Vehicles v. Dellacava

District Court of Appeal of Florida

Decided November 2, 2012No. 5D12-2313PublishedCited by 3 opinions

1Per curiam

Petitioner, Department of Highway Safety and Motor Vehicles (“the Department”), seeks second-tier certiorari review of the circuit court’s order quashing the decision of an administrative hearing officer that sustained the driver’s license suspension of Respondent, Gino Dellacava, after he was arrested for driving under the influence of alcohol. We grant the petition and quash the circuit court’s order.

In 2010, Dellacava was arrested for driving under the influence of alcohol. Upon arrest, Dellacava submitted to a breath test on the Intoxilyzer 8000 utilizing software version 8100.27. The…

2Cases cited5 opinions

  1. City of Deerfield Beach v. VaillantSupreme Court of Florida · 1982
  2. Broward County v. GBV Intern., Ltd.Supreme Court of Florida · 2001
  3. JAB ENTERPRISES v. GibbonsDistrict Court of Appeal of Florida · 1992
  4. United Automobile Insurance Co. v. Hollywood Injury Rehab CenterDistrict Court of Appeal of Florida · 2010
  5. Department of Highway Safety & Motor Vehicles v. BerneDistrict Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Christopher Parker-Cyrus v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2015
  2. Dept. of Highway Safety and Motor Vehicles v. SperbergDistrict Court of Appeal of Florida · 2018
  3. Christopher Parker-Cyrus v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2015

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