State Department of Highway Safety & Motor Vehicles v. Begley

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review in four cases where the circuit court entered stays of driver’s license suspensions pending appellate review of the suspensions. We find that the circuit court’s orders violate section 322.28(5), Florida Statutes (1999), and thus, the orders depart from the essential requirements of law. We, therefore, grant DHSMV’s petitions for certiorari and quash the orders under review.

All respondents had been arrested for violating section 316.193, Florida Statutes, the DUI statute, and had their driver’s licenses…