State, Department of Highway Safety & Motor Vehicles v. Bell

The Department of Highway Safety and Motor Vehicles petitions this court for a writ of certiorari to review an order of the circuit court reinstating the driving privileges of the respondent, Hampton Bell.

Bell was arrested for driving under the influence of alcohol in January 1985. Following his arrest he refused to submit to a chemical blood alcohol test. Section 322.-261(1), Florida Statutes (1985) requires the Department to suspend the license of any person who refuses an officer’s request to submit to such a test, upon receipt of the officer’s sworn statement that he had reasonable cause…