Department of Highway Safety & Motor Vehicles v. Leonard

W. SHARP, Judge.

Petitioner, Department of Highway Safety & Motor Vehicles (the “Department”) seeks certiorari review of an order which granted Respondent Leonard’s petition for writ of certiorari in the circuit court acting in its appellate capacity. The order also quashed a hearing officer’s decision upholding the Department’s suspension of Leonard’s driver’s license, and ordered the Department to reinstate the license. We grant the petition for writ of certiorari and quash the circuit court’s order.

On December 6, 1997, Officer Whitehead of the St. Augustine Police Department observed a 1995…