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

WELLS, Judge.

Petitioner, Adam Schwartz, seeks certio-rari review of an order from the Appellate Division of the Circuit Court refusing to quash an administrative order revoking Schwartz’ driver’s license. We deny cer-tiorari. We do observe, however, that the portion of the Circuit Court’s opinion holding that an administrative hearing officer has no authority to determine the validity of a traffic stop leading up to a DUI arrest is incorrect. See City of Miami v. Berman, 129 So.2d 445 (Fla.App.1961).

The facts in this case are undisputed. Schwartz was stopped at 12:04 a.m. at 17th Street and…