Carrizosa v. Department of Highway Safety & Motor Vehicles

LaROSE, Judge.

Juan Carrizosa seeks second-tier cer-tiorari review of the circuit court’s order denying certiorari review of the Department of Highway Safety and Motor Vehicles’ (DHSMV) administrative order upholding the suspension of his driver’s license. See Fla. R. App. P. 9.030(b)(2)(B). Because the circuit court departed from the essential requirements of law in upholding the suspension without affording Mr. Carrizosa an opportunity to challenge the legality of the traffic stop, we are compelled to grant his petition.

In April 2011, a sheriffs deputy saw Mr. Carrizosa driving erratically.…