Joseph B. Wiggins v. Florida Department of Highway Safety and Motor Vehicles

I disagree with the majority in two respects. First, I disagree with the majority’s interpretation of the video and its conclusion that it “flatly contradicted and refuted” Deputy Saunders’ testimony. Majority op. at 1173.1 therefore conclude that the rephrased certified question does not accurately reflect the record before us. In my view, both Deputy Saunders’ testimony and the video are competent, substantial evidence that support the hearing officer’s findings. Second, I would conclude that the circuit court went beyond the limited scope of its first-tier certiorari review, engaged in an…