Legal Opinion

Department of Highway Safety & Motor Vehicles v. Hofer

District Court of Appeal of Florida

Decided March 18, 2009No. 2D07-5610PublishedCited by 13 opinions

1Opinion of the Court

WALLACE, Judge.

The Department of Highway Safety and Motor Vehicles (the DHSMV) petitions this court for a writ of certiorari to review the circuit court orders that granted U.J. Hofer’s petition for writ of certiorari and reinstated his driver’s license. The circuit court quashed the administrative order issued by the DHSMV that suspended Mr. Hofer’s driver’s license following his arrest for driving under the influence (DUI). Because we conclude that the circuit court failed to apply the correct law when it decided that due process required that a hearing officer determine the legality of the…

2Cases cited21 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Zinermon v. BurchSupreme Court of the United States · 1990
  3. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  4. Bell v. BursonSupreme Court of the United States · 1971
  5. MacKey v. MontrymSupreme Court of the United States · 1979

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3Cited by13 opinions

  1. State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews v. FernandezDistrict Court of Appeal of Florida · 2013
  2. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEONDistrict Court of Appeal of Florida · 2018
  3. GEICO Indemnity Co. v. Gables Insurance Recovery, Inc.District Court of Appeal of Florida · 2014
  4. Department of Highway Safety and Motor etc. v. Eric HirtzelDistrict Court of Appeal of Florida · 2015
  5. PROGRESSIVE EXPRESS INSURANCE COMPANY v. FRY ENTERPRISES, INC., D/ B/ A CORNERSTONE MOBILE GLASS, A/ A/ O MIKE O' CONNORDistrict Court of Appeal of Florida · 2018

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