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

WELLS, Judge.

Petitioner, the Department of Highway Safety and Motor Vehicles, seeks certiora-ri review of an order from the Appellate Division of the Circuit Court quashing an administrative order suspending respondent Stephen Jones’s driver’s license. Because the court below applied the wrong law, we grant certiorari and quash the circuit court’s order.

At 1:03 a.m. on the morning of April 23, 2005, Trooper Burgos of the Florida Highway Patrol, while on routine patrol in Monroe County, noticed a white pick up truck traveling northbound ahead of him on State Road 5 having difficulty remaining…