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

Gregory Riehle seeks certiorari review of a circuit court order denying his certiorari petition which challénged a hearing officer’s determination that his license to operate an automobile should be suspended for driving with an unlawful blood alcohol level. Because the circuit court’s order erroneously interprets section 901.18, Florida Statutes (1993), thus improperly sustaining the legality of the arrest, we grant certiorari relief.

Riehle pulled his automobile into the emergency lane on the interstate because he had run out of gas. A marked Highway Patrol cruiser pulled in behind him, and…