Department of Highway Safety & Motor Vehicles v. Robinson
93 So. 3d 1090
Fla. Dist. Ct. App.2012Background
- DHSMV seeks second-tier certiorari review of a circuit court order invalidating Robinson’s license suspension after the arresting officer failed to appear at the formal review hearing.
- Robinson, arrested for DUI after a speeding stop, refused a breath test and initially had his license suspended pending formal review under section 322.2615(6), Fla. Stat. (2010).
- Robinson subpoenaed Officer Giordano to testify; Giordano did not appear, and the hearing officer did not invalidate the suspension but offered to continue to enforce the subpoena.
- Robinson declined the continuance; the hearing officer affirmed the suspension.
- The circuit court ruled Giordano’s unexcused absence violated due process and quashed the hearing officer’s decision, reinstating Robinson’s driving privileges; DHSMV petitioned for certiorari.
- The Florida Supreme Court, applying a narrow second-tier certiorari standard, denied the petition and certified a question of great public importance to the Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does due process prohibit suspending a license when a subpoenaed witness fails to appear and enforcement cannot occur within 30 days? | Robinson argues due process requires invalidation. | DHSMV contends notice and opportunity to be heard suffice; subpoena enforcement is not due process violation. | Petition denied; issue certified to Supreme Court. |
| Was the circuit court’s application of the law correct in reviewing the subpoena-derived due process question? | Robinson emphasizes correct law required invalidation for nonappearance. | DHSMV argues proper law allows broader, not automatic, consequences depending on enforcement. | Petition denied; question certified to Supreme Court. |
Key Cases Cited
- Lankford v. Department of Highway Safety & Motor Vehicles, 956 So.2d 527 (Fla. 1st DCA 2007) (subpoena noncompliance evidence not automatically invalidating a DUI suspension)
- City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982) (certiorari review standard; scope of review)
- Stranahan House, Inc. v. City of Fort Lauderdale, 967 So.2d 1121 (Fla. 4th DCA 2007) (certiorari review framework and reliance on correct law)
- Ivey v. Allstate Ins. Co., 774 So.2d 679 (Fla. 2000) (standard of certiorari relief and review of administrative decisions)
- Pfleger v. Department of Highway Safety & Motor Vehicles, 88 So.3d 159 (Fla. 2d DCA 2011) (arresting officer’s nonappearance and continuance impacting opportunity to be heard)
- McKenney v. Department of Highway Safety & Motor Vehicles, 75 So.3d 1259 (Fla. 2d DCA 2011) (subpoena nonappearance and available enforcement avenues; table decision)