Joseph B. Wiggins v. Florida Department of Highway Safety and Motor Vehicles
209 So. 3d 1165
| Fla. | 2017Background
- Wiggins was stopped and arrested for DUI; Officer Saunders' arrest report and testimony described weaving, lane-crossing, near-curb strikes, erratic braking, and slow speed.
- Saunders’ dashcam (no audio) recorded the stop and driving prior to the contact; the dash video showed a routine lane change, use of turn signals, and normal turns — contradicting key parts of the officer’s report.
- At the administrative hearing under Fla. Stat. § 322.2615, the hearing officer credited Saunders and upheld the license suspension.
- Wiggins sought first-tier certiorari review in circuit court; the circuit court reviewed the video and concluded the officer’s testimony was totally contradicted and therefore not competent, substantial evidence, and reversed.
- The First District reversed the circuit court, holding the circuit court reweighed evidence in violation of Dusseau; it certified a question about whether a circuit court may reject officer testimony solely based on independent video review.
- The Florida Supreme Court framed the certified question, reviewed de novo, and held that in § 322.2615 first-tier review, a circuit court must consider objective video of record and may reject testimony that is totally contradicted by that video as not competent, substantial evidence.
Issues
| Issue | Plaintiff's Argument (Wiggins) | Defendant's Argument (DHSMV) | Held |
|---|---|---|---|
| Whether a circuit court reviewing under § 322.2615 may reject officer testimony when real-time video of record contradicts it | Video objectively refutes officer’s report; testimony totally contradicted is not competent, substantial evidence | Circuit court cannot reweigh evidence; must find any competent evidence supporting agency and defer to hearing officer | Held: Yes — in § 322.2615 first-tier review, a circuit court must consider video on the record and may reject officer testimony totally refuted by that video as not competent, substantial evidence |
| Proper standard/scope of review on first-tier certiorari under § 322.2615 | Circuit courts must meaningfully review factual record (including video) for competent, substantial evidence given Fourth Amendment issues | Deference to agency fact-finder (per Dusseau) should limit circuit court to finding supporting facts without reweighing | Held: Circuit courts must apply the three-part first-tier test (due process, essential requirements of law, competent substantial evidence) and may assess video evidence when it bears on competence/sufficiency of proof |
| Whether prevalence of video evidence changes deference to agency fact-finders | Video is objective and neutral; courts can independently view video to determine whether testimony is refuted | Video may be ambiguous; hearing officer who observed testimony has superior vantage to interpret video and credibility | Held: Video is often objective; when it plainly and totally refutes testimony of record, judge need not defer to that testimony |
| Whether the First District erred by concluding the circuit court reweighed evidence | Wiggins: Circuit court did not reweigh; it found testimony insufficient given video contradiction | DHSMV: Circuit court improperly substituted its credibility determinations for hearing officer | Held: Majority finds circuit court applied correct law in this limited context; dissent disagreed and would affirm First District |
Key Cases Cited
- Jackson-Shaw Co. v. Jacksonville Aviation Auth., 8 So.3d 1076 (Fla. 2008) (standard that pure questions of law are reviewed de novo)
- Dusseau v. Metro. Dade Cnty. Bd. of Cnty. Comm’rs, 794 So.2d 1270 (Fla. 2001) (limits on circuit court reweighing evidence on first-tier certiorari)
- Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (Fla. 2000) (district courts on second-tier certiorari may not review record for competent, substantial evidence)
- Hernandez v. Fla. Dep’t of Highway Safety & Motor Vehicles, 74 So.3d 1070 (Fla. 2011) (§ 322.2615 review context and requirement that requested sobriety tests be incidental to a lawful arrest)
- Tibbs v. State, 397 So.2d 1120 (Fla. 1981) (distinguishing weight vs. sufficiency of evidence; appellate courts should not reweigh evidence)
- Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So.3d 712 (Fla. 2012) (first-tier certiorari standards: due process, essential requirements of law, competent substantial evidence)