2D08-984 / Dept. of Highway Safety & Motor Vehicles v. Maffett

State: Florida

Court: Florida Southern District Court

Docket No: 2D08-984

Case Date: 02/20/2009

Plaintiff: 2D08-984 / Dept. of Highway Safety & Motor Vehicles

Defendant: Maffett

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
DEPARTMENT OF HIGHWAY SAFETY                                                              )
AND MOTOR VEHICLES,                                                                       )
)
Petitioner,                                                                               )
)
v.                                                                                        )   Case No. 2D08-984
)
CHARLES MAFFETT,                                                                          )
)
Respondent.                                                                               )
)
Opinion filed February 20, 2009.
Petition for Writ of Certiorari to the Circuit
Court for the Thirteenth Judicial Circuit for
Hillsborough County; sitting in its appellate
capacity.
Robin Lotane, General Counsel,
Tallahassee, and Jason Helfant, Assistant
General Counsel, Miami, for Petitioner.
Eilam Isaak, Tampa, for Respondent.
ALTENBERND, Judge.
The Department of Highway Safety and Motor Vehicles seeks certiorari
review of a circuit court order granting Charles Maffett's petition for certiorari and
quashing an order suspending Mr. Maffett's license for driving with an unlawful breath-

alcohol level.   The circuit court granted certiorari because, during the formal
administrative review, the Department refused to issue a subpoena to the agency
inspector responsible for maintaining the breath testing equipment used to test Mr.
Maffett's breath-alcohol level.
In Yankey v. Department of Highway Safety & Motor Vehicles, No. 2D08-
2045 (Fla. 2d DCA Feb. 20, 2009), an opinion we issue simultaneously with this opinion,
we have concluded that section 322.2615(6)(b), Florida Statutes (2007), and related
statutory and administrative provisions require the Department to issue a subpoena to
the agency inspector when the agency inspector is identified in documents submitted to
the Department to validate the breath test results.   Based upon the reasoning in
Yankey, we conclude the circuit court in this case applied the correct law in granting Mr.
Maffett's petition for writ of certiorari and quashing the order suspending his license.
We therefore deny the Department's petition for writ of certiorari.
Petition denied.
CASANUEVA and WALLACE, JJ., Concur.
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