STATE V. LEYVA

State: Florida

Court: Florida Third District Court

Docket No: 10-3031

Case Date: 07/13/2011

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2011
Opinion filed July 13, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-3031 Lower Tribunal No. 10-48092 ________________

The State of Florida, etc.,
Appellant, vs.

Carolina Leyva,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Judge. Stephen D. Hurm, General Counsel, and Jason Helfant, Assistant General Counsel, DHSMV - Legal Office (Lake Worth), for appellant. Robert S. Reiff, for appellee.

Before RAMIREZ, SHEPHERD, and SALTER, JJ. SHEPHERD, J.

The State of Florida, Department of Highway Safety and Motor Vehicles appeals a circuit court order to the Department to enforce a subpoena issued, pursuant to section 322.2615(6)(b), Florida Statutes (2010), to Miami-Dade County Police Officer Robert McGrath to appear at a formal review administrative hearing requested by Carolina Leyva to contest the suspension of her driver's license for driving under the influence of alcohol. We reverse the order under review. The procedure to enforce noncompliance by a witness with the subpoena issued pursuant to section 322.2615(6)(b) appears in the next succeeding subsection and reads as follows: (c) A party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides. A failure to comply with an order of the court shall result in a finding of contempt of court. However, a person is not in contempt while a subpoena is being challenged.

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