SC08-2330 – Florida Department of Highway Safety And Motor Vehicles v. William Hernandez

State: Florida

Docket No: SC08-2330

Case Date: 06/09/2011

Preview:Supreme Court of Florida
____________ No. SC08-2330 ____________ FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, vs. WILLIAM HERNANDEZ, Respondent. ____________ No. SC08-2394 ____________ FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, vs. GEORGE MCLAUGHLIN, Respondent. [June 9, 2011] REVISED OPINION PER CURIAM.

The issue we address is whether an individuals drivers license can be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under section 322.2615, Florida Statutes (2006), 1 for the refusal to submit to a test of his or her breath-alcohol level where the refusal is not incident to a lawful arrest and, if not, whether the hearing officer has authority to review whether the refusal was incident to a lawful arrest. 2 In the cases under review, Hernandez v. Department of Highway Safety & Motor Vehicles, 995 So. 2d 1077 (Fla. 1st DCA 2008), and McLaughlin v. Department of Highway Safety & Motor Vehicles, 2 So. 3d 988 (Fla. 2d DCA 2008), the First and Second District Courts of Appeal reached opposite conclusions as to the scope of the hearing officers authority to review the suspension. 3 The First District also certified the following questions of great public importance to this Court in Hernandez, 995 So. 2d at 1080:

1. Hernandez involved the 2007 version of the statute, and McLaughlin involved the 2006 version. The current 2010 version of section 322.2615, Florida Statutes, is the same as the 2006 and 2007 versions for purposes of this decision. Section 322.2615 was minimally revised in 2007 and 2010. See ch. 2010-223,

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