SC09-1533 – Susan Nader v. Florida Department of Highway Safety and Motor Vehicles, Et Al.

State: Florida

Docket No: SC09-1533

Case Date: 02/23/2012

Preview:Supreme Court of Florida
____________ No. SC09-1533 ____________ SUSAN NADER, Petitioner, vs. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, et al., Respondents. [February 23, 2012] PARIENTE, J. In this case before us, Department of Highway Safety and Motor Vehicles v. Nader, 4 So. 3d 705 (Fla. 2d DCA 2009), the Second District Court of Appeal determined two distinct but related issues: the first involving the administrative suspension of a drivers license for refusal to submit to a bre ath test, and the second involving the scope of certiorari review by an appellate court of the circuit courts decision concerning the administrative suspension. In its decision in Nader, the Second District passed upon the two questions involving these issues, which it certified to be of great public importance:

1. DOES A LAW ENFORCEMENT OFFICERS REQUEST THAT A DRIVER SUBMIT TO A BREATH, BLOOD, OR URINE TEST, UNDER CIRCUMSTANCES IN WHICH THE BREATH-ALCOHOL TEST IS THE ONLY REQUIRED TEST, VIOLATE THE IMPLIED CONSENT PROVISIONS OF SECTION 316.1932(1)(A)(1)(a) SUCH THAT THE DEPARTMENT MAY NOT SUSPEND THE DRIVERS LICENSE FOR REFUSING TO TAKE ANY TEST? 2. MAY A DISTRICT COURT GRANT COMMON LAW CERTIORARI RELIEF FROM A CIRCUI T COURTS OPINION REVIEWING AN ADMINISTRATIVE ORDER WHEN THE CIRCUIT COURT APPLIED PRECEDENT FROM ANOTHER DISTRICT COURT BUT THE REVIEWING DISTRICT COURT CONCLUDES THAT THE PRECEDENT MISINTERPRETS CLEARLY ESTABLISHED STATUTORY LAW? Id. at 711. As more fully discussed below, we answer the first question in the negative and answer the second question in the affirmative. 1 FACTS The facts in this case arise from an arrest after the driver, Susan Nader, failed a roadside sobriety test and then had her license suspended based on the refusal to submit to a breath test: On August 26, 2007, at approximately 1:30 a.m., Susan Nader was stopped by a Tampa police officer because she was driving with only her parking lights on and had stayed at an intersection through more than one cycle of the traffic lights. After she failed a roadside sobriety test, she was arrested and transported to a breath test center operated by the Hillsborough County Sheriffs Office.[2] 1. Based on these certified questions, we have jurisdiction. See art. V,

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