CLARK SPENCER BRIST,
vs. Appeal No. 99-7285-CI-88A
STATE OF FLORIDA, DEPARTMENT
OF HIGHWAY SAFETY & MOTOR VEHICLES,
This cause came before the Court on the Petition For Writ Of Certiorari, the Response and the Reply. Upon consideration of the same, the Court finds that the Petitioner has raised three issues in his Petition.
1. The first issue raised by the Petitioner is whether the Department of Highway Safety and Motor Vehicles, Division of Driver Licenses (“Department”), departed from the essential requirements of the law and denied the Petitioner procedural due process by not continuing the formal review hearing to allow the paramedic, a witness subpoenaed for the hearing, to obtain his official report and review it prior to testifying. The second issued raised is whether the Department departed from the essential requirements of law and denied the Petitioner procedural due process by refusing to let the paramedic give his opinion on whether the Petitioner was impaired by alcoholic beverages. The third issue raised is whether the Department departed from the essential requirements of law and denied the Petitioner procedural due process by not allowing testimony about the distance the Petitioner walked to arrive at the location where the field sobriety tests were administered.
2. After a review of the Department’s Order, entered September 29, 1999, and the record, including the audio tape of the review hearing, the Court finds the Department’s Order conforms to the essential requirements of law and is supported by competent substantial evidence. Further, the Court finds that the Department’s Hearing Officer, who conducted the review hearing on the Petitioner’s driver’s license suspension, satisfied all procedural due process requirements.
It is therefore,
ORDERED AND ADJUDGED that the Petition For Writ Of Certiorari is DENIED.
DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this 29th day of June 2000.
CHARLES W. COPE
Circuit Judge, Appellate Division
Copies Furnished To:
Carl A. Johnston, Esquire
5445 West Mariner Street, Suite 112
Tampa, FL 33609
Attorney for Petitioner
Rafael A. Centurion, Esquire
Assistant General Counsel
Florida Dept. of Highway Safety & Motor Vehicles
2515 W. Flagler Street
Miami, FL 33135
Attorney for Respondent
Office of the Attorney General
2002 North Lois Avenue
Tampa, FL 33607
Staff Attorney, Appellate Division