IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
APPELLATE DIVISION

CLARK SPENCER BRIST,

            Petitioner,

vs.                                                                                                        Appeal No. 99-7285-CI-88A

STATE OF FLORIDA, DEPARTMENT
OF HIGHWAY SAFETY & MOTOR VEHICLES,

            Respondent.

____________________________________/

ORDER DENYING PETITION FOR WRIT OF CERTIORARI

            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

Seventh Floor

Tampa, FL  33607

Staff Attorney, Appellate Division