Petition for Writ of Certiorari to Review Quasi-Judicial Action, Department of Highway Safety and Motor Vehicles:  DRIVER’S LICENSES – Traffic Stop – failure to maintain single lane – Department departed from the essential requirements of law by failing to invalidate traffic stop – there was not an objectively reasonable basis to conduct the traffic stop -- there was not competent substantial evidence that Petitioner’s vehicular movements created a danger to himself or other traffic – no evidence that officer suspected Petitioner was driving under the influence or that officer conducted traffic stop to determine if Petitioner was ill or tired -- Petition granted.  Nefe  v. Department of Highway Safety and Motor Vehicles, No: 51-2003-CA-2236ES (Fla. 6th Cir. App. Ct. November 21, 2004). 

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY

 

 

EUNICE L. NEFE,     

            Appellant

vs.                                                                    Case No: 51-2003-CA-2236-ES

                                                                         

 

STATE OF FLORIDA, DEPARTMENT

OF HIGHWAY SAFETY AND MOTOR

VEHICLES, DIVISION OF DRIVER LICENSES

 

            Appellee.

___________________/

 

ORDER GRANTING PETITION FOR WRIT OF CERTIORARI

            THIS CAUSE came before the Court on the Petition for Writ of Certiorari and the Response.  Upon consideration of the same, the record, and being otherwise fully advised, the Court finds that the Petition must be granted as set forth below.

            The Petitioner, EUNICE L. NEFE, (Nefe), seeks review of the Final Order of License Suspension, entered July 8, 2003, in which the hearing officer for the Respondent, Department of Highway Safety and Motor Vehicles (Department), concluded that Nefe's driving privilege was properly suspended for a period of eighteen months for driving under the influence (DUI).  In reviewing the Department’s order, this Court must determine (1) whether procedural due process had been accorded, (2) whether the essential requirements of law had been observed, and (3) whether the administrative findings and judgment were supported by competent substantial evidence.  See Vichich v. Department of Highway Safety and Motor Vehicles, 799 So.2d 1069, 1073 (Fla. 2d DCA 2001)(setting forth the standard of review for administrative action taken by the Department).  

            The record shows that on May 31, 2003, at approximately 7:36 p.m., Deputy Pittman of the Pasco County Sheriff’s Office, observed a vehicle pull right of the right line twice and left of the left line once.  Deputy Pittman activated his emergency equipment and initiated a traffic stop. Upon making contact with Nefe, Deputy Pittman  smelled the odor of alcohol and observed that her eyes were bloodshot and glassy.  Nefe agreed to a Field Sobriety Test.  Her performance indicated further clues of impairment and she was arrested for DUI. Nefe refused to take a breath test after being read Implied Consent.