Petition for Writ of Certiorari to Review Quasi-Judicial
Action, Department of Highway Safety and Motor Vehicles: DRIVER’S LICENSES – special supervision services
program – due process – driver did not avail himself of the appeal process
following his termination from SSS program for being “under the influence”
– driver cannot complain on appeal that he was denied due process when he
declined opportunity to dispute the reliability of alcohol test --Petition
denied. Titus v. Dept.
of Highway Safety and Motor Vehicles, No. 04-0049AP-88B (6th
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
APPELLATE
DIVISION
BRUCE E. TITUS,
Petitioner,
vs.
Appeal No. 04-0049AP-88B
UCN522004AP000049XXXXCV
STATE OF
HIGHWAY SAFETY AND MOTOR
VEHICLES,
DIVISION OF DRIVER LICENSES,
Respondent.
____________________________________________/
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 denied as set forth below.
The Petitioner, Bruce E. Titus
(Titus), seeks review of the Order of License Revocation, Suspension, or Cancellation,
entered June 3, 2004, in which the Respondent, Department of Highway Safety
and Motor Vehicles (Department), canceled Titus’ driving privilege indefinitely
for violating the conditions of the Special Supervision Services Program,
Suncoast Safety Council, Inc. 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 (
Other than the appealed order, there is no appendix attached to the Petition and the Petition does not contain any citations of authority in support of the argument that Titus was denied due process by the Department’s actions below. However, the Department’s Response, and attached appendix, clarifies that the Titus was enrolled in the Suncoast Safety Council DUI program as a condition of having a restricted driver’s license following revocation of his license for DUI. As stated in a letter sent to Titus by Suncoast, dated May 7, 2004, Titus was cancelled from the program after Titus appeared for a scheduled appointment, on May 5, 2004, at Suncoast “under the influence.” The Narrative Summary, apparently completed by Suncoast, provides that Titus had a breath alcohol level of .024%, .017%, and .017%. The letter specifically directs that “[y]ou have the right to appeal this decision at a DUI Program in another county and this is explained in Form HSMV 77018 which you received when you enrolled.” Titus was instructed to come into Suncoast’s office no later than May 17, 2004, to exercise his right to appeal
Titus chose not to avail himself of the appeal process,
which would have allowed Titus a face-to-face meeting with a second DUI program
that would have reviewed all the written documentation related to the issues
resulting in his termination from Suncoast’s program. See
Therefore, it is,
ORDERED AND ADJUDGED that the Petition for
Writ of Certiorari is denied.
DONE AND ORDERED in Chambers, at
___________________________________
DAVID A. DEMERS
Circuit Judge, Appellate Division
Copies furnished to:
Robert A. Love, Esquire
Post Office Box 55426
Jason Helfant, Assist. General Counsel
Bureau of Administrative Reviews