Petition for Writ of
Certiorari to Review Quasi-Judicial Action, Department of Highway Safety and
Motor Vehicles: DRIVER’S LICENSES – traffic stop – invalid
sign – although “no right turn on red” sign was invalid, officer still
articulated a lawful basis for stop – Petitioner failed to come to a complete
stop before entering the intersection in violation of Florida Statutes, §
316.075(c)(1) - Petition denied. Phillips v. Dept. of Highway Safety and Motor
Vehicles, No. 05-0077AP-88B (
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
APPELLATE DIVISION
DONALD L. PHILLIPS, JR.,
Petitioner,
vs. Appeal No. 05-0077AP-88B
UCN522005AP000077XXXXCV
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, the Response and the
Reply. 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, Donald L. Phillips (Phillips), seeks review of the Final Order of
License Suspension, entered August 26, 2005, in which the Respondent,
Department of Highway Safety and Motor Vehicles (Department), suspended Phillips
driving privilege for a period of one year for driving under the
influence. In reviewing the Final Order
and the administrative action taken by the Department, this Court must
determine whether Phillip’s was afforded procedural due process, whether the
essential requirements of law were observed, and whether the Department’s
findings and judgment are supported by competent substantial evidence. See Vichich v. Department of
Highway Safety and Motor Vehicles, 799 So.2d 1069, 1073 (
The record shows that, on May 26, 2005, Officer Tran, of the Largo Police Department, conducted a traffic stop of Phillips after observing his vehicle make a right hand turn where a “no right turn on red” sign was posted. Upon making contact with Phillips, Officer Tran noticed several signs of impairment, including that Phillips had the odor of alcohol, that his eyes were bloodshot and watery, and that his balance was poor. Officer Martens, of the same agency, arrived to conduct a DUI investigation. Phillips performed poorly on the field sobriety tests and was arrested for DUI. The results of the breath tests showed an unlawful breath alcohol level of .206g/210L and .218g/210L. Officer Tran also issued a citation to Phillips for running a red light in violation of Florida Statutes, § 316.074(1).[1] After a formal review hearing, Phillips’ license suspension for DUI was sustained.
On appeal, Phillips argues that the hearing officer erred in sustaining his license suspension as the traffic sign, upon which the traffic stop was premised, was invalid resulting in an unlawful traffic stop. In reviewing this issue, the Court finds that the undisputed testimony during the hearing established that the subject “no right turn on red” sign was invalid and has since been removed from that location. Further, the traffic citation issued to Phillips for the unlawful turn has likewise been invalidated.
However, Officer Tran’s undisputed
testimony during the formal review hearing was that Phillips’ vehicle slowed
down, but never came to a complete stop:
“There was a sign posted, ‘no turn on red,’ so with the fact that the
vehicle did not stop and proceeded through the intersection while the light was
red, I then . . . conducted the traffic stop.”
Hence, notwithstanding the unlawfulness of the sign, Officer Tran still
had a lawful basis to conduct the traffic stop since Phillips violated Florida
Statutes, § 316.075(c)(1),[2]
which requires a vehicle to come to a complete stop before entering the
intersection with a red stop light. See
e.g. State v. Robinson, 756 So.2d 249, 250 (
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
_____________________________ _____________________________
PETER
RAMSBERGER ANTHONY
RONDOLINO
Circuit Judge, Appellate Division Circuit Judge, Appellate Division
Copies furnished to:
J. Kevin Hayslett, Esquire
Jason Helfant, Assistant General Counsel
Dept. of Highway Safety & Motor Vehicles
Bureau of Administrative Reviews
[1] The section states: “The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.”
[2] In pertinent part, this section states: “Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown.”