Petition for Writ of
Certiorari to Review Quasi-Judicial Action, Department of Highway Safety and
Motor Vehicles: DRIVER’S LICENSES – traffic stop – officer had
objective reason to conduct traffic stop – officer observed that vehicle was
forced to take evasive action due to Petitioner’s driving behavior – hearing
officer charged with resolving time discrepancies between breath test affidavit
and arrest affidavit as to when Petitioner was arrested - Petition denied. Rodriguez v. Dept. of Highway
Safety and Motor Vehicles, No. 05-0097AP-88B (
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
APPELLATE DIVISION
JASON R. RODRIGUEZ,
Petitioner,
vs. Appeal No. 05-0097AP-88B
UCN522005AP000097XXXXCV
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, Jason R. Rodriguez (Rodriguez), seeks review of the Final Order of
License Suspension, entered November 4, 2005, in which the Respondent,
Department of Highway Safety and Motor Vehicles (Department), suspended Rodriguez’s
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 Rodriguez 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 September
16, 2005, at approximately 2:17 a.m., Officer Weaver, of the Pinellas Park
Police Department, was traveling northbound on
Before this Court, Rodriguez argues that the license suspension should have been set aside because there was not a lawful basis to conduct a traffic stop and that there was insufficient evidence of a refusal due to time discrepancies between the breath test affidavit and the arrest affidavit. In reviewing the first issue, the Court finds that Officer Weaver had an objectively reasonable basis for conducting a traffic stop. See Dobrin v. Dept. of Highway Safety and Motor Vehicles, 874 So.2d 1171, 1174 (Fla. 2004)(stating that the test to be applied by the circuit court in conducting certiorari review is whether the particular officer who initiated the traffic stop had an objectively reasonable basis for making the stop). It is undisputed that Officer Weaver observed that the white pick-up truck was forced to take evasive action to avoid being struck by Rodriguez. Hence, Officer Weaver had probable cause to conduct a traffic stop of Rodriguez for his failure to operate his vehicle in a careful and prudent manner, in violation of Florida Statutes, § 316.1925, careless driving. See Department of Highway Safety and Motor Vehicles v. Smith, 687 So.2d 30, 33 (Fla. 1st DCA 1997)(explaining that probable cause exists where the facts and circumstances, as analyzed from the officer’s knowledge, special training and practical experience, are sufficient for a reasonable man to reach the conclusion that an offense has been committed); see also Murray v. Department of Highway Safety and Motor Vehicles, 12 Fla. L. Weekly Supp. 187 (Fla. 6th Cir. App. Ct. Aug. 24, 2004)(denying certiorari relief where record showed that driver, who was stopped for careless driving, was “power braking” causing another vehicle to take evasive action).
In addressing the second issue, the Court finds that there are time discrepancies between the breath test affidavit and the arrest affidavit as to when Rodriguez was arrested and when he refused to take the breath test. Officer Weaver acknowledged those discrepancies during the formal review hearing and clarified the relevant times. The Court finds that the hearing officer, as the trier of fact, was charged with resolving any conflicts in the evidence. The Court cannot reweigh the evidence nor substitute its judgment for that of the hearing officer. See Department of Highway Safety and Motor Vehicles v. Satter, 643 So.2d 692, 695 (Fla. 5th DCA 1994).
Therefore, it is,
ORDERED
AND ADJUDGED that the Petition for Writ of
Certiorari is denied.
DONE
AND ORDERED in Chambers, at
______________________________
LAUREN
LAUGHLIN
Circuit Judge, Appellate Division
_____________________________ _____________________________
PETER
RAMSBERGER ANTHONY
RONDOLINO
Circuit Judge, Appellate Division Circuit Judge, Appellate Division
Copies furnished to:
J. Kevin Hayslett, Esquire
Carlos J. Raurell, Assistant General Counsel
Dept. of Highway Safety & Motor Vehicles
Bureau of Administrative Reviews