Petition for Writ of
Certiorari to Review Quasi-Judicial Action, Department of Highway Safety and
Motor Vehicles: DRIVER’S LICENSES – hardship license – suspension
from special supervision services (SSS) program – due process – Petitioner was
not denied due process by the SSS Program informing Petitioner that he did not
need an attorney for appeal hearing – record supported conclusion that
Petitioner violated terms of the SSS Program by testing positive for marijuana resulting
in revocation of hardship license - Petition denied.
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
APPELLATE DIVISION
WAYNE WILSON
Petitioner,
vs. Appeal No. 06-0096AP-88B
UCN522006AP000096XXXXCV
STATE OF
HIGHWAY SAFETY AND MOTOR VEHICLES,
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, Wayne Wilson (Wilson), seeks review of the cancellation of his
“Business Purpose Only” license, via a letter from the Respondent, Department
of Highway Safety and Motor Vehicles (Department), dated September 19,
2006. In reviewing the administrative
action taken by the Department, this Court must determine whether
The record shows that on September 12, 2006,
Before this Court,
Wilson argues that he was denied due process because he was told that he did
not need an attorney to represent him in his appeal, and that the Department’s
revocation of his hardship license is a departure from the essential
requirements of law and not supported by competent substantial evidence. The Court finds that there is nothing in the
record to support
The remaining
issues have no merit. There is nothing
in the record to support the argument that there was a departure from the
essential requirements of law or that the final decision is not supported by
competent substantial evidence.
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
_____________________________ _____________________________
PETER
RAMSBERGER AMY
M. WILLIAMS
Circuit Judge, Appellate Division Circuit Judge, Appellate Division
Copies furnished to:
Melissa A. Loesch, Esquire
Heather Rose Cramer, Assistant General Counsel
Dept. of Highway Safety & Motor Vehicles