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eBook details

• Title: State v. Anthol
• Author : Florida Court of Appeals
• Release Date : January 11, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

The State of Florida, Department of Highway Safety, seeks certiorari review of a circuit court order quashing the Departments order upholding the suspension of Michelle A. Anthols drivers license resulting from her arrest for driving with an unlawful blood-alcohol level. The circuit court found that the administrative hearing officer improperly considered an unsworn report prepared by the Florida Department of Law Enforcement containing the results of Anthols blood- alcohol test. The circuit court based its finding on the fact that the FDLE report was not in conformity with FDLE Form 15, a blood-alcohol analysis affidavit requiring the analysts signature to be notarized. We conclude that the circuit court misconstrued section 322.2615, Florida Statutes (1997), and Florida Administrative Code Rule 15A-6.013, which govern the admissibility of reports at administrative review hearings for license suspensions. Because the circuit courts written decision could affect many other administrative proceedings involving the suspension of drivers licenses, we grant certiorari relief. See Haines City Community Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995); Department of Highway Safety & Motor Vehicles v. Green, 702 So. 2d 584, 585 (Fla. 2d DCA 1997); State, Dept of Highway Safety & Motor Vehicles v. Shonyo, 659 So. 2d 352, 353 (Fla. 2d DCA 1995).

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