Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Boulineau v. Department of Highway Safety and Motor Vehicles

Florida Court of Appeals, First District

May 18, 2018

Adam B. Boulineau, Petitioner,
v.
Department of Highway Safety and Motor Vehicles, Respondent.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          Petition for Writ of Certiorari.

          Susan Z. Cohen and David M. Robbins of Espstein & Robbins, Jacksonville, for Petitioner.

          Christie S. Utt, General Counsel, and Mark L. Mason, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Respondent.

          Bilbrey, J.

         Petitioner seeks second-tier certiorari review of the circuit court's order denying first-tier certiorari relief from the final order of the Department of Highway Safety and Motor Vehicles (DHSMV). DHSMV had affirmed the revocation of Petitioner's driver's license for a period of five years, under the terms of section 322.28(2)(a)2., Florida Statutes (2013). Our standard for second-tier certiorari review of the circuit court's order is limited to "(1) whether the lower tribunal afforded procedural due process and (2) whether the lower tribunal applied the correct law." Wiggins v. Fla. Dep't of Highway Safety & Motor Vehicles, 209 So.3d 1165, 1171 (Fla. 2017). Petitioner does not assert any challenge to the process he was afforded. Because the circuit court applied the correct law, we deny the writ.

          The pertinent facts are not in dispute. Petitioner was arrested on two separate occasions for driving under the influence, in violation of section 316.193, Florida Statutes. The first arrest occurred on October 5, 2013, and the second on October 16, 2013. After accepting pleas in both cases, the court convicted Petitioner of both offenses on November 21, 2013. Upon the conviction for the offense committed October 16, 2013, DHSMV revoked Petitioner's driver's license for five years, pursuant to section 322.28(2)(a)2., Florida Statues.

         At each opportunity for review, Petitioner challenged the duration of the revocation contending that section 322.28(2)(a)2. did not apply to the sequence of events in his case. It provides:

322.28 Period of suspension or revocation.-
* * *
(2) In a prosecution for a violation of s. 316.193 . . . the following provisions apply:
(a) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver license or driving privilege of the person so convicted, effective on the date of conviction, and shall prescribe the period of such revocation in accordance with the following provisions:
* * *
2. Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 . . . the driver license or driving ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.