Adam B. Boulineau, Petitioner,
Department of Highway Safety and Motor Vehicles, Respondent.
final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
Petition for Writ of Certiorari.
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.
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.
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
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 ...