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5 Florida opinions name it 1 courts 2010–2018 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Tynan v. DEPARTMENT OF HIGHWAY SAFETYgreen2 sentences2018The order on remand expressly stated it was remanding “solely to provide Petitioner a formal review hearing before an impartial hearing officer to take place within thirty (30) days of the date of the filing of this Opinion.” Id. (citing Tynan v, Dep’t of Highway Safety & Motor Vehicles, 909 So. 2d 991, 995 (Fla. 5th DCA 2005) (noting that since the Department failed to afford Petitioner due process, the Department had a right to conduct a hearing which met due process requirements)).2 It is this March 26, 2018 circuit court opinion that is before us for review in the instant petition. 2018The order on remand expressly stated it was remanding “solely to provide Petitioner a formal review hearing before an impartial hearing officer to take place within thirty (30) days of the date of the filing of this Opinion.” Id. (citing Tynan v, Dep’t of Highway Safety & Motor Vehicles, 909 So. 2d 991, 995 (Fla. 5th DCA 2005) (noting that since the Department failed to afford Petitioner due process, the Department had a right to conduct a hearing which met due process requirements)).2 It is this March 26, 2018 circuit court opinion that is before us for review in the instant petition. | 2 | 2 |
Department of Highway Safety and Motor Vehicles v. Snelsongreen1 sentence2013The Appellate Division also relied on Florida Administrative Code Rule 15A-6.009 to conclude that the words “before a hearing officer” in section 322.2615(6)(b) meant “in the hearing officer’s physical presence.” Rule 15A-6.009, however, provides that: “Hearings shall be held in the judicial circuit where the notice of suspension was issued, unless otherwise ordered by the hearing officer with the consent of the driver.” Notably, section 322.2615 offers no direction with respect to the venue of a formal review hearing; it does not expressly authorize a hearing officer to convene a hearing “in | 1 | 1 |
State v. Friedrichgreen1 sentence2010In order to be admissible, the Department must establish that the breath test administered to determine the blood-alcohol level was performed substantially according to the pertinent statutes and the methods approved by the Florida Department of Law Enforcement (“FDLE”), which are promulgated in the Florida Administrative Code. § 316.1932(1)(b)2., Fla. Stat. (2005); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So.2d 141, 144 (Fla. 2d DCA), review denied, 835 So.2d 269 (Fla.2002); Dep’t of Highway Safety & Motor Vehicles v. Russell, 793 So.2d 1073, 1075 (Fla. 5th DCA 2001) | 1 | 1 |
DHSMV v. Allistongreen1 sentence2010In order to be admissible, the Department must establish that the breath test administered to determine the blood-alcohol level was performed substantially according to the pertinent statutes and the methods approved by the Florida Department of Law Enforcement (“FDLE”), which are promulgated in the Florida Administrative Code. § 316.1932(1)(b)2., Fla. Stat. (2005); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So.2d 141, 144 (Fla. 2d DCA), review denied, 835 So.2d 269 (Fla.2002); Dep’t of Highway Safety & Motor Vehicles v. Russell, 793 So.2d 1073, 1075 (Fla. 5th DCA 2001) | 1 | 1 |
DEPT. OF HIGHWAY SAFETY v. Russellgreen1 sentence2010In order to be admissible, the Department must establish that the breath test administered to determine the blood-alcohol level was performed substantially according to the pertinent statutes and the methods approved by the Florida Department of Law Enforcement (“FDLE”), which are promulgated in the Florida Administrative Code. § 316.1932(1)(b)2., Fla. Stat. (2005); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So.2d 141, 144 (Fla. 2d DCA), review denied, 835 So.2d 269 (Fla.2002); Dep’t of Highway Safety & Motor Vehicles v. Russell, 793 So.2d 1073, 1075 (Fla. 5th DCA 2001) | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Deerfield Beach v. Vaillant
green
1 sentence2015Even a driver’s failure to appear at his own hearing .will be excused unless “the hearing officer finds such failure to be without just cause.” Id. § 322.2615(6)(b). | 1 | 2015–2015 |
Department of Highway Safety and Motor Vehicles v. Mowry
green
1 sentence2010In a formal review hearing,; the Department is only required to establish an unlawful blood-alcohol level by a preponderance of the evidence. § 322.2615(7)(a)3., Fla. Stat. (2005); Mowry, 794 So.2d at 658 . | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.