Florida Statute 322.2615 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.2615

322.2615 Suspension of license; right to review.—

(1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level. The officer shall take the person’s driver license and issue the person a 10-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension. If a blood test has been administered, the officer or the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall suspend the person’s driver license pursuant to subsection (3).

(b) The suspension under paragraph (a) shall be pursuant to, and the notice of suspension shall inform the driver of, the following:

1.a. The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test; or

b. The driver was driving or in actual physical control of a motor vehicle and had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher and his or her driving privilege is suspended for a period of 6 months for a first offense or for a period of 1 year if his or her driving privilege has been previously suspended under this section.

2. The suspension period shall commence on the date of issuance of the notice of suspension.

3. The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7).

4. The temporary permit issued at the time of suspension expires at midnight of the 10th day following the date of issuance of the notice of suspension.

5. The driver may submit to the department any materials relevant to the suspension.

(2)(a) Except as provided in paragraph (1)(a), the law enforcement officer shall forward to the department, within 5 days after issuing the notice of suspension, the driver license; an affidavit stating the officer’s grounds for belief that the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances; the results of any breath or blood test or an affidavit stating that a breath, blood, or urine test was requested by a law enforcement officer or correctional officer and that the person refused to submit; the officer’s description of the person’s field sobriety test, if any; and the notice of suspension. The failure of the officer to submit materials within the 5-day period specified in this subsection and in subsection (1) does not affect the department’s ability to consider any evidence submitted at or prior to the hearing.

(b) The officer may also submit a copy of the crash report and a copy of a video recording of the field sobriety test or the attempt to administer such test. Materials submitted to the department by a law enforcement agency or correctional agency shall be considered self-authenticating and shall be in the record for consideration by the hearing officer. Notwithstanding s. 316.066(4), the crash report shall be considered by the hearing officer.

(3) If the department determines that the license should be suspended pursuant to this section and if the notice of suspension has not already been served upon the person by a law enforcement officer or correctional officer as provided in subsection (1), the department shall issue a notice of suspension and, unless the notice is mailed pursuant to s. 322.251, a temporary permit that expires 10 days after the date of issuance if the driver is otherwise eligible.

(4) If the person whose license was suspended requests an informal review pursuant to subparagraph (1)(b)3., the department shall conduct the informal review by a hearing officer designated by the department. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforcement officer or correctional officer and by the person whose license was suspended, and the presence of an officer or witness is not required.

(5) After completion of the informal review, notice of the department’s decision sustaining, amending, or invalidating the suspension of the driver license of the person whose license was suspended must be provided to such person. Such notice must be mailed to the person at the last known address shown on the department’s records, or to the address provided in the law enforcement officer’s report if such address differs from the address of record, within 21 days after the expiration of the temporary permit issued pursuant to subsection (1) or subsection (3).

(6)(a) If the person whose license was suspended requests a formal review, the department must schedule a hearing within 30 days after such request is received by the department and must notify the person of the date, time, and place of the hearing.

(b) Such formal review hearing shall be held before a hearing officer designated by the department, and the hearing officer shall be authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers and witnesses identified in documents provided under paragraph (2)(a), regulate the course and conduct of the hearing, question witnesses, and make a ruling on the suspension. The hearing officer may conduct hearings using communications technology. The party requesting the presence of a witness shall be responsible for the payment of any witness fees and for notifying in writing the state attorney’s office in the appropriate circuit of the issuance of the subpoena. If the person who requests a formal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived and the suspension shall be sustained.

(c) The failure of a subpoenaed witness to appear at the formal review hearing is not grounds to invalidate the suspension. If a witness fails to appear, a party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides or by filing a motion for enforcement in any criminal court case resulting from the driving or actual physical control of a motor vehicle that gave rise to the suspension under this section. A failure to comply with an order of the court shall result in a finding of contempt of court. However, a person is not in contempt while a subpoena is being challenged.

(d) The department must, within 7 working days after a formal review hearing, send notice to the person of the hearing officer’s decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension.

(7) In a formal review hearing under subsection (6) or an informal review hearing under subsection (4), the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review shall be limited to the following issues:

(a) If the license was suspended for driving with an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher:

1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.

2. Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in s. 316.193.

(b) If the license was suspended for refusal to submit to a breath, blood, or urine test:

2. Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.

3. Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.

(8) Based on the determination of the hearing officer pursuant to subsection (7) for both informal hearings under subsection (4) and formal hearings under subsection (6), the department shall:

(a) Sustain the suspension of the person’s driving privilege for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such tests, if the person refused to submit to a lawful breath, blood, or urine test. The suspension period commences on the date of issuance of the notice of suspension.

(b) Sustain the suspension of the person’s driving privilege for a period of 6 months for a blood-alcohol level or breath-alcohol level of 0.08 or higher, or for a period of 1 year if the driving privilege of such person has been previously suspended under this section as a result of driving with an unlawful alcohol level. The suspension period commences on the date of issuance of the notice of suspension.

(9) A request for a formal review hearing or an informal review hearing shall not stay the suspension of the person’s driver license. If the department fails to schedule the formal review hearing within 30 days after receipt of the request therefor, the department shall invalidate the suspension. If the scheduled hearing is continued at the department’s initiative or the driver enforces the subpoena as provided in subsection (6), the department shall issue a temporary driving permit that shall be valid until the hearing is conducted if the person is otherwise eligible for the driving privilege. Such permit may not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only.

(10) A person whose driver license is suspended under subsection (1) or subsection (3) may apply for issuance of a license for business or employment purposes only if the person is otherwise eligible for the driving privilege pursuant to s. 322.271.

(a) If the suspension of the driver license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the expiration of the last temporary permit issued. If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension for failure to submit to a breath, urine, or blood test is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 90 days have elapsed from the date of the suspension.

(b) If the suspension of the driver license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued. If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 30 days have elapsed from the date of the suspension.

(11) The formal review hearing may be conducted upon a review of the reports of a law enforcement officer or a correctional officer, including documents relating to the administration of a breath test or blood test or the refusal to take either test or the refusal to take a urine test. However, as provided in subsection (6), the driver may subpoena the officer or any person who administered or analyzed a breath or blood test. If the arresting officer or the breath technician fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the suspension.

(12) The formal review hearing and the informal review hearing are exempt from the provisions of chapter 120. The department may adopt rules for the conduct of reviews under this section.

(13) A person may appeal any decision of the department sustaining a suspension of his or her driver license by a petition for writ of certiorari to the circuit court in the county wherein such person resides or wherein a formal or informal review was conducted pursuant to s. 322.31. However, an appeal shall not stay the suspension. A law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of certiorari to the circuit court in the county wherein a formal or informal review was conducted. This subsection shall not be construed to provide for a de novo review.

(14)(a) The decision of the department under this section or any circuit court review thereof may not be considered in any trial for a violation of s. 316.193, and a written statement submitted by a person in his or her request for departmental review under this section may not be admitted into evidence against him or her in any such trial.

(b) The disposition of any related criminal proceedings does not affect a suspension for refusal to submit to a blood, breath, or urine test imposed under this section.

(15) If the department suspends a person’s license under s. 322.2616, it may not also suspend the person’s license under this section for the same episode that was the basis for the suspension under s. 322.2616.

(16) The department shall invalidate a suspension for driving with an unlawful blood-alcohol level or breath-alcohol level imposed under this section if the suspended person is found not guilty at trial of an underlying violation of s. 316.193.

History.—s. 1, ch. 89-525; s. 4, ch. 90-329; s. 20, ch. 91-255; s. 5, ch. 93-124; s. 414, ch. 95-148; s. 2, ch. 95-186; s. 2, ch. 96-272; s. 11, ch. 96-330; s. 38, ch. 97-96; s. 43, ch. 99-248; s. 14, ch. 2001-196; ss. 20, 85, ch. 2005-164; s. 45, ch. 2006-290; s. 45, ch. 2007-5; s. 6, ch. 2010-163; s. 35, ch. 2010-223; s. 48, ch. 2013-15; s. 57, ch. 2013-160.

F.S. 322.2615 on Google Scholar

F.S. 322.2615 on CourtListener

Amendments to 322.2615

Annotations, Discussions, Cases:

Cases Citing Statute 322.2615

Total Results: 156

STATE, DEPT. OF HWY. SAFETY v. DeShong

603 So. 2d 1349, 1992 WL 193001

District Court of Appeal of Florida | Filed: Aug 14, 1992 | Docket: 1475998

Cited 22 times | Published

test after failing a field sobriety test. See § 322.2615, Fla. Stat. (Supp. 1990). That suspension was

DHSMV v. Alliston

813 So. 2d 141, 2002 WL 384310

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 403669

Cited 20 times | Published

suspended his driving privileges pursuant to section 322.2615(1)(a), Florida Statutes (2000). Mr. Alliston

Conahan v. DEPT. OF HWY. SAFETY AND MOTOR VEHICLES

619 So. 2d 988, 1993 WL 135695

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 1381910

Cited 17 times | Published

only bears on admissibility of test). Also, section 322.2615(7), Florida Statutes (1991), specifically

DEPT. OF HWY. SAF. & MOTOR VEH. v. Favino

667 So. 2d 305, 1995 WL 566025

District Court of Appeal of Florida | Filed: Sep 27, 1995 | Docket: 1511476

Cited 15 times | Published

automatically upon his refusal to submit to a field test. § 322.2615, Fla. Stat. (1993). The Department's hearing

Crain v. State

914 So. 2d 1015, 2005 WL 3076606

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781519

Cited 14 times | Published

document satisfied affidavit requirement of section 322.2615(2), Florida Statutes). Although not argued

State v. Slaney

653 So. 2d 422, 1995 WL 119071

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 551966

Cited 13 times | Published

effective immediately upon such refusal, see § 322.2615, Fla. Stat. (1991); further, the refusal to take

Freeman v. State

611 So. 2d 1260, 1992 WL 317846

District Court of Appeal of Florida | Filed: Nov 6, 1992 | Docket: 1699929

Cited 13 times | Published

seized by their arresting officer pursuant to section 322.2615, Florida Statutes (1991). Motions to dismiss

Davidson v. MacKinnon

656 So. 2d 223, 1995 WL 325955

District Court of Appeal of Florida | Filed: Jun 2, 1995 | Docket: 1283715

Cited 12 times | Published

administrative proceeding was conducted pursuant to section 322.2615, Florida Statutes (1995), and his driver's

State, Department of Highway Safety & Motor Vehicles v. Edenfield

58 So. 3d 904, 2011 Fla. App. LEXIS 3212, 2011 WL 1225684

District Court of Appeal of Florida | Filed: Mar 10, 2011 | Docket: 60299543

Cited 9 times | Published

inspection reports, this court in Lee cited section 322.2615, Florida Statutes, which gives a driver the

Florida Department of Highway Safety & Motor Vehicles v. Hernandez

74 So. 3d 1070, 2011 WL 2224791

Supreme Court of Florida | Filed: Nov 10, 2011 | Docket: 2358477

Cited 8 times | Published

Highway Safety and Motor Vehicles (DHSMV) under section 322.2615, Florida Statutes (2006),1 for the refusal

Jackson v. State

881 So. 2d 666, 2004 WL 1906099

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1748859

Cited 8 times | Published

92.525 is not affidavit within meaning of section 322.2615(2), if not attested to before an officer authorized

STATE, DEPT. OF HIGHWAY SAFETY v. Porter

791 So. 2d 32, 2001 WL 468117

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 1655808

Cited 8 times | Published

the writ and quash the order. Pursuant to section 322.2615(1)(a), Florida Statutes (1997), Pasco County

Department of Highway Safety and Motor Vehicles v. Perry

751 So. 2d 1277, 2000 Fla. App. LEXIS 2932, 2000 WL 282487

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1310123

Cited 8 times | Published

include an affidavit of refusal pursuant to section 322.2615(2), Florida Statutes (1999). Under the circumstances

State v. Murray

644 So. 2d 533, 1994 WL 524298

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 1248284

Cited 8 times | Published

HIS DRIVING PRIVILEGES SUSPENDED PURSUANT TO § 322.2615? We accepted jurisdiction pursuant to rule 9

DEPT. OF HWY. SAFETY v. Stewart

625 So. 2d 123, 1993 WL 407993

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517591

Cited 8 times | Published

the constitutionality or the fairness of the section 322.2615 hearing procedure. In several of these *124

Gomez v. State

621 So. 2d 578, 1993 WL 277088

District Court of Appeal of Florida | Filed: Jul 27, 1993 | Docket: 2571690

Cited 8 times | Published

conduct, by the arresting officer pursuant to section 322.2615, Florida Statutes (1991). See Smith v. City

STATE, DEPT. OF HWY. SAF. AND MOTOR VEHICLES v. Whitley

846 So. 2d 1163, 2003 WL 2002772

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1709853

Cited 7 times | Published

pursuant to section 322.2615(6), Florida Statutes (2000). In accordance with section 322.2615(7), which

Department of Highway Safety and Motor Vehicles v. Mowry

794 So. 2d 657, 2001 Fla. App. LEXIS 9868, 2001 WL 814953

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1473001

Cited 7 times | Published

driving privilege was suspended pursuant to section 322.2615(1)(a), Florida Statutes (1999). Mowry requested

Department of Highway Safety v. Dean

662 So. 2d 371, 1995 Fla. App. LEXIS 9960, 1995 WL 556940

District Court of Appeal of Florida | Filed: Sep 22, 1995 | Docket: 1683401

Cited 7 times | Published

sitting in its appellate capacity, pursuant to section 322.2615(13), Florida Statutes (1993). The lower court

Department of Highway Safety and Motor Vehicles v. Roberts

938 So. 2d 513, 2006 Fla. App. LEXIS 4222, 2006 WL 733970

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1253979

Cited 6 times | Published

after he refused to submit to a breath test. Section 322.2615(7)(b) provides that at such a hearing, the

Department of Highway Safety and Motor Vehicles v. Silva

806 So. 2d 551, 2002 Fla. App. LEXIS 103, 2002 WL 21695

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1345632

Cited 6 times | Published

paperwork with the Department pursuant to section 322.2615(2), Florida Statutes (1999), and Florida Administrative

STATE, DEPT. OF HIGHWAY SAFETY v. Chamizo

753 So. 2d 749, 2000 WL 293827

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1729013

Cited 6 times | Published

180, all well above the legal limit of .08. See § 322.2615(1)(a), Fla. Stat. (1997). Under the statute,

STATE, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Prue

701 So. 2d 637, 1997 Fla. App. LEXIS 12723, 1997 WL 716873

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 1736664

Cited 6 times | Published

suspended her driving privilege pursuant to section 322.2615(1)(a), Florida Statutes (1995). The arresting

Department of Highway Safety & Motor Vehicles v. Nader

4 So. 3d 705, 2009 Fla. App. LEXIS 1436, 2009 WL 416522

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1666827

Cited 5 times | Published

sought certiorari review in the circuit court, see § 322.2615(13), arguing again that the implied consent warnings

McLaughlin v. Department of Highway Safety & Motor Vehicles

2 So. 3d 988, 2008 Fla. App. LEXIS 17549, 2008 WL 4891047

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1644037

Cited 5 times | Published

in a post-suspension hearing authorized by section 322.2615, Florida Statutes (2006). I. BACKGROUND On

DHSMV v. Pelham

979 So. 2d 304, 2008 WL 678683

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1407102

Cited 5 times | Published

license because of the 2006 amendments to section 322.2615, Florida Statutes (2007). As a result of these

DEPARTMENT OF HIGHWAY SAFETY v. DeGroot

971 So. 2d 237, 2008 WL 53540

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731674

Cited 5 times | Published

DeGroot's driving privilege was suspended. See § 322.2615(1)(a), Fla. Stat. (2006). At an administrative

Tynan v. DEPARTMENT OF HIGHWAY SAFETY

909 So. 2d 991, 2005 WL 2175462

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1199189

Cited 5 times | Published

Tynan requested a formal hearing, pursuant to section 322.2615 Florida Statutes. A hearing was conducted

DEPARTMENT OF HIGHWAY SAFETY v. Currier

824 So. 2d 966, 2002 WL 1899994

District Court of Appeal of Florida | Filed: Aug 20, 2002 | Docket: 1435186

Cited 5 times | Published

on an HO in a license-suspension hearing. Section 322.2615(7), Florida Statutes (2001), directs the HO

DEP'T OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Dehart

799 So. 2d 1079, 2001 Fla. App. LEXIS 13883, 2001 WL 1174334

District Court of Appeal of Florida | Filed: Oct 5, 2001 | Docket: 1278228

Cited 5 times | Published

privileges were automatically suspended pursuant to section 322.2615(1)(a) of the Florida Statutes (1999). The

State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews v. Fernandez

114 So. 3d 266, 2013 WL 1316432, 2013 Fla. App. LEXIS 5379

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60231826

Cited 4 times | Published

was suspended administratively pursuant to section 322.2615, Florida Statutes (2011).1 Fernandez requested

Nader v. Florida Department of Highway Safety & Motor Vehicles

87 So. 3d 712, 37 Fla. L. Weekly Supp. 130, 2012 WL 572985, 2012 Fla. LEXIS 428

Supreme Court of Florida | Filed: Feb 23, 2012 | Docket: 60308037

Cited 4 times | Published

conjunction with the implied consent law, section 322.2615, Florida Statutes (2007), addresses the consequence

DEPARTMENT OF HIGHWAY SAFETY v. Stenmark

941 So. 2d 1247, 2006 WL 3330606

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 431866

Cited 4 times | Published

Department's suspension of her driver's license. See § 322.2615, Fla. Stat. (2004). At the hearing, Stenmark

STATE, DEPT. OF HIGHWAY SAFETY v. Griffin

909 So. 2d 538

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1199632

Cited 4 times | Published

hearing officers, in formal hearings pursuant to section 322.2615(6), Florida *540 Statutes, violates the due

DMV v. Patrick

895 So. 2d 1131, 2005 WL 264121

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 1255348

Cited 4 times | Published

appropriate notice. Subsections (4) and (5) of section 322.2615 provide for informal review of the suspension

DEPT. OF HIGHWAY SAFETY v. Pitts

815 So. 2d 738, 2002 WL 825944

District Court of Appeal of Florida | Filed: May 2, 2002 | Docket: 1277688

Cited 4 times | Published

upholding the license suspension. Pursuant to section 322.2615(13), Florida Statutes (2000), Pitts sought

DEPARTMENT OF HIGHWAY SAFETY v. Nikollaj

780 So. 2d 943, 2001 WL 173285

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1708728

Cited 4 times | Published

suspended pursuant to section 322.2615, Florida Statutes. Pursuant to section 322.2615(1)(b)(3), respondent

Department of Highway Safety & Motor Vehicles v. Smith

687 So. 2d 30, 1997 Fla. App. LEXIS 43, 1997 WL 7291

District Court of Appeal of Florida | Filed: Jan 6, 1997 | Docket: 1718752

Cited 4 times | Published

automatic driver's license suspension pursuant to section 322.2615(1)(a), Florida Statutes (1993). After the

DEPT. OF HIGHWAY SAFETY v. Satter

643 So. 2d 692, 1994 WL 559635

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 137201

Cited 4 times | Published

suspended her license for one year. Pursuant to § 322.2615(6)(a),[4] Florida Statutes, Satter sought a formal

ST. DEPT., HIGHWAY SAFETY v. Padilla

629 So. 2d 180, 1993 WL 442273

District Court of Appeal of Florida | Filed: Nov 2, 1993 | Docket: 1264216

Cited 4 times | Published

of Sheryl Padilla's driver's license under section 322.2615, Florida Statutes (1991). Padilla petitioned

McLaughlin v. Department of Highway Safety & Motor Vehicles

128 So. 3d 815, 2012 WL 752355, 2012 Fla. App. LEXIS 3776

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 60237162

Cited 3 times | Published

McLaughlin’s driver’s license suspension under section 322.2615(l)(a), Florida Statutes (2006), for failing

Hernandez v. DHSMV

995 So. 2d 1077, 2008 WL 4949320

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1684900

Cited 3 times | Published

that the scope of the hearing, pursuant to section 322.2615, Florida Statutes (2007), would be limited

STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Possati

866 So. 2d 737, 2004 WL 306037

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1680251

Cited 3 times | Published

His driver's license was suspended under section 322.2615(1)(a), Florida Statutes (2001).[1] Possati

STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Possati

866 So. 2d 737, 2004 WL 306037

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1680251

Cited 3 times | Published

His driver's license was suspended under section 322.2615(1)(a), Florida Statutes (2001).[1] Possati

DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Swegheimer

847 So. 2d 545, 2003 Fla. App. LEXIS 6883, 2003 WL 21032013

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1290193

Cited 3 times | Published

correct law. In a formal review pursuant to section 322.2615(7), Florida Statutes, the hearing officer

Department of Highway Safety and Motor Vehicles v. Cochran

798 So. 2d 761, 2001 WL 907869

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1244807

Cited 3 times | Published

his license suspension in accordance with section 322.2615(1)(b)(3), Florida Statutes (1999). At the

DEPT. OF HIGHWAY SAFETY v. Riggen

654 So. 2d 221, 1995 WL 232516

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1710339

Cited 3 times | Published

driver's license was suspended pursuant to section 322.2615, Florida Statutes (1993). An administrative

DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. McGill

616 So. 2d 1212, 1993 Fla. App. LEXIS 4516, 1993 WL 125163

District Court of Appeal of Florida | Filed: Apr 23, 1993 | Docket: 1726647

Cited 3 times | Published

affidavit") and, pursuant to the provisions of section 322.2615, *1213 Florida Statutes, respondent's driver's

Department of Highway Safety & Motor Vehicles v. Ivey

73 So. 3d 877, 2011 Fla. App. LEXIS 17873, 2011 WL 5416499

District Court of Appeal of Florida | Filed: Nov 10, 2011 | Docket: 2352441

Cited 2 times | Published

requested to do so by a law enforcement officer. See § 322.2615, Fla. Stat. (2010). It was the second time she

State, Department of Highway Safety & Motor Vehicles v. Freeman

63 So. 3d 23, 2011 Fla. App. LEXIS 5551, 2011 WL 1485968

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2362128

Cited 2 times | Published

in Nader to be persuasive for purposes of section 322.2615 when a driver is warned that driving privileges

Department of Highway Safety and Motor Vehicles v. Maffett

1 So. 3d 1286, 2009 Fla. App. LEXIS 1435, 2009 WL 416618

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 2586483

Cited 2 times | Published

with this opinion, we have concluded that section 322.2615(6)(b), Florida Statutes (2007), and related

Gupton v. DEPARTMENT OF HIGHWAY SAFETY

987 So. 2d 737, 2008 Fla. App. LEXIS 9928, 2008 WL 2605177

District Court of Appeal of Florida | Filed: Jul 3, 2008 | Docket: 1393318

Cited 2 times | Published

Vehicles, 619 So.2d 988 (Fla. 5th DCA 1993). Section 322.2615(2), Florida Statutes (2007), requires the

DEPT. OF HIGHWAY SAFETY v. Boesch

979 So. 2d 1024, 2008 WL 583895

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1359178

Cited 2 times | Published

witnesses, and make a ruling on the suspension." § 322.2615(6)(b), Fla. Stat. (2006) (emphasis added). Third

State v. Garcia

935 So. 2d 542, 2006 WL 1751309

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1245085

Cited 2 times | Published

suspension. See § 322.2615(1)(a), Fla. Stat. (2005). Thereafter, pursuant to section 322.2615(1)(b)(3), Florida

STATE, DEPT. OF HIGHWAY SAFETY v. Pipkin

927 So. 2d 901, 2005 WL 2995160

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1765026

Cited 2 times | Published

license was suspended for one year pursuant to section 322.2615(b)1.a of the Florida Statutes. Pipkin sought

Ruiz v. State

908 So. 2d 508, 2005 WL 1412102

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 1724870

Cited 2 times | Published

document satisfied affidavit requirement of section 322.2615(2), Florida Statutes). NOTES [1] In Jackson

DEPARTMENT OF HIGHWAY SAFETY v. McClane

891 So. 2d 596, 2004 WL 3014909

District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 1704297

Cited 2 times | Published

suspended McClane's driving privilege pursuant to section 322.2615, Florida Statutes (2003), for driving with

DHSMV v. Brandenburg

891 So. 2d 1071

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1704509

Cited 2 times | Published

RESULT OF HER ARREST FOR DUI PURSUANT TO FLORIDA STATUTE 322.2615 PRIOR TO TRIAL? We accepted discretionary

Department of Highway Safety and Motor Vehicles v. Snelson

817 So. 2d 1045, 2002 Fla. App. LEXIS 7702, 2002 WL 1183787

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1728274

Cited 2 times | Published

Snelson's license had been suspended pursuant to section 322.2615(1)(a), Florida Statutes (2000), based on his

DEPT. OF HIGHWAY SAFETY v. Russell

793 So. 2d 1073, 2001 WL 871745

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1267059

Cited 2 times | Published

required by section 322.2615(1)(a), Florida Statutes (2000). Pursuant to section 322.2615(1)(b)(3), Russell

DEPARTMENT OF HIGHWAY SAFETY v. Perry

702 So. 2d 294, 1997 WL 762107

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 460255

Cited 2 times | Published

license suspension hearing conducted under section 322.2615, Florida Statutes, is governed by the Department's

Riehle v. State, Department of Highway Safety & Motor Vehicles

684 So. 2d 823, 1996 Fla. App. LEXIS 4282, 1996 WL 199589

District Court of Appeal of Florida | Filed: Apr 26, 1996 | Docket: 64769680

Cited 2 times | Published

arrest of Riehle was unlawful. . Pursuant to section 322.2615, Florida Statutes (1993).

STATE DEPTMENT OF HIGHWAY SAFETY v. Shonyo

659 So. 2d 352, 1995 WL 322203

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 1748015

Cited 2 times | Published

order. At the formal hearing authorized by section 322.2615(6), Florida Statutes (1993), the hearing officer

Joseph B. Wiggins v. Florida Department of Highway Safety and Motor Vehicles

209 So. 3d 1165, 42 Fla. L. Weekly Supp. 85, 2017 Fla. LEXIS 226

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577414

Cited 1 times | Published

CONDUCTING FIRST-TIER CER-TIORARI REVIEW UNDER SECTION 322.2615, FLORIDA STATUTES, APPLIES THE CORRECT LAW

Forth v. Department of Highway Safety & Motor Vehicles

148 So. 3d 781, 2014 WL 2900931, 2014 Fla. App. LEXIS 9718

District Court of Appeal of Florida | Filed: Jun 27, 2014 | Docket: 60243609

Cited 1 times | Published

license to drive was suspended pursuant to section 322.2615(1), Florida Statutes (2011), based on a breath

Department of Highway Safety & Motor Vehicles v. Corcoran

133 So. 3d 616, 2014 WL 885703, 2014 Fla. App. LEXIS 3309

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238847

Cited 1 times | Published

submit to a breath, blood, or urine test under section 322.2615 of the *619Florida Statutes are supported

Department of Highway Safety & Motor Vehicles v. Rose

105 So. 3d 22, 2012 Fla. App. LEXIS 19103, 2012 WL 5373436

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60227824

Cited 1 times | Published

test. His license was suspended pursuant to section 322.2615(1), Florida Statutes (2010). Rose requested

State Department of Highway Safety & Motor Vehicles v. Saxlehner

96 So. 3d 1002, 2012 Fla. App. LEXIS 13496, 2012 WL 3316828

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311365

Cited 1 times | Published

specific and relevant provisions are found at section 322.2615, Florida Statutes (2010), and Florida Administrative

Department of Highway Safety & Motor Vehicles v. Hofer

5 So. 3d 766, 2009 Fla. App. LEXIS 2233, 2009 WL 691155

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1663301

Cited 1 times | Published

in a postsuspension hearing authorized by section 322.2615, Florida Statutes (2006), we grant the petition

Yankey v. Department of Highway Safety & Motor Vehicles

6 So. 3d 633, 2009 Fla. App. LEXIS 1446, 2009 WL 416514

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1212757

Cited 1 times | Published

essential requirements of the law in interpreting section 322.2615(6)(b), Florida Statutes (2007), to prohibit

Kirpalani v. DEPT. OF HIGHWAY SAFETY

997 So. 2d 502, 2008 WL 5352188

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1721233

Cited 1 times | Published

Highway Safety and Motor Vehicles pursuant to section 322.2615(6), Florida Statutes (2007). The hearing officer

DEPARTMENT OF HIGHWAY SAFETY v. Luttrell

983 So. 2d 1215, 2008 WL 2465566

District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 1756889

Cited 1 times | Published

review of her license suspension pursuant to section 322.2615(1)(b)(3), Florida Statutes (2006). At the

STATE, DEPT. OF HIGHWAY SAFETY v. Wejebe

954 So. 2d 1245, 2007 WL 1201833

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 664846

Cited 1 times | Published

suspending Jose Wejebe's driver's license under section 322.2615, Florida Statutes (2005). On October 14, 2005

KUBASAK v. Department of Highway Safety and Motor Vehicles

957 So. 2d 15, 2007 Fla. App. LEXIS 3008, 2007 WL 620302

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 144822

Cited 1 times | Published

proceeding from the necessity of complying with section 322.2615(6)(c), Florida Statutes (2005), when a subpoenaed

DEPT. OF HIGHWAY SAFETY v. Tidey

946 So. 2d 1223, 2007 WL 5750

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 1771452

Cited 1 times | Published

privileges were suspended by operation of section 322.2615, Florida Statutes, and no hearing was ever

STATE, DEPT. OF HIGHWAY SAFETY v. Trauth

937 So. 2d 758, 2006 WL 2553416

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 1513185

Cited 1 times | Published

formal administrative hearing pursuant to section 322.2615, Florida Statutes. The hearing officer upheld

Williamson v. DEPT. OF HIGHWAY SAFETY

933 So. 2d 665, 2006 WL 1910194

District Court of Appeal of Florida | Filed: Jul 13, 2006 | Docket: 1712044

Cited 1 times | Published

breath test. At a hearing conducted pursuant to section 322.2615, Florida Statutes (2005), the department made

Department of Safety v. Stockman

709 So. 2d 179, 1998 Fla. App. LEXIS 3414, 1998 WL 150704

District Court of Appeal of Florida | Filed: Apr 3, 1998 | Docket: 1279035

Cited 1 times | Published

circuit court. The Department argues that section 322.2615(13) and section 322.272 prohibit the circuit

DEPT. OF HWY. SAFETY v. Green

702 So. 2d 584, 1997 WL 730387

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 1513333

Cited 1 times | Published

conclude that the circuit court misconstrued section 322.2615(7)(b)3, Florida Statutes (1995), and that

STATE DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. Scott

583 So. 2d 785, 1991 Fla. App. LEXIS 7794, 1991 WL 150408

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1284411

Cited 1 times | Published

suspended Scott's driver's license pursuant to section 322.2615 for his refusal to submit to a blood alcohol

Dep't of Highway Safety & Motor Vehicles v. Morrical

262 So. 3d 865

District Court of Appeal of Florida | Filed: Jan 11, 2019 | Docket: 64702076

Published

and received a formal review hearing under section 322.2615, Florida Statutes (2017), challenging his

Dep't of Highway Safety & Motor Vehicles v. Morrical

262 So. 3d 865

District Court of Appeal of Florida | Filed: Jan 11, 2019 | Docket: 64702075

Published

and received a formal review hearing under section 322.2615, Florida Statutes (2017), challenging his

Elso v. Dept. of Highway Safety and Motor Vehicles

260 So. 3d 489

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346784

Published

remand and, because there is no language in section 322.2615 of the Florida Statutes which requires a

Elso v. Dept. of Highway Safety and Motor Vehicles

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8382964

Published

remand and, because there is no language in section 322.2615 of the Florida Statutes which requires a

State, Department of Highway Safety & Motor Vehicles v. Peacock

185 So. 3d 632, 2016 WL 455625

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033937

Published

and had their licenses suspended pursuant to section 322.2615. Id.. Following formal administrative

Dept. of Highway Safety and Motor Vehicles v. Brown

179 So. 3d 547, 2015 Fla. App. LEXIS 17812, 2015 WL 7568618

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3015988

Published

suspending a driver’s license. (Fia. Sta. Section ¡322.2615). While minor deficiencies in the documents

Objio v. State, Department of Highway Safety & Motor Vehicles

179 So. 3d 494, 2015 Fla. App. LEXIS 17428, 2015 WL 7302568

District Court of Appeal of Florida | Filed: Nov 20, 2015 | Docket: 60251767

Published

department shall invalidate the suspension.” § 322.2615(11), Fla. Stat. (2014). Under the circumstances

State, Department of Highway Safety & Motor Vehicles v. Canalejo

179 So. 3d 360, 2015 Fla. App. LEXIS 15237, 2015 WL 7259725

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919758

Published

Administrative Code Rules 15A-6.013(2) and section 322.2615(2), Florida Statute (2015) provide the means

Lacy Faith Gordon v. State of Florida, Department of Highway Safety And Motor Vehicles, Division of Driver Licenses, Bureau of Administrative Reviews

166 So. 3d 902, 2015 Fla. App. LEXIS 8800, 2015 WL 3609103

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2679277

Published

reports of the arresting officer pursuant to section 322.2615(11), Florida Statutes (2013), including a

Department of Highway Safety and Motor etc. v. Eric Hirtzel

163 So. 3d 527, 2015 WL 873536

District Court of Appeal of Florida | Filed: Mar 2, 2015 | Docket: 2638638

Published

and reweighed the evidence in violation of section 322.2615(13), Florida Statutes (2010), we grant the

Department of Highway Safety & Motor Vehicles v. Lanning

156 So. 3d 533, 2015 Fla. App. LEXIS 24, 2015 WL 47034

District Court of Appeal of Florida | Filed: Jan 2, 2015 | Docket: 60245802

Published

of respondent Gregory Lanning pursuant to section 322.2615, Florida Statutes. We find that the trial

Department of Highway Safety And Motor Vehicles v. Gregory R. Lanning

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620436

Published

of respondent Gregory Lanning pursuant to section 322.2615, Florida Statutes. We find that the trial

Department of Highway Safety And Motor Vehicles v. Gregory R. Lanning

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620436

Published

of respondent Gregory Lanning pursuant to section 322.2615, Florida Statutes. We find that the trial

Department of Highway Safety & Motor Vehicles v. Wiggen

152 So. 3d 773, 2014 Fla. App. LEXIS 19782, 2014 WL 6831666

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60244987

Published

Wiggen’s driver’s license for six months under section 322.2615(l)(a), Florida Statutes (2011). Wiggen requested

State of Florida, Dept. of Highway etc. v. Joseph P. Wiggins

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310197

Published

the administrative suspension pursuant to section 322.2615(8)(a), Florida Statutes. Wiggins’ motions

State of Florida, Dept. of Highway etc. v. Joseph P. Wiggins

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1165858

Published

the administrative suspension pursuant to section 322.2615(8)(a), Florida Statutes. Wiggins’ motions

Department of Highway Safety & Motor Vehicles v. Gaputis

148 So. 3d 788, 2014 WL 3882411, 2014 Fla. App. LEXIS 12235

District Court of Appeal of Florida | Filed: Aug 8, 2014 | Docket: 837395

Published

§ 322.2615(1), Fla. Stat. (2011). After a formal review hearing, see § 322.2615(6), the

State, Department of Highway Safety & Motor Vehicles v. Wiggins

151 So. 3d 457, 2014 WL 4358472

District Court of Appeal of Florida | Filed: Aug 5, 2014 | Docket: 748435

Published

the administrative suspension pursuant to section 322.2615(8)(a), Florida Statutes. Wiggins’ motions

Department of Highway Safety & Motor Vehicles v. Futch

142 So. 3d 910, 2014 WL 2968840, 2014 Fla. App. LEXIS 10238

District Court of Appeal of Florida | Filed: Jul 3, 2014 | Docket: 60242240

Published

submit to a breath alcohol test. Pursuant to section 322.2615(1), Florida Statutes (2013), DHSMV placed

State, DHSMV of Highway Safety & Motor Vehicles v. Bennett

125 So. 3d 367, 2013 WL 5989824, 2013 Fla. App. LEXIS 18026

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60235865

Published

subpoena requests. In accordance with the Code, section 322.2615(6)(b), Florida Statutes (2013), authorizes

Carrizosa v. Department of Highway Safety & Motor Vehicles

124 So. 3d 1017, 2013 Fla. App. LEXIS 17597, 2013 WL 5927244

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235281

Published

driver’s license for six months pursuant to section 322.2615(1), Florida Statutes (2010): 322.2615. Suspension

State Department of Highway Safety v. Edgell-Gallowhur

114 So. 3d 1081, 2013 WL 2494701, 2013 Fla. App. LEXIS 9328

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60231742

Published

provisions governing formal review hearings. Section 322.2615(2), Florida Statutes (2009), provides that

Klinker v. Department of Highway Safety & Motor Vehicles

118 So. 3d 835, 2013 WL 2359104, 2013 Fla. App. LEXIS 8594, 38 Fla. L. Weekly Fed. D 1195

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60233440

Published

requests by writing the word “Denied” and “F.S. 322.2615” across the the top of each request. On July

Florida Department of Highway Safety & Motor Vehicles v. Robinson

112 So. 3d 83, 38 Fla. L. Weekly Supp. 172, 2013 WL 1196592, 2013 Fla. LEXIS 502

Supreme Court of Florida | Filed: Mar 21, 2013 | Docket: 60231288

Published

A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615(a), FLORIDA STATUTES, IS IT A VIOLATION OF

Echternach v. Department of Highway Safety & Motor Vehicles

119 So. 3d 467, 2013 WL 1136873, 2013 Fla. App. LEXIS 4399, 38 Fla. L. Weekly Fed. D 656

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60233608

Published

A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615(a), FLORIDA STATUTES, IS IT A VIOLATION OF

Department of Highway Safety & Motor Vehicles v. Ramnarine

104 So. 3d 1144, 2012 WL 5935972, 2012 Fla. App. LEXIS 20326

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227347

Published

A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615(a), FLORIDA STATUTES, IS IT A VIOLATION OF

Department of Highway Safety & Motor Vehicles v. Dellacava

100 So. 3d 234, 2012 Fla. App. LEXIS 19087, 2012 WL 5364662

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60225728

Published

driver’s license was suspended pursuant to section 322.2615(l)(a), Florida Statutes (2009). Dellacava

Department of Highway Safety & Motor Vehicles v. Carillon

95 So. 3d 901, 2012 Fla. App. LEXIS 12272, 2012 WL 3055003

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60311335

Published

Chapter 15A-6, Florida Administrative Code, and section 322.2615, Florida Statutes (2010), respondent timely

Department of Highway Safety & Motor Vehicles v. Robinson

93 So. 3d 1090, 2012 WL 2483460, 2012 Fla. App. LEXIS 10387

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310429

Published

challenge the suspension of his license under section 322.2615(6)(a), Florida Statutes (2010). On April 29

Rudolph v. Department of Highway Safety & Motor Vehicles

107 So. 3d 1129, 2012 WL 1869927, 2012 Fla. App. LEXIS 8124

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60228560

Published

by the Port Authority officer pursuant to section 322.2615(7)(a), Florida Statutes (2010), which provides

Arenas v. Department of Highway Safety & Motor Vehicles

90 So. 3d 828, 2012 Fla. App. LEXIS 6554, 2012 WL 1448572

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60309649

Published

suspension of his license for at least a year. See § 322.2615(7)(b)(l)-(S). The hearing officer found that

State v. Leyva

65 So. 3d 1137, 2011 Fla. App. LEXIS 11030, 2011 WL 2694328

District Court of Appeal of Florida | Filed: Jul 13, 2011 | Docket: 2364900

Published

to enforce a subpoena issued, pursuant to section 322.2615(6)(b), Florida Statutes (2010), to Miami-Dade

Department of Highway Safety & Motor Vehicles v. Cherry

91 So. 3d 849, 2012 WL 2466518

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60309989

Published

submit to a breath, blood, or urine test under section 322.2615 of the Florida Statutes are supported by a

Department of Highway Safety & Motor Vehicles v. Auster

52 So. 3d 802, 2010 Fla. App. LEXIS 20136, 2010 WL 5391552

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 183353

Published

sitting in its appellate capacity pursuant to section 322.2615(13), Florida Statutes (2008). The circuit

Department of Highway Safety & Motor Vehicles v. Berne

49 So. 3d 779, 2010 Fla. App. LEXIS 15143, 2010 WL 3927242

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 60296851

Published

received a formal review hearing pursuant to section 322.2615(6)(a), Florida Statutes (2005). The facts

Department of Highway Safety & Motor Vehicles v. Icaza

37 So. 3d 309, 2010 Fla. App. LEXIS 5046, 2010 WL 1507017

District Court of Appeal of Florida | Filed: Apr 16, 2010 | Docket: 2513340

Published

suspension of Daniel Icaza's driver's license under section 322.2615, Florida Statutes. The basis for the suspension

Lee v. Department of Highway Safety & Motor Vehicles

4 So. 3d 754, 2009 Fla. App. LEXIS 2137, 2009 WL 592444

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 60295122

Published

officer denied petitioner’s request, citing section 322.2615(6)(b), Florida Statutes (2007). That subsection

Department of Highway Safety & Motor Vehicles v. Escobio

6 So. 3d 638, 2009 Fla. App. LEXIS 1447, 2009 WL 416518

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 60299791

Published

essential requirements of the law by interpreting section 322.2615(6)(b), Florida Statutes (2006)* to prohibit

DEPT. OF HIGHWAY SAFETY v. Elias

997 So. 2d 1172, 2008 WL 5233781

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1378677

Published

were immediately suspended as required by section 322.2615, Florida Statutes (2007), following which

Kirpalani v. State Dept. of Highway Safety and Motor Vehicles

991 So. 2d 1026, 2008 Fla. App. LEXIS 15410, 2008 WL 4489430

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 2539907

Published

Highway Safety and Motor Vehicles pursuant to section 322.2615(6), Florida Statutes (2007). The hearing officer

STATE, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Sarmiento

989 So. 2d 692, 2008 Fla. App. LEXIS 11858, 2008 WL 2987155

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1665721

Published

review of his license suspension pursuant to section 322.2615(1)(b)3., Florida Statutes. After *695 an evidentiary

State, Department of Highway Safety & Motor Vehicles v. Lankford

956 So. 2d 527, 2007 Fla. App. LEXIS 7295, 2007 WL 1386349

District Court of Appeal of Florida | Filed: May 14, 2007 | Docket: 64850678

Published

evidence pursuant to a subpoena duces tecum. See § 322.2615, Fla. Stat. (2004); Fla. R. Admin. P. 15A-6.013

State, Department of Highway Safety & Motor Vehicles v. Williams

937 So. 2d 815, 2006 Fla. App. LEXIS 15422, 2006 WL 2658938

District Court of Appeal of Florida | Filed: Sep 18, 2006 | Docket: 64846735

Published

concluded that the Department had satisfied section 322.2615, Florida Statutes,1 and denied *817Williams’

Schwartz v. State, Department of Highway Safety & Motor Vehicles

920 So. 2d 664, 2005 Fla. App. LEXIS 19968, 2005 WL 3481087

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 64842314

Published

administrative license suspension proceeding. Section 322.2615 (7)(b) of the Florida Statutes (2004) expressly

Gurry v. Department of Highway Safety

902 So. 2d 881, 2005 Fla. App. LEXIS 8070, 2005 WL 1250306

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838498

Published

certiorari review in the circuit court, pursuant to section 322.2615(13), Florida Statutes. The circuit court upheld

Gurry v. Department of Highway Safety

902 So. 2d 881, 2005 Fla. App. LEXIS 8070, 2005 WL 1250306

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838498

Published

certiorari review in the circuit court, pursuant to section 322.2615(13), Florida Statutes. The circuit court upheld

Green v. DEPARTMENT OF HIGHWAY SAFETY

905 So. 2d 922, 2005 WL 1199067

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 1711865

Published

formal review of the suspension pursuant to section 322.2615, Florida Statutes (2003). His request indicated

State, Department of Highway Safety & Motor Vehicles v. Bello

813 So. 2d 1023, 2002 Fla. App. LEXIS 4610, 2002 WL 529970

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 64814337

Published

refusal to take a breath test pursuant to section 322.2615, Florida Statutes (1999).1 Bello timely filed

Department of Highway Safety & Motor Vehicles v. Neff

804 So. 2d 519, 2001 Fla. App. LEXIS 18502, 2001 WL 1657192

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811588

Published

the formal review hearing held pursuant to section 322.2615(l)(b)(3), Florida Statutes, are that he was

Department of Highway Safety & Motor Vehicles v. Stevens

820 So. 2d 322, 2001 Fla. App. LEXIS 15157, 2001 WL 1295265

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 64816202

Published

driver’s license was suspended pursuant to section 322.2615(l)(a) of the Florida Statutes (1999) after

Hinman v. Department of Highway Safety

820 So. 2d 315, 2001 Fla. App. LEXIS 14379, 2001 WL 1219489

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 64816199

Published

Safety, 610 N.W.2d 659 (Minn.Ct.App.2000). Section 322.2615(l)(a), Florida Statutes, authorizes the Department

State, Department of Highway Safety & Motor Vehicles v. Meeham

787 So. 2d 221, 2001 Fla. App. LEXIS 6994, 2001 WL 523528

District Court of Appeal of Florida | Filed: May 18, 2001 | Docket: 64806071

Published

paper work with the Department pursuant to section 322.2615(2), Florida Statutes (1999), and Florida Administrative

State, Department of Highway Safety & Motor Vehicles v. Meeham

787 So. 2d 221, 2001 Fla. App. LEXIS 6994, 2001 WL 523528

District Court of Appeal of Florida | Filed: May 18, 2001 | Docket: 64806071

Published

paper work with the Department pursuant to section 322.2615(2), Florida Statutes (1999), and Florida Administrative

Department of Highway Safety & Motor Vehicles v. Coleman

787 So. 2d 90, 2001 Fla. App. LEXIS 3854, 2001 WL 280250

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 64806029

Published

that refusal would result in suspension. See § 322.2615(7)(b)(l)-(4), Fla. Stat. (1997). *92Coleman petitioned

State Department of Highway Safety & Motor Vehicles v. Begley

776 So. 2d 278, 2000 Fla. App. LEXIS 5211, 2000 WL 554896

District Court of Appeal of Florida | Filed: May 8, 2000 | Docket: 64803224

Published

their driver’s licenses suspended pursuant to section 322.2615. Following formal administrative hearings

State v. Atkinson

755 So. 2d 842, 2000 Fla. App. LEXIS 5196, 2000 WL 554069

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 64796804

Published

the defendants were suspended pursuant to section 322.2615, Florida Statutes (1997), which provides in

Department of Highway Safety & Motor Vehicles v. Farr

757 So. 2d 550, 2000 Fla. App. LEXIS 4660, 2000 WL 423410

District Court of Appeal of Florida | Filed: Apr 20, 2000 | Docket: 64797150

Published

suspended his driving privilege, pursuant to section 322.2615(l)(a), Fla. Stat. (1997).1 The citation served

State, Department of Highway Safety & Motor Vehicles v. Peterson

754 So. 2d 156, 2000 Fla. App. LEXIS 3476, 2000 WL 301078

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 64796154

Published

a blood, breath or urine test, pursuant to section 322.2615, Florida Statutes (1999). At Peterson’s request

Department of Highway Safety & Motor Vehicles v. Olivie

753 So. 2d 593, 2000 Fla. App. LEXIS 1037, 2000 WL 140071

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795918

Published

a blood, breath or urine test pursuant to section 322.2615, Florida Statutes (1999). The one year driver

State, Department of Highway Safety & Motor Vehicles v. Anthol

742 So. 2d 813, 1999 Fla. App. LEXIS 10699, 1999 WL 597443

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 64791495

Published

conclude that the circuit court misconstrued section 322.2615, Florida Statutes (1997), and Florida Administrative

Department of Highway Safety & Motor Vehicles v. Leonard

718 So. 2d 314, 1998 Fla. App. LEXIS 11542, 1998 WL 601333

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64783183

Published

driving privilege for one year pursuant to section 322.2615. Leonard sought formal review with the Department

Department of Highway Safety v. Parsons

719 So. 2d 339, 1998 Fla. App. LEXIS 11541, 1998 WL 601341

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64783576

Published

contrary notwithstanding, (emphasis added) .Section 322.2615(10)(a) provides: A person whose driver’s license

Mitchell v. State

704 So. 2d 1155, 1998 Fla. App. LEXIS 904, 1998 WL 39583

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 64778462

Published

DWLS where the suspension was imposed under section 322.2615, Florida Statutes (1995) (providing for license

DEPT. OF HIGHWAY SAFETY v. Bond

696 So. 2d 949, 1997 WL 402531

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1695983

Published

license was suspended for one year pursuant to section 322.2615, Florida Statutes (1995). Following administrative

State, Department of Highway Safety & Motor Vehicles v. Blatz

685 So. 2d 1366, 1996 Fla. App. LEXIS 10349, 1996 WL 563362

District Court of Appeal of Florida | Filed: Oct 4, 1996 | Docket: 64770274

Published

suspension was conducted in Lee County, Florida. Section 322.2615(13), Florida Statutes (1995), provides for

Colby v. State

675 So. 2d 1025, 1996 Fla. App. LEXIS 6780, 1996 WL 346974

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64765526

Published

their driving privileges suspended pursuant to section 322.2615, Florida Statutes (1995). See State v. Henn

Muss v. Lennar Florida Partners I, L.P.

673 So. 2d 84, 1996 Fla. App. LEXIS 3549, 1996 WL 165413

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64764496

Published

on information or belief permissible under section 322.2615(2), Florida Statutes (1991), where statute

State v. Henn

662 So. 2d 1391, 1995 Fla. App. LEXIS 12501, 1995 WL 700199

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760221

Published

PRIVILEGES SUSPENDED PURSUANT TO FLORIDA STATUTES SECTION 322.2615? and WHETHER THE DOUBLE JEOPARDY CLAUSE BARS

State, Department of Highway Safety & Motor Vehicles v. Guthrie

662 So. 2d 404, 1995 Fla. App. LEXIS 11577, 1995 WL 642676

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64759933

Published

sobriety checkpoint in Santa Rosa County, Florida. § 322.2615(1), Fla.Stat. Guthrie challenged the suspension

Ago

Florida Attorney General Reports | Filed: Jun 13, 1995 | Docket: 3257393

Published

Statutes, an "affidavit" within the scope of section 322.2615(2), Florida Statutes, if the document is not

Scritchfield v. State, Department of Highway Safety & Motor Vehicles

648 So. 2d 1246, 1995 Fla. App. LEXIS 300, 1995 WL 18591

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 64753645

Published

review of the license suspension pursuant to section 322.2615(l)(b)(3), Florida Statutes (1993). Seritchfield

State v. Myers

644 So. 2d 535, 1994 Fla. App. LEXIS 9281, 1994 WL 524306

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 64751783

Published

HIS DRIVING PRIVILEGES SUSPENDED PURSUANT TO § 322.2615? We accepted jurisdiction pursuant to rule 9

Department of Highway Safety & Motor Vehicles, Bureau of Driver Improvement v. Thompson

622 So. 2d 1169, 1993 Fla. App. LEXIS 8760, 1993 WL 323151

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 64698271

Published

because he refused to take a breath test. Section 322.2615(7)(b), Florida Statutes (1991), restricts

State, Department of Highway Safety & Motor Vehicles v. Berry

619 So. 2d 976, 1993 Fla. App. LEXIS 4244

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64696901

Published

formal administrative hearing pursuant to section 322.2615(l)(b)3, Florida Statutes (1991). The hearing

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

final -ar-rest. 1990 Amendment; Enactment of Section 322.2615 (Fla.Stat.1989) provided for -Implied-Consent

Essen v. Mellon

747 F. Supp. 692, 1990 U.S. Dist. LEXIS 17725, 1990 WL 154639

District Court, S.D. Florida | Filed: Oct 12, 1990 | Docket: 65973132

Published

Florida state stat*693ute, specifically F.S. § 322.2615. Such statute provides for immediate suspension