Department of Highway Safety & Motor Vehicles v. Ramnarine

District Court of Appeal of Florida

Department of Highway Safety & Motor Vehicles v. Ramnarine

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

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 2012

DocketNo. 2D12-1842

StatusPublished

Cited by2 cases

This text of 104 So. 3d 1144 (Department of Highway Safety & Motor Vehicles v. Ramnarine) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Department of Highway Safety & Motor Vehicles v. Ramnarine, 104 So. 3d 1144, 2012 WL 5935972, 2012 Fla. App. LEXIS 20326 (Fla. Ct. App. 2012).

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Opinion

BLACK, Judge.

The petition for writ of certiorari is denied. See Dep’t of Highway Safety & Motor Vehicles v. Robinson, 93 So.3d 1090 (Fla. 2d DCA 2012), petition for review filed, No. SC12-1874 (Fla. Sept. 5, 2012). However, as we did in Robinson, we certify the following question of great public importance to the supreme court pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

WHEN A SUSPENDEE SEEKS FORMAL REVIEW OF A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615(a), FLORIDA STATUTES, IS IT A VIOLATION OF DUE [1145]*1145PROCESS TO SUSPEND THE LICENSE AFTER A SUBPOENAED WITNESS FAILS TO APPEAR AND THE SUSPENDEE CANNOT ENFORCE THE SUBPOENA WITHIN THE STATUTORILY MANDATED THIRTY-DAY PERIOD FOR FORMAL ADMINISTRATIVE REVIEW?

NORTHCUTT and MORRIS, JJ., Concur.

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BLACK, Judge.

The petition for writ of certiorari is denied. See Dep’t of Highway Safety & Motor Vehicles v. Robinson, 93 So.3d 1090 (Fla. 2d DCA 2012), petition for review filed, No. SC12-1874 (Fla. Sept. 5, 2012). However, as we did in Robinson, we certify the following question of great public importance to the supreme court pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

WHEN A SUSPENDEE SEEKS FORMAL REVIEW OF A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615(a), FLORIDA STATUTES, IS IT A VIOLATION OF DUE [1145]*1145PROCESS TO SUSPEND THE LICENSE AFTER A SUBPOENAED WITNESS FAILS TO APPEAR AND THE SUSPENDEE CANNOT ENFORCE THE SUBPOENA WITHIN THE STATUTORILY MANDATED THIRTY-DAY PERIOD FOR FORMAL ADMINISTRATIVE REVIEW?

NORTHCUTT and MORRIS, JJ., Concur.

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Bluebook (online)

104 So. 3d 1144, 2012 WL 5935972, 2012 Fla. App. LEXIS 20326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-highway-safety-motor-vehicles-v-ramnarine-fladistctapp-2012.

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