State, Department of Highway Safety & Motor Vehicles v. Guerrieri
This text of 186 So. 3d 632 (State, Department of Highway Safety & Motor Vehicles v. Guerrieri) 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.
Opinion
The Department of Highway Safety and Motor Vehicles petitions this Court to [633]*633quash an order of the circuit court, which overturned a hearing officer’s order upholding the suspension of Respondent’s driver’s license. We find that the. circuit court applied the incorrect law when it improperly reweighed the evidence concerning whether Respondent was in actual physical control of a motor vehicle. See State, Dep’t of Highway Safety & Motor Vehicles v. Kamau, 174 So.3d 1054, 1054 (Fla. 1st DCA 2015) (citing Dep’t of Highway Safety & Motor Vehicles v. Lanning, 156 So.3d 533, 533 (Fla. 1st DCA 2015)). We, therefore, grant the petition and quash the circuit court’s order, and remand with direction that the circuit court follow the correct law.'
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Cite This Page — Counsel Stack
186 So. 3d 632, 2016 Fla. App. LEXIS 3480, 2016 WL 878811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highway-safety-motor-vehicles-v-guerrieri-fladistctapp-2016.