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

District Court of Appeal of Florida

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

941 So. 2d 431, 2006 Fla. App. LEXIS 16934, 2006 WL 2872540

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 2006

DocketNo. 1D06-1081

StatusPublished

This text of 941 So. 2d 431 (State, Department of Highway Safety & Motor Vehicles v. Maggert) 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.

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State, Department of Highway Safety & Motor Vehicles v. Maggert, 941 So. 2d 431, 2006 Fla. App. LEXIS 16934, 2006 WL 2872540 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

The petition for writ of certiorari is GRANTED, and the final order QUASHED. See Dep’t of Highway Safety & Motor Vehicles v. Utley, 930 So.2d 698 (Fla. 1st DCA 2006) (Hawkes, J., concurring). The arrest report indicates that Officer D. Fucci of the Jacksonville Sheriffs Office was flagged down by a motorist while the officer was conducting stationary speed enforcement. The motorist proceeded to advise Officer Fucci that he had observed a green Honda mini-van east[432]*432bound on Baymeadows Road. According to the motorist, the van was weaving in and out of its lane and the driver appeared to be impaired. Officer Fucci then observed the van weaving in and out of its lane until it stopped at a traffic light. At this point, Officer Fucci requested that Officer I.G. Owens stop the vehicle. The driver of the green Honda mini-van was determined to be respondent. Respondent was arrested for driving under the influence of alcohol.

Under the facts of this case, objective evidence established probable cause to believe that respondent was impaired while he was operating his motor vehicle. Accordingly, the absence of a statement in the arrest report, indicating that Officer Fucci initiated the stop for suspicion of impairment, does not operate to negate the objective existence of probable cause. See Whren v. United States, 517 U.S. 806, 813, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996).

ALLEN, BENTON, and HAWKES, JJ., concur.

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PER CURIAM.

The petition for writ of certiorari is GRANTED, and the final order QUASHED. See Dep’t of Highway Safety & Motor Vehicles v. Utley, 930 So.2d 698 (Fla. 1st DCA 2006) (Hawkes, J., concurring). The arrest report indicates that Officer D. Fucci of the Jacksonville Sheriffs Office was flagged down by a motorist while the officer was conducting stationary speed enforcement. The motorist proceeded to advise Officer Fucci that he had observed a green Honda mini-van east[432]*432bound on Baymeadows Road. According to the motorist, the van was weaving in and out of its lane and the driver appeared to be impaired. Officer Fucci then observed the van weaving in and out of its lane until it stopped at a traffic light. At this point, Officer Fucci requested that Officer I.G. Owens stop the vehicle. The driver of the green Honda mini-van was determined to be respondent. Respondent was arrested for driving under the influence of alcohol.

Under the facts of this case, objective evidence established probable cause to believe that respondent was impaired while he was operating his motor vehicle. Accordingly, the absence of a statement in the arrest report, indicating that Officer Fucci initiated the stop for suspicion of impairment, does not operate to negate the objective existence of probable cause. See Whren v. United States, 517 U.S. 806, 813, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996).

ALLEN, BENTON, and HAWKES, JJ., concur.

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941 So. 2d 431, 2006 Fla. App. LEXIS 16934, 2006 WL 2872540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highway-safety-motor-vehicles-v-maggert-fladistctapp-2006.

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