State v. Bock

659 So. 2d 1196, 1995 WL 497154
CourtDistrict Court of Appeal of Florida
DecidedAugust 23, 1995
Docket95-1253
StatusPublished
Cited by6 cases

This text of 659 So. 2d 1196 (State v. Bock) 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
State v. Bock, 659 So. 2d 1196, 1995 WL 497154 (Fla. Ct. App. 1995).

Opinion

659 So.2d 1196 (1995)

The STATE of Florida, Appellant,
v.
Wayne BOCK, Appellee.

No. 95-1253.

District Court of Appeal of Florida, Third District.

August 23, 1995.
Rehearing Denied September 20, 1995.

Robert A. Butterworth, Attorney General, and Mark C. Katzef, Assistant Attorney General, for petitioner.

Robert S. Reiff and H. Scott Fingerhut, Miami, for respondent.

*1197 Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.

LEVY, Judge.

The State seeks certiorari review of a final order, issued by the Circuit Court sitting in its appellate capacity, affirming a dismissal, by the County Court, of a charge against the respondent of Driving Under the Influence (hereinafter "DUI"). We grant the State's Petition for Certiorari and quash the Circuit Court's order because we find, among other things, that the officer's actions in this case did not amount to a denial of the respondent's due process rights.

Wayne Bock, the defendant below and respondent herein, was arrested for DUI after he failed to perform adequately on a field-sobriety test. After his arrest, the police requested the respondent to submit to a breathalyzer exam. The respondent told the officers that in addition to the breath exam, he would also like to have an independent blood-alcohol exam.[1] A police officer mistakingly represented to the respondent that the cost of receiving such an exam would be somewhere between $250 or $300, and it was later determined the actual cost of the exam was much less. The respondent claims that he did not obtain the independent blood-alcohol examination because the misrepresentations made by the officer caused him to believe that he could not afford this exam.[2] The respondent did eventually submit to a breath-alcohol test; his results were .228 and .235.

The State charged the respondent with DUI. The respondent moved to dismiss the DUI charge, claiming that the police had violated his due process rights by intentionally misrepresentating the cost of the blood-alcohol exam, thereby preventing him from exercising his right to obtain such an exam. At the hearing on this motion, the officer who had made the alleged misrepresentations to the respondent testified that he had mistakingly quoted the cost of the exam to the respondent based on his recollection from prior cases.

Based on this and other testimony, the County Court orally granted the motion to dismiss. In granting the motion, the Court stated as follows:

The Court: State v. Durkee is basically ... on almost all fours as to this particular case ... What concerns the Court is the fact that Mr. Bock did, in fact, ask for a blood test... . However, I don't think the officer was exercising any bad faith in quoting the price. However, by quoting the price and also advising the defendant that he had to come up with the money now. If he didn't have it —
[Prosecutor]: I don't think we have that testimony.
The Court: I think that [the defendant has] implied that he had to and I made notations that he was not sure about that. But he didn't think there was a payment plan or that they took payment plans in and of itself. It could put some doubt, and I feel — it could have put some doubt in the defendant's mind. Specifically, based upon *1198 the fact that he did not want a [breath] test and he had contacted the officer and told the officer that he wanted a blood test... . Therefore, based upon the reading of Durkee,... it is the Court's opinion that the motion to dismiss at this time is going to be granted.

(Hearing on Defendant's Motion to Dismiss, September 8, 1993) (emphasis added). Following this hearing, the trial court issued a written order dismissing the respondent's DUI charge. In that order, the court contradicted its prior ruling by including a finding that the officer had misrepresented the cost of the blood examination to the respondent in "bad faith". The court further noted that it was dismissing the charges against the defendant because the officer's misrepresentations and the defendant's reasonable interpretation thereof amounted to a violation of the defendant's due process rights.

The State then filed a notice of appeal with the appellate division of the Circuit Court. The Circuit Court entered a per curiam affirmance of the County Court's order, citing State v. Durkee, 584 So.2d 1080 (Fla. 5th DCA), cause dismissed, 592 So.2d 682 (Fla. 1991). The State now petitions this Court for certiorari review of the Circuit Court's order. See Fla.R.App.P. 9.030(b)(2)(B).

The defendant contends that this Court should not grant certiorari because the requisite elements for granting such extraordinary relief are not present in the State's petition. The State, on the other hand, contends that certiorari should be granted because the Circuit Court departed from the essential requirements of the law in affirming the County Court's dismissal of the respondent's DUI charge.

As both parties correctly point out, when reviewing a petition for certiorari, we are limited to determining whether the lower court has violated the petitioner's procedural due process rights or has departed from the essential requirements of the law. Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla. 1995); Education Dev. Ctr., Inc. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So.2d 106 (Fla. 1989); Combs v. State, 436 So.2d 93 (Fla. 1983); City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982); Metropolitan Dade County v. Blumenthal, 20 Fla. L. Weekly D1445, ___ So.2d ___ (Fla. 3d DCA June 21, 1995). In the instant case, the State is not alleging that any procedural due process rights have been violated. Accordingly, our review will be limited to determining whether the Circuit Court departed from the essential requirements of the law when it affirmed the County Court's dismissal of the respondent's DUI charge.

As the Florida Supreme Court originally explained in Combs, courts should guide themselves by the following principles in determining what is a "departure from the essential requirements of the law":

[T]he phrase "departure from the essential requirements of the law" should not be narrowly construed so as to apply only to violations which effectively deny appellate review or which pertain to the regularity of procedure. In granting writs of common-law certiorari, the district courts of appeal should not be as concerned with the mere existence of legal error as much as with the seriousness of the error... . [T]he district courts must be allowed a large degree of discretion so that they may judge each case individually. The district courts should exercise this discretion only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. It is this discretion which is the essential distinction between review by appeal and review by common-law certiorari.

Combs, 436 So.2d at 95-96 (emphasis added) (citations omitted); see also Haines, 658 So.2d at 525-28.[3] We will now review the Circuit Court's actions, based on the principles delineated in Combs, to determine whether there has been a "violation of a *1199 clearly established principle of law resulting in a miscarriage of justice."

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Cite This Page — Counsel Stack

Bluebook (online)
659 So. 2d 1196, 1995 WL 497154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bock-fladistctapp-1995.