MARC PFLEGER v. FLORIDA DEPARTMENT OF HIGHWAY

John Armando Edmiston

Case Conclusion Date:May 20, 2011

Practice Area:DUI / DWI

Outcome:Petitioner's Writ of Cert was granted

Description:Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Hearing -- Failure of subpoenaed witness to appear -- Where hearing officer continued hearing to allow licensee to enforce subpoena for arresting officer who failed to appear at hearing, hearing officer effectively added procedural step to review process that deprived licensee of opportunity to be heard and challenge suspension on merits within 30 days -- Petition for writ of certiorari is granted