Florida District Courts of Appeal, 2013

Echternach v. Department of Highway Safety & Motor Vehicles

Echternach v. Department of Highway Safety & Motor Vehicles
Florida District Courts of Appeal · Decided March 20, 2013 · Crenshaw, Morris, Silberman
119 So. 3d 467; 2013 WL 1136873; 2013 Fla. App. LEXIS 4399; 38 Fla. L. Weekly Fed. D 656 (Southern Reporter, Third Series)

Echternach v. Department of Highway Safety & Motor Vehicles

Opinion of the Court

MORRIS, Judge.

Justin Echternach’s petition for second-tier writ of certiorari is denied. See Dep’t of Highway Safety & Motor Vehicles v. Robinson, 93 So.3d 1090 (Fla. 2d DCA 2012). However, as we did in Robinson and subsequently in Department of Highway Safety & Motor Vehicles v. Ramnarine, 104 So.3d 1144 (Fla. 2d DCA 2012), 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 PROCESS 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?

Petition denied.

SILBERMAN, C.J., and CRENSHAW, J., Concur.

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