Legal Topics

Licensing — Driver’s license — Suspension — Due process 

Jan 23rd, 2024 in by admin

Licensing — Driver’s license — Suspension — Due process — Hearing officer did not deny licensee due process by admitting documents received from law enforcement into record before affording licensee opportunity to object where hearing officer was statutorily required to admit documents into record — Conduct of hearing telephonically by hearing officer located in Tallahassee, instead of Tampa, did not deny licensee due process — Hearing officer did not depart from essential requirements of law by admitting breath test affidavit into record without agency inspection report or by failing to provide legal analysis of case law submitted by licensee — Claim that hearing officer failed to admit certain of licensee’s exhibits into record is refuted by record — Decision to uphold suspension is supported by competent substantial evidence.