DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
GREGORY R. LANNING, RESPONDENT

Fla. 1st DCA | 2015-01-02
No. 1D14-2193
WOLF, BENTON, and MAKAR, JJ., concur.
156 So. 3d 533 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The Department of Highway Safety and Motor Vehicles petitions this court to quash an order of the circuit court which overturned a hearing officer’s order suspending the driver’s license of respondent Gregory Lanning pursuant to section 322.2615, Florida Statutes. We find that the trial court improperly reweighed the evidence concerning substantial compliance with Rule 11D-8.007(3), Florida Administrative Code. By doing so, the circuit court applied the wrong law. See Dep’t of Highway Safety & Motor Vehicles v. Wiggins, 151 So.3d 457 (Fla. 1st DCA 2014). We, therefore, grant the petition and quash the circuit court’s order and remand with direction that the circuit court follow the correct law.

WOLF, BENTON, and MAKAR, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Kamau, 174 So. 3d 1054 (Fla. 1st DCA 2015)
    …spension of Respondent’s driver’s license. The circuit court applied the incorrect law when it improperly reweighed the evidence concerning the lawfulness of Respondent’s detention and arrest. See Dep’t of Highway Safety & Motor Vehicles v. Lanning, 156 So. 3d 533, 533 (Fla. 1st DCA 2015) (citing Dep’t of Highway Safety & Motor Vehicles v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014), review granted, No. SC14-2195, 2014 WL 7251666 (Fla.2014)). We, therefore, grant the petition, quash the circuit court’s order,…
  • State v. Guerrieri, 186 So. 3d 632 (Fla. 1st DCA 2016)
    …nce concerning whether Respondent was in actual physical control of a motor vehicle. See State, Dep’t of Highway Safety & Motor Vehicles v. Kamau, 174 So. 3d 1054, 1054 (Fla. 1st DCA 2015) (citing Dep’t of Highway Safety & Motor Vehicles v. Lanning, 156 So. 3d 533, 533 (Fla. 1st DCA 2015)). We, therefore, grant the petition and quash the circuit court’s order, and remand with direction that the circuit court follow the correct law.' LEWIS, SWANSON, and WINOKUR, JJ., concur.…

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