STATE OF FLORIDA, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES
v.
JAMES M. KAMAU
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The Department of Highway Safety and Motor Vehicles petitions this Court to review an order of the circuit court, which overturned a hearing officer’s order upholding the suspension 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, and remand with direction that the circuit court follow the correct law.
THOMAS, WETHERELL, and RAY, JJ., concur.
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State v. Guerrieri, 186 So. 3d 632 (Fla. 1st DCA 2016)…cense. We find that the. circuit court applied the incorrect law when it improperly reweighed the evidence 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…
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State v. Kamau, 253 So. 3d 781 (Fla. 1st DCA 2018)…PER CURIAM. Respondent’s motion to enforce this Court’s mandate in Florida Department of Highway Safety & Motor Vehicles v. Kamau, 174 So. 3d 1054 (Fla. 1st DCA 2015), is denied. The motion is based on the premise that the circuit court did not comply with our mandate to “follow the correct law” when it denied Respondent’s petition for writ of certiorari on remand because the court did not app…
Authorities Cited
- State v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014)
- Dep't of Hwy. Safety & Motor Vehicles v. Lanning, 156 So. 3d 533 (Fla. 1st DCA 2015)