From Casetext: Smarter Legal Research

Department of H. S. M. V. v. Amodeo

District Court of Appeal of Florida, Fifth District
May 8, 1998
711 So. 2d 148 (Fla. Dist. Ct. App. 1998)

Summary

holding that a hearing officer may not quash a subpoena for a fact witness pursuant to section 322.2615, Florida Statutes, and Rule 15A–6.013, Florida Administrative Code, and the defense has the absolute right to subpoena other witnesses to testify as to whether or not the defendant exhibited any signs of impairment at or near the time of arrest

Summary of this case from Dep't of Highway Safety & Motor Vehicles v. Corcoran

Opinion

No. 97-2589

Opinion filed May 8, 1998 JANUARY TERM 1998 Rehearing Denied June 19, 1998.

Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity.

Enoch J. Whitney, General Counsel, Tallahassee and Heather Rose Cramer, Assistant General Counsel, West Palm Beach, for Petitioner.

Joerg F. Jaeger of Jaeger and Blankner, P.A., Orlando, for Respondent.


ON MOTION FOR REHEARING


The respondent's motion for rehearing is granted. The opinion dated February 27, 1998, is withdrawn and the decision of the circuit court is affirmed.

MOTION GRANTED; OPINION WITHDRAWN; DECISION AFFIRMED.

PETERSON and THOMPSON, JJ., concur.


Summaries of

Department of H. S. M. V. v. Amodeo

District Court of Appeal of Florida, Fifth District
May 8, 1998
711 So. 2d 148 (Fla. Dist. Ct. App. 1998)

holding that a hearing officer may not quash a subpoena for a fact witness pursuant to section 322.2615, Florida Statutes, and Rule 15A–6.013, Florida Administrative Code, and the defense has the absolute right to subpoena other witnesses to testify as to whether or not the defendant exhibited any signs of impairment at or near the time of arrest

Summary of this case from Dep't of Highway Safety & Motor Vehicles v. Corcoran
Case details for

Department of H. S. M. V. v. Amodeo

Case Details

Full title:DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. FRANK J…

Court:District Court of Appeal of Florida, Fifth District

Date published: May 8, 1998

Citations

711 So. 2d 148 (Fla. Dist. Ct. App. 1998)

Citing Cases

Dep't of Highway Safety & Motor Vehicles v. Corcoran

A driver is entitled to request subpoenas for witnesses identified in the documents pertaining to the license…

Dept. of Highway Safety v. Auster

The hearing officer found that 1) the arresting officer had probable cause to believe that Auster was driving…