Nader v. FL Dept. of Highway Safety and Motor Vehicles, Et Al.Annotate this Case
The facts in this case arose from an arrest after the driver failed a roadside sobriety test and then had her license suspended based on the refusal to submit to a breath test. The court was asked to answer two certified questions: (1) "Does a law enforcement officer's request that a driver submit to a breath, blood, or urine test, under circumstances in which the breath-alcohol test is the only required test, violate the implied consent provisions of section 316.1932(a)(A)(1)(a) such that the department may not suspend the driver's license for refusing to take any test?" and (2) "May a district court grant common law certiorari relief from a circuit court's opinion reviewing an administrative order when the circuit court applied precedent from another district court but the reviewing district court concludes that the precedent misinterprets clearly established statutory law?" The court answered the first certified question in the negative. The Second District properly found that there was no violation of the implied consent law under the circumstances of this case. Accordingly, the court approved the Second District's decision and disapproved the Fourth district's opinion in State Department of Highway Safety and Motor Vehicles v. Clark to the extent that it concluded to the contrary. The court answered the second question in the affirmative and held that a district court could exercise its discretion to grant certiorari review of a circuit court decision reviewing an administrative order, so long as the decision under review violated a clearly established principle of law resulting in a miscarriage of justice, even if the circuit court decision was based on precedent from another district.