Department of Highway Safety And Motor Vehicles v. Gregory R. Lanning

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DEPARTMENT OF HIGHWAY NOT FINAL UNTIL TIME EXPIRES TO SAFETY AND MOTOR FILE MOTION FOR REHEARING AND VEHICLES, DISPOSITION THEREOF IF FILED Petitioner, CASE NO. 1D14-2193 v. GREGORY R. LANNING, Respondent. ___________________________/ Opinion filed January 2, 2015. Petition for Writ of Certiorari – Original Jurisdiction. Stephen D. Hurm, General Counsel, and Damaris Reynolds, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Petitioner. L. Lee Lockett of Stone Lockett, PA, Jacksonville Beach, for Respondent. 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, 39 Fla. L. Weekly D1894 (Fla. 1st DCA Sept. 4, 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. 2