Joseph B. Wiggins v. Florida Department of Highway Safety and Motor Vehicles

Summary

The Florida Supreme Court reviewed a certified question concerning whether a circuit court conducting first-tier certiorari review under section 322.2615, Florida Statutes, may reject officer testimony as competent, substantial evidence when it is totally contradicted by video evidence. The Court answered the question affirmatively, holding that the circuit court must consider record video evidence and that testimony totally contradicted and refuted by such evidence is not competent, substantial evidence in this context.

Holdings

1. A circuit court conducting first-tier certiorari review of a DUI license suspension under section 322.2615 must review and consider video evidence of the events that are part of the record when determining whether the agency's findings are supported by competent, substantial evidence.
2. In the limited context of section 322.2615 first-tier review, officer testimony that is totally contradicted, negated, and refuted by objective, neutral, real-time video evidence of record cannot be deemed competent, substantial evidence.

Questions Presented

1. Whether, in first-tier certiorari review under section 322.2615, a circuit court must consider objective video evidence as part of its competent, substantial evidence analysis.
2. Whether officer testimony that is totally contradicted, negated, and refuted by objective real-time video evidence may constitute competent, substantial evidence supporting a DUI-related license suspension.
3. Whether the circuit court applied the correct law by rejecting the officer's testimony and report as incompetent in light of the video evidence.

Disposition

other