Keith v. Casey

Full title: C.W. KEITH, DIRECTOR, STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND…

Court: District Court of Appeal of Florida, Second District

Date published: Dec 3, 1986

504 So. 2d 4 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-745.

December 3, 1986.

Appeal from the Circuit Court for Pinellas County; Robert E. Beach, Judge.

Enoch J. Whitney, Gen. Counsel, and Suzanne G. Printy, Asst. Gen. Counsel, Dept. of Highway Safety and Motor Vehicles, Tallahassee, for appellant.

James R. Kennedy, Jr., St. Petersburg, for appellee.

PER CURIAM.

We reverse the final judgment of the circuit court which on certiorari enforced a prior action of the county court imposing six months revocation of appellee's driver's license for DUI and ordered the Department of Highway Safety Motor Vehicles to reinstate appellee's driver's license despite the provisions of section 322.28, Florida Statutes (1983). State Department of Highway Safety Motor Vehicles v. Vogt, 489 So.2d 1168 (Fla. 2d DCA 1986).

Appellee also argues that her nolo contendere plea to the DUI charge in the county court should be set aside because a condition of her plea was that her license would be revoked only for the six-month period ordered by the county court. However, this is not the proper forum for initial consideration of that argument.

Reversed.

GRIMES, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.