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. CorcoranOpinion
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 The opinion dated February 27, 1998, is withdrawn and the decision of the circuit court is affirmed.
MOTION GRANTED; OPINION WITHDRAWN; DECISION AFFIRMED.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.