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McLaughlin v. Department of Highway Safety & Motor Vehicles
Citations: 128 So. 3d 815; 2012 Fla. App. LEXIS 3776; 2012 WL 752355Docket: No. 2D07-4891
Court: District Court of Appeal of Florida; March 8, 2012; Florida; State Appellate Court
The matter is a remand from the Supreme Court of Florida regarding Mr. McLaughlin’s petition for second-tier certiorari review of a circuit court order that denied him relief from an administrative decision. This decision upheld the suspension of McLaughlin’s driver’s license under section 322.2615(1)(a) of the Florida Statutes for refusing to submit to a breath, blood, or urine test following a DUI arrest. The court has complied with the Supreme Court's mandate by granting McLaughlin’s petition, quashing the circuit court’s order, and remanding for further proceedings. However, the court notes that the Department suspended McLaughlin’s license for one year beginning January 7, 2007, and since that suspension period has expired during the review, the validity of the suspension is now moot. Therefore, no further proceedings are deemed necessary on remand. The petition is granted, and the order is quashed, with Judges Silberman and Altenbernd concurring.