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Department of Highway Safety and Motor Vehicles v. Alliston3/13/2002
pplying the same error to numerous other administrative proceedings involving the suspension of driver's licenses. See Anthol, 742 So. 2d 813. The circuit court's order places a virtually impossible burden of proof on the DHSMV in attempting to suspend a person's license for a DUI arrest. As applied to future proceedings, the circuit court's order would seemingly require the DHSMV to present affirmative evidence, in the form of testimony from inspectors and persons who administer breath tests, that each applicable inspection and breath test complied with every protocol set forth in the administrative rules. This is not what the law requires.
Accordingly, we quash the order of the circuit court that granted Mr. Alliston's petition for certiorari and remand for proceedings consistent with this opinion.
SALCINES, J., and DANAHY, PAUL W., SENIOR JUDGE, Concur.
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