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Hinman v. Department of Highway Safety and Motor Vehicles10/12/2001
y trial for a violation of s. 316.193...."
Like the defendant in McDonough, Hinman was faced with an administrative hearing prior to the disposition of a criminal proceeding, involving the same incident or arrest. However, he was not compelled to testify at the administrative hearing. The Fifth Amendment right against self-incrimination evolved as a protection for an individual from being compelled to give testimony in both civil and criminal proceedings, formal or informal, where the answers to questions might be incriminating. See 3 LaFave, Criminal Procedure § 8.14 (1999).
In Simmons v. United States, 390 U.S. 377 (1968), the Court held that if damaging admissions made by a defendant in support of a motion to suppress could be used against him, the defendant would be forced to choose between exercising one of two constitutional rights: the right to remain silent; and the right to be free from unlawful searches and seizures. Such a quandary would have an impermissibly chilling effect on a defendant's exercise of his constitutional rights. However, that case was distinguished in State v. Palmore, 510 So.2d 1152 (Fla. 3d DCA 1987) (Baskin, J., dissenting), where the court reviewed an order suppressing for trial a defendant's statements made in an earlier hearing on a motion to dismiss. It concluded a defendant does not have a constitutionally protected right to make a motion to dismiss. Thus the defendant was not required to choose between two constitutional rights.
We conclude that no Fifth Amendment right was involved in the administrative hearing. Thus, a person being subsequently prosecuted for DUI has no right to stay the license suspension hearing. It also follows that any voluntary statements made by the person at the license suspension hearing have no Fifth Amendment protection. Their only protection stems from the provisions of the statute referenced above.
Petition for Writ of Certiorari DENIED.
PETERSON and SAWAYA, JJ., concur.
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