 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Department of Highway Safety and Motor Vehicles10/26/2001
nd criteria for issuance and suspension of agency and inspector permits and that, by failing to apply the rule established by FDLE, the circuit court improperly nullified the permit issued to the inspector. However, as this court determined in State v. Reisner, 584 So. 2d 141 (Fla. 5th DCA), rev. denied, 591 So. 2d 184 (Fla. 1991), a person can attack the validity of the test results taken under the implied consent law by attacking the rule adopted to implement that law. More importantly, the circuit court was not usurping the FDLE, but rather applying the rules implemented by the FDLE, as the court interpreted them.
Petition for writ of certiorari DENIED.
GRIFFIN and SAWAYA, JJ., concur.
|