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Vichich v. Department of Highway Safety and Motor Vehicles9/21/2001
v. Tremmel, 634 So. 2d 742 (Fla. 2d DCA 1994) (challenging revocation by writ of mandamus); Dep't of Highway Safety & Motor Vehicles v. Spells, 502 So. 2d 19 (Fla. 2d DCA 1987) (challenging revocation by complaint for declaratory relief); Mellon v. Cannon, 482 So. 2d 604 (Fla. 5th DCA 1986) (challenging revocation by writ of mandamus).
We are not required today to determine whether the statutory and regulatory framework is constitutional. We would, however, suggest to both the DHSMV and the legislature that the current statutes do not provide clear procedures to address the issue presented by this case. Perhaps it would be helpful if the statutes gave the DHSMV authority to suspend a driver's license under these circumstances and then provided for an evidentiary hearing in which the DHSMV could prove the factual basis for the revocation if the driver denied that factual basis under oath. The DHSMV could then permanently revoke the license after that hearing or after the time to request the hearing had expired.
Petition granted; order quashed.
WHATLEY, J., and DANAHY, PAUL W. (SENIOR JUDGE), Concur.
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