Florida Motor Vehicles Code Section 322.31
Drivers' Licenses
Right of Review
"Final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding."
Title: Understanding Hollywood Florida Writ of Certiorari and Appeal of License Suspension Introduction: In Hollywood, Florida, the process of contesting license suspensions involves two important legal procedures: Writ of Certiorari and Appeal. These legal actions provide individuals or businesses with avenues to challenge unfavorable license suspension decisions and seek a remedy through the examination of the facts and applicable laws. This article aims to delve into the details of these processes, exploring their relevance and different variations, while highlighting key keywords for clarity. I. Hollywood Florida Writ of Certiorari: 1. Definition and Purpose: The Hollywood Florida Writ of Certiorari is a legal process often sought by individuals or businesses when appealing a license suspension decision. Its purpose is to seek a higher court's review of the lower court's ruling, ensuring procedural and substantive errors are examined and potentially reversed. 2. Writ of Certiorari Process: a. Petition: The aggrieved party files a petition seeking the writ, outlining the grounds for appeal and providing supporting evidence. b. Review: The higher court reviews the lower court's record to scrutinize the legal errors committed during the license suspension process. c. Decision: The higher court may either uphold the license suspension decision, remand the case for further proceedings, or reverse the decision altogether. II. Appeal of License Suspension: 1. Definition and Purpose: Appealing a license suspension in Hollywood, Florida involves taking the case to a higher court for reconsideration. Its purpose is to challenge the lower court's ruling, providing an opportunity to present new evidence or arguments that could lead to a reversal or modification of the decision. 2. Appeal Process: a. Notice of Appeal: The party seeking an appeal must file a notice of appeal, stating the grounds for the appeal and identifying the relief sought. b. Preparation of Briefs: Both parties draft written briefs, presenting legal arguments, and referencing relevant case law or statutory provisions. c. Oral Arguments: The parties present their case orally before the appellate court, highlighting key points and responding to any questions posed by the judges. d. Appellate Court's Decision: The appellate court may affirm the license suspension decision, modify it, or reverse the decision entirely. This decision will be binding unless further challenged. Types of Hollywood Florida Writ of Certiorari and Appeal of License Suspension: 1. Administrative License Suspension Appeals: Addressing license suspensions resulting from administrative actions taken by regulatory bodies, such as the Department of Motor Vehicles (DMV), Department of Business and Professional Regulation (BPR), or Department of Health. 2. Criminal License Suspension Appeals: Relating to license suspensions arising from criminal offenses, including DUI/DWI convictions, drug-related offenses, or other criminal activities corresponding to licensed professions. 3. Professional License Suspension Appeals: Focusing on license suspensions of individuals or businesses holding professional licenses, such as doctors, lawyers, real estate agents, or contractors, due to professional misconduct, malpractice, or ethical violations. Conclusion: Understanding the Hollywood Florida Writ of Certiorari and Appeal of License Suspension is crucial for individuals and businesses seeking justice and relief from unfavorable license suspension decisions. By pursuing these legal actions, they can present their case before a higher court, ensuring their rights are protected and a fair reconsideration is granted. Knowing the different types of appeals can further aid in tailoring the approach to specific circumstances, assisting in the pursuit of a successful remedy.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
