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."
In Jacksonville, Florida, a Writ of Certiorari and Appeal of License Suspension is a legal recourse available to individuals who wish to challenge a decision regarding the suspension of their license. This process allows individuals to seek a review of the suspension by a higher court, which may result in the suspension being overturned or modified. A Writ of Certiorari is a legal order issued by a higher court directing a lower court or administrative agency to send the records of a case for review. In the context of license suspension, individuals can petition the court to issue a Writ of Certiorari to review the decision made by the Department of Highway Safety and Motor Vehicles (DHS MV), the agency responsible for licensing and regulating drivers in Florida. To initiate the process, the individual must file a petition with the appropriate court within a specified timeframe, typically within 30 days of receiving notice of the license suspension. The petition should outline the reasons why the individual believes the suspension was unjust or based on erroneous information, and explain why the decision should be reviewed by a higher court. Upon receiving the petition, the court will evaluate its merits and may choose to grant or deny the Writ of Certiorari. If granted, the court will review the administrative record and legal arguments presented by both parties. It is crucial to provide strong evidence and persuasive legal arguments to support the case for the suspension to be overturned or modified. It is important to note that there are different types of license suspensions in Jacksonville, Florida, each requiring specific procedures. Common types include DUI-related license suspensions, suspensions due to a points' accumulation on a driving record, and suspensions for failure to comply with court orders or pay fines. Each type of suspension may have its own specific requirements and deadlines for seeking a Writ of Certiorari and Appeal. If the Writ of Certiorari is denied, individuals may still have another opportunity to appeal the license suspension through the administrative process. This involves requesting an administrative hearing to present evidence and arguments before a DHS MV hearing officer. The hearing officer will then make a final determination, which can be further appealed to the appropriate court if necessary. In summary, a Writ of Certiorari and Appeal of License Suspension in Jacksonville, Florida, provides individuals facing license suspension with a legal avenue to challenge the decision and seek review by a higher court. It is essential to understand the specific requirements and deadlines associated with the type of license suspension being contested in order to effectively navigate the process.In Jacksonville, Florida, a Writ of Certiorari and Appeal of License Suspension is a legal recourse available to individuals who wish to challenge a decision regarding the suspension of their license. This process allows individuals to seek a review of the suspension by a higher court, which may result in the suspension being overturned or modified. A Writ of Certiorari is a legal order issued by a higher court directing a lower court or administrative agency to send the records of a case for review. In the context of license suspension, individuals can petition the court to issue a Writ of Certiorari to review the decision made by the Department of Highway Safety and Motor Vehicles (DHS MV), the agency responsible for licensing and regulating drivers in Florida. To initiate the process, the individual must file a petition with the appropriate court within a specified timeframe, typically within 30 days of receiving notice of the license suspension. The petition should outline the reasons why the individual believes the suspension was unjust or based on erroneous information, and explain why the decision should be reviewed by a higher court. Upon receiving the petition, the court will evaluate its merits and may choose to grant or deny the Writ of Certiorari. If granted, the court will review the administrative record and legal arguments presented by both parties. It is crucial to provide strong evidence and persuasive legal arguments to support the case for the suspension to be overturned or modified. It is important to note that there are different types of license suspensions in Jacksonville, Florida, each requiring specific procedures. Common types include DUI-related license suspensions, suspensions due to a points' accumulation on a driving record, and suspensions for failure to comply with court orders or pay fines. Each type of suspension may have its own specific requirements and deadlines for seeking a Writ of Certiorari and Appeal. If the Writ of Certiorari is denied, individuals may still have another opportunity to appeal the license suspension through the administrative process. This involves requesting an administrative hearing to present evidence and arguments before a DHS MV hearing officer. The hearing officer will then make a final determination, which can be further appealed to the appropriate court if necessary. In summary, a Writ of Certiorari and Appeal of License Suspension in Jacksonville, Florida, provides individuals facing license suspension with a legal avenue to challenge the decision and seek review by a higher court. It is essential to understand the specific requirements and deadlines associated with the type of license suspension being contested in order to effectively navigate the process.
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.
