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 Lakeland, Florida, a Writ of Certiorari and Appeal of License Suspension is a legal process that allows individuals to challenge the suspension of their driver's license through the filing of a certiorari petition or by appealing the suspension decision. This process plays a crucial role in ensuring that individuals are given an opportunity to present their case and seek a remedy for license suspensions imposed by the Florida Department of Highway Safety and Motor Vehicles (DHS MV). A Writ of Certiorari is a formal request made to a higher court to review and correct the decision of a lower court. In the context of license suspension, this writ is typically used when individuals believe that the DHS MV made an erroneous decision or violated their due process rights in suspending their driver's license. By filing a Writ of Certiorari in the appropriate circuit court, individuals can seek a review of the administrative actions taken by the DHS MV and request the court to quash or overturn the suspension. Appealing a license suspension involves initiating an administrative appeal process to challenge the DHS MV's decision regarding the suspension. This process is typically initiated by filing a Notice of Appeal within a specified time frame after receiving notice of the license suspension. Individuals can avail themselves of an administrative hearing where they can present evidence, argue their case, and challenge the validity of the suspension. Administrative appeal hearings for license suspensions in Lakeland, Florida, are often conducted by the Division of Administrative Hearings (NOAH). It is essential to ensure compliance with the relevant deadlines and procedures established by the DHS MV and NOAH to protect one's rights during the appeal process. Some specific types of Lakeland, Florida Writs of Certiorari and Appeals of License Suspension include: 1. Administrative Suspension Appeals: These appeals are relevant when a driver's license is suspended by the DHS MV due to issues such as driving under the influence (DUI), accumulation of points on the driving record, or being declared a habitual traffic offender. 2. Medical Suspension Appeals: If an individual's driver's license is suspended by the DHS MV due to medical reasons, such as a condition that impairs their ability to safely operate a motor vehicle, they may file an appeal to contest the suspension. 3. Hardship License Appeals: Individuals who have had their driver's licenses suspended but need limited driving privileges for necessary purposes, such as work or medical appointments, may seek a hardship license. The process of obtaining a hardship license involves appealing the license suspension and demonstrating an undue hardship caused by the absence of driving privileges. 4. Ignition Interlock Device (DID) Appeals: Certain DUI-related suspensions may require individuals to install an Ignition Interlock Device in their vehicles. If the DHS MV imposes such a requirement, individuals may appeal the decision to contest the installation or duration of the DID. By utilizing the appropriate Writ of Certiorari or filing an appeal, individuals in Lakeland, Florida, have the opportunity to challenge the DHS MV's decision regarding license suspension, protecting their driving privileges and seeking a fair resolution. It is crucial to consult with an experienced attorney who specializes in traffic and administrative law to navigate the complex procedures and build a strong case in favor of one's license restoration.In Lakeland, Florida, a Writ of Certiorari and Appeal of License Suspension is a legal process that allows individuals to challenge the suspension of their driver's license through the filing of a certiorari petition or by appealing the suspension decision. This process plays a crucial role in ensuring that individuals are given an opportunity to present their case and seek a remedy for license suspensions imposed by the Florida Department of Highway Safety and Motor Vehicles (DHS MV). A Writ of Certiorari is a formal request made to a higher court to review and correct the decision of a lower court. In the context of license suspension, this writ is typically used when individuals believe that the DHS MV made an erroneous decision or violated their due process rights in suspending their driver's license. By filing a Writ of Certiorari in the appropriate circuit court, individuals can seek a review of the administrative actions taken by the DHS MV and request the court to quash or overturn the suspension. Appealing a license suspension involves initiating an administrative appeal process to challenge the DHS MV's decision regarding the suspension. This process is typically initiated by filing a Notice of Appeal within a specified time frame after receiving notice of the license suspension. Individuals can avail themselves of an administrative hearing where they can present evidence, argue their case, and challenge the validity of the suspension. Administrative appeal hearings for license suspensions in Lakeland, Florida, are often conducted by the Division of Administrative Hearings (NOAH). It is essential to ensure compliance with the relevant deadlines and procedures established by the DHS MV and NOAH to protect one's rights during the appeal process. Some specific types of Lakeland, Florida Writs of Certiorari and Appeals of License Suspension include: 1. Administrative Suspension Appeals: These appeals are relevant when a driver's license is suspended by the DHS MV due to issues such as driving under the influence (DUI), accumulation of points on the driving record, or being declared a habitual traffic offender. 2. Medical Suspension Appeals: If an individual's driver's license is suspended by the DHS MV due to medical reasons, such as a condition that impairs their ability to safely operate a motor vehicle, they may file an appeal to contest the suspension. 3. Hardship License Appeals: Individuals who have had their driver's licenses suspended but need limited driving privileges for necessary purposes, such as work or medical appointments, may seek a hardship license. The process of obtaining a hardship license involves appealing the license suspension and demonstrating an undue hardship caused by the absence of driving privileges. 4. Ignition Interlock Device (DID) Appeals: Certain DUI-related suspensions may require individuals to install an Ignition Interlock Device in their vehicles. If the DHS MV imposes such a requirement, individuals may appeal the decision to contest the installation or duration of the DID. By utilizing the appropriate Writ of Certiorari or filing an appeal, individuals in Lakeland, Florida, have the opportunity to challenge the DHS MV's decision regarding license suspension, protecting their driving privileges and seeking a fair resolution. It is crucial to consult with an experienced attorney who specializes in traffic and administrative law to navigate the complex procedures and build a strong case in favor of one's license restoration.
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.
