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 Tampa Florida Writ of Certiorari and Appeal of License Suspension Introduction: In Tampa, Florida, individuals facing license suspension have the option to file a Writ of Certiorari and pursue an appeal to challenge the decision. This article aims to provide a comprehensive overview of what a Writ of Certiorari is and the process of appealing a license suspension in Tampa, Florida. We will also touch upon different types of appeals within this jurisdiction. 1. Tampa Florida Writ of Certiorari Explained: A Writ of Certiorari is a legal order that allows an appellate court, such as the Tampa District Court of Appeal, to review and evaluate a lower court's decision. In the context of license suspension appeals, individuals can file a Writ of Certiorari to contest the decision made by the Florida Department of Highway Safety and Motor Vehicles (DHS MV). 2. Grounds for Filing Writ of Certiorari: To proceed with a Writ of Certiorari in Tampa, Florida, the petitioner must provide substantive reasons, also known as "grounds," for challenging the license suspension decision. Some common grounds for filing include: — Errors in legal interpretation or application of statutes and regulations — Violation of an individual's due process rights during the administrative hearing — Lack of substantial evidence to support the license suspension 3. Process of Filing Writ of Certiorari: To initiate a Writ of Certiorari, individuals must follow a specific procedure in Tampa, Florida. The key steps include: a. Filing a petition with the appropriate appellate court within 30 days of the license suspension order. b. Submitting relevant documents and supporting evidence along with the petition. c. Paying the required filing fees. d. Serving a copy of the petition to all involved parties. e. Attending oral arguments if scheduled by the court. f. Waiting for the court's decision, which may take several weeks or months. 4. Tampa Florida Appeal of License Suspension: Apart from seeking a Writ of Certiorari, individuals may also have the option to directly appeal the license suspension decision. In such cases, the appeal is filed with the appropriate District Court of Appeal, as prescribed by Tampa, Florida's jurisdiction. This alternative approach involves presenting arguments and evidence to convince the appellate court to overturn the license suspension. 5. Different Types of Appeals in Tampa, Florida: Within the realm of license suspension appeals, there are various types of appeals that individuals can pursue based on the specific circumstances. Some notable types include: — Appeals for driving under the influence (DUI) license suspensions — Appeals related to habitual traffic offender (HTO) status and subsequent suspensions — Appeals for commercial driver's license (CDL) suspensions Conclusion: When faced with a license suspension in Tampa, Florida, individuals have the recourse to file a Writ of Certiorari or an appeal to challenge the DHS MV's decision. Understanding the process and potential grounds for these appeals empowers individuals to protect their rights and seek a favorable outcome amidst license suspension orders.Title: Understanding Tampa Florida Writ of Certiorari and Appeal of License Suspension Introduction: In Tampa, Florida, individuals facing license suspension have the option to file a Writ of Certiorari and pursue an appeal to challenge the decision. This article aims to provide a comprehensive overview of what a Writ of Certiorari is and the process of appealing a license suspension in Tampa, Florida. We will also touch upon different types of appeals within this jurisdiction. 1. Tampa Florida Writ of Certiorari Explained: A Writ of Certiorari is a legal order that allows an appellate court, such as the Tampa District Court of Appeal, to review and evaluate a lower court's decision. In the context of license suspension appeals, individuals can file a Writ of Certiorari to contest the decision made by the Florida Department of Highway Safety and Motor Vehicles (DHS MV). 2. Grounds for Filing Writ of Certiorari: To proceed with a Writ of Certiorari in Tampa, Florida, the petitioner must provide substantive reasons, also known as "grounds," for challenging the license suspension decision. Some common grounds for filing include: — Errors in legal interpretation or application of statutes and regulations — Violation of an individual's due process rights during the administrative hearing — Lack of substantial evidence to support the license suspension 3. Process of Filing Writ of Certiorari: To initiate a Writ of Certiorari, individuals must follow a specific procedure in Tampa, Florida. The key steps include: a. Filing a petition with the appropriate appellate court within 30 days of the license suspension order. b. Submitting relevant documents and supporting evidence along with the petition. c. Paying the required filing fees. d. Serving a copy of the petition to all involved parties. e. Attending oral arguments if scheduled by the court. f. Waiting for the court's decision, which may take several weeks or months. 4. Tampa Florida Appeal of License Suspension: Apart from seeking a Writ of Certiorari, individuals may also have the option to directly appeal the license suspension decision. In such cases, the appeal is filed with the appropriate District Court of Appeal, as prescribed by Tampa, Florida's jurisdiction. This alternative approach involves presenting arguments and evidence to convince the appellate court to overturn the license suspension. 5. Different Types of Appeals in Tampa, Florida: Within the realm of license suspension appeals, there are various types of appeals that individuals can pursue based on the specific circumstances. Some notable types include: — Appeals for driving under the influence (DUI) license suspensions — Appeals related to habitual traffic offender (HTO) status and subsequent suspensions — Appeals for commercial driver's license (CDL) suspensions Conclusion: When faced with a license suspension in Tampa, Florida, individuals have the recourse to file a Writ of Certiorari or an appeal to challenge the DHS MV's decision. Understanding the process and potential grounds for these appeals empowers individuals to protect their rights and seek a favorable outcome amidst license suspension orders.
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.
