Supreme Court of Florida

Joseph B. Wiggins, Petitioner v. Florida Department of Highway Safety and Motor Vehicles, Respondent

January 31, 201742 Fla. L. Weekly Supp. 85

Summary

The Court held that, in first-tier certiorari review of a DUI license suspension, a circuit court must consider objective video evidence when determining whether the agency's findings are supported by competent, substantial evidence. When video evidence totally contradicts and refutes an officer's account of the events, that account is not competent, substantial evidence, and rejecting it does not constitute improper reweighing. Justice Canady, dissenting, would have approved the lower appellate decision because he viewed the video and testimony as mutually supportive and concluded that the circuit court improperly reweighed the evidence.