Supreme Court of Florida

Joseph B. Wiggins, Petitioner v. Florida Department of Highway Safety and Motor Vehicles, Respond — Canady, J…

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

Summary

Justice Canady dissented from the majority’s interpretation of the dashboard video and its conclusion that the video contradicted the deputy’s testimony. He would have held that the video, testimony, and report constituted competent, substantial evidence supporting the hearing officer’s finding that the traffic stop was based on reasonable suspicion of impairment, and that the circuit court improperly reweighed the evidence during first-tier certiorari review. Justice Polston concurred in the dissent.