Lord v. Davis

• Decision Date: 17 January 1974
• Docket Number: No. T-496,T-496
• Citation: 288 So.2d 260
• Court: Florida District Court of Appeals
• Parties: Kenneth L. LORD, Petitioner, v. Ralph DAVIS, as Director Department of Highway Safety and Motor Vehicles, an agency of the State of Florida, Respondent.

Page 260

288 So.2d 260

Kenneth L. LORD, Petitioner, v. Ralph DAVIS, as Director Department of Highway Safety and Motor Vehicles, an agency of the State of Florida, Respondent.

No. T-496.

District Court of Appeal of Florida, First District.

Jan. 17, 1974.

Rehearing Denied Feb. 5, 1974.

Thomas F. Woods, of Woods & Johnston, Tallahassee, for petitioner.

Edwin E. Strickland, Tallahassee, for respondent.

PER CURIAM.

By this petition for a writ of certiorari, petitioner seeks review of the respondent's decision affirming a prior order of revocation of petitioner's driver's license for a period of five years.

Petitioner contends that it was an abuse of discretion on the part of the Department of Highway Safety & Motor Vehicles to refuse to review the petitioner's case on the merits to determine whether the penalty required under the 'habitual traffic offender' statutes should be modified. Specifically, it is contended that there is a direct conflict between Florida Statutes, Sections 322.27(5) and 322.28(2)(c), F.S.A. The former states that the Department Shall revoke the license of any person designated an habitual offender and such person shall not be eligible to be relicensed for a minimum of five years. The latter, § 322.28(2)(c), provides that any person having his license revoked or suspended may apply to the Department for review of said revocation or suspension and restoration of his driving privileges. The conflict, contends petitioner, becomes obvious when one turns to F.S., § 322.331, F.S.A., which states that 'at the expiration of five years from the date of license revocation, a person whose license has been revoked under § 322.27(5) may petition the Department for restoration of driving privileges.'

While at first glance, there does appear to be a conflict in the statutes with regard to the restoration of driving privileges to an habitual traffic offender before the five year period has ended, further perusal of the 'habitual traffic offender' act, as enacted in 1972, reveals that the Legislative intent to deprive the habitual offender of driving privileges for a period of five years is clear. In 1972, along with the enactment of provisions applying to the habitual traffic offender, the Legislature also amended § 322.271 to exclude those persons whose licenses had been revoked as habitual traffic offenders from administrative hearings conducted by the Department for the purpose of modifying a suspension or revocation, or restoring a...