¶1At petitioner’s implied consent hearing held pursuant to Section 322.261, Florida Statutes (1987), the county court placed the burden of proof on petitioner, and ultimately sustained the suspension of petitioner’s driver’s license. The circuit court affirmed. After petitioner filed a petition for writ of certiorari, the respondent confessed error, stating that the burden of proof in a section 322.261 hearing should be on the state. We therefore grant the petition for writ of certiorari and remand this case for further consistent proceedings.
558 So. 2d 535
Vernon v. State
District Court of Appeal of Florida
Decided March 29, 1990
District Court of Appeal of Florida · decided 1990-03-29
Cited by 1 later decisions — most recently February 1994
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1990-03-29
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