The rumors appear to be true, with confirmation of this policy change having been received across the state from both hearing and police officers. Perhaps we will need to attempt to re-open the federal lawsuit filed in 1990 challenging the constitutionality of the statute [322.2615].
In their reply brief, counsel for DHSMV responded to the brief Scott Fingerhut and I authored by stating that "[a]micus challenges the constitutionality of section 322.2615 on the ground that it denies confrontation of the evidence and cross-examination of witnesses, including the arresting officer. This argument is fallacious [because the plaintiff's] suspension was invalidated when the arresting officer failed to appear at the hearing." See SUPPLEMENTAL BRIEF OF THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES IN ESSEN V. MELLON, Case No. 90-2243-Civ-Moreno, at p. 9 (emphasis added). I am no expert on the subject but I intend to see if we can file a motion to re-open that matter before Judge Moreno after I return from my vacation.
Enjoy the holiday!
Thursday, July 01, 2010