Further, we hold in this limited context that evidence which is totally contradicted and totally negated and refuted by video evidence of record, is not competent, substantial evidence. We answer the rephrased certified question in the affirmative and hold that in this context of section 322.2615 first-tier review, a circuit court must review and consider video evidence of the events which are of record as part of its competent, substantial evidence analysis. This certified question presents a pure question of law and is, therefore, subject to de novo review. WHETHER A CIRCUIT COURT CONDUCTING FIRST- TIER CERTIORARI REVIEW UNDER SECTION 322.2615, FLORIDA STATUTES, APPLIES THE CORRECT LAW BY REJECTING OFFICER TESTIMONY AS COMPETENT, SUBSTANTIAL EVIDENCE WHEN THAT TESTIMONY IS CONTRARY TO VIDEO EVIDENCE. Here, the First District certified a question of great public importance, which we rephrase as follows: This case is before the Court to review the decision of the First District Court of Appeal in Florida Department of Highway Safety & Motor Vehicles v. There is no audio in the original (court has made it available here DUI in-car Video of Traffic Stop ) – judge the alleged bad driving for yourself.įLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES You can skip to about 12:00 minutes to see what the video shows about this allegation of impaired driving. One of our sources says a Court, “applies correct law by rejecting officer testimony as being competent, substantial evidence when that testimony is contrary to and refuted by objective real-time video evidence. Video is almost a half-hour long and we never see the citizen out of the car to see or hear if he even appeared or sounded impaired. The cop is out of the car and in the video for less that 2 minutes. Cop drives past a couple of his buddies in the median and activates his overhead lights. The cop cruises along for over 14 minutes and the driving looks fine. The Video on YouTube in this important case is embedded below. “evidence which is totally contradicted and totally negated and refuted by video evidence of record, is not competent, substantial evidence.
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