Derrick Owen Carpenter v. Department of Highway Safety and Motor Vehicles

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

DERRICK OWEN NOT FINAL UNTIL TIME EXPIRES TO CARPENTER, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D17-234 v.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Appellee. _____________________________/ Opinion filed August 28, 2017.

An appeal from the Circuit Court for Duval County. James H. Daniel, Judge.

David M. Robbins and Susan Z. Cohen, Epstein & Robbins, Jacksonville, for Appellant.

Christie S. Utt, General Counsel, and Jason Helfant, Senior Assistant General Counsel, Department of Highway Safety & Motor Vehicles, Lake Worth, for Appellee.

PER CURIAM.

DENIED. See Arthur v. State, 818 So. 2d 589, 592 n.4 (Fla. 4th DCA 2002) (stating that the Department’s records are “prima facie evidence” that the driver *2 committed the offenses identified in its records, and that the burden then shifts to the driver to dispute the evidence). ROWE, MAKAR, and JAY, JJ., CONCUR.