Appeal No: BB-44

Case No: CI98-048218-XX

ALICEA DAMARIS,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

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This is an appeal of a traffic citation from the county court of Polk County, Hearing Officer Rachel N. Medlin presiding. Appellant, Demaris Alicea, appeals the ruling of the hearing officer. This court has jurisdiction. Fla. R. App. P. 9.030(c). Affirmed.

A Polk County Sheriff’s deputy ticketed Appellant for improper backing in violation of section 316.1985, Florida Statutes, (1999). It states:

316.1985. Limitations on backing

(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Appellant argues on appeal that she should not have been charged with the accident because the other driver was speeding and lied about other occupants in his car. She further argues that while she had been backing on the roadway, she stopped when she saw the car approaching. She remained in the roadway even when it was apparent that the other car would hit her car. The hearing officer adjudicated her guilty and fined her $77.00 plus costs.

A hearing officer’s findings of facts are presumptively correct and will be upheld if based upon competent substantial evidence. Kelle v. D. H. Holmes Co., Ltd., 658 So. 2d 1161, 1162 (Fla. 2d DA 1995). This court may not re-weigh evidence to reach a different outcome. Almeida v. State, 1999 WL 506965, at 11 (Fla. 1999). This court finds that the record contains Appellant’s admission, and other competent substantial evidence that Appellant violated section 316.1985.

Accordingly, it is ORDERED that the ruling of the county court is affirmed.

ORDERED February 17, 2000

Charles B. Curry

Chief Judge