Monthly Archives: October 2014

The Subpoena Duces Tecum at the Formal Review Hearing

October 30, 2014 – 22:34

The Bureau of Administrative Reviews (BAR) of the Florida DHSMV has been busy writing memorandums explaining their interpretation of the administrative rules and how the rules apply to the new telephonic hearings. Please leave a comment if you disagree with our strategy or use a different strategy. Read the new rules carefully. It is not […]

By lsammis | Posted in Tampa DUI Attorney | Tagged , , | Comments (5)

Hello? New Procedures for Formal Review Hearings by Telephone

October 30, 2014 – 21:11

Update on Friday, August 14, 2020:  In DHSMV v. Edenfield, 58 So. 3d 904, 907 (Fla. 1st DCA 2011), the court held that witness may appear for the formal review hearing hearing by telephone. In DHSMV v. Bennett, 125 So. 3d 367, 369 (Fla. 3d DCA 2013), the court held that a party does not […]

By lsammis | Posted in Tampa DUI Attorney | Tagged , | Comments (2)

New Procedures for Getting DUI Videos from Florida Highway Patrol

October 29, 2014 – 11:04

It has always been difficult to get the DUI arrest videos from the Florida Highway Patrol. In many of these cases the defense attorney ends up filing a motion to compel the prosecutor to provide the video. The court then orders the prosecutor to provide the video within a certain number of days or face […]

By lsammis | Posted in Tampa DUI Attorney | Comments (1)

Is a DUI in Florida a Misdemeanor or a Felony?

October 20, 2014 – 23:03

Although the vast majority of DUI cases are charged as a misdemeanor, the answer to that question ultimately depends on a host of factors. In fact, we have counted at least 15 different ways that a DUI could be charged in Florida. Below is a quick summary of the statutory maximum penalties allowed under Florida […]

By lsammis | Posted in Tampa DUI Attorney | Tagged , , | Comments (1)