Category: Formal Review Hearing
Statistics on Administrative Suspensions in 2015
Recent statistics from the Bureau of Administrative Review Office shows that for all of the administrative suspensions invalidated in 2015, the hearing officers gave the following reasons listed in order by percentage: No .02 Agreement on the Intoxilyzer Breathalyzer Test -.05% No Probable Cause Under 21 – .17% Refusal Affidavit Not Attested To -.98% No […]
Written by Leslie Sammis on April 6, 2017
Florida DUI Rules for the Administrative Suspension – It’s Complicated…
Sticky
After an arrest in Florida for DUI, the officer might take your driver’s license and issue you an “on the spot” administrative suspension. You only have ten (10) calendar days to protect your driver’s license and ability to drive. Some people might tell you to waive all your rights by going to the DHSMV to […]
Written by Jason Miller on March 20, 2014
To Waive or Not to Waive – Request for Eligibility Review after a DUI Arrest in Florida
Florida law recently changed the rules on formal review hearings after a DUI arrest. Just because you CAN waive your right to a formal review hearing does not mean you SHOULD waive your rights. I’m still telling my clients to let me file the demand for a formal review hearing (instead of forever waiving […]
Written by Jason Miller on July 17, 2013
The DMV’s Policy at DUI Formal Review Hearings – No Call, No Show, No Problem
This article discusses the absurd position taken by the DHSMV that requires the petitioner to file a “Motion to Enforce a Subpoena” under Florida Statute § 322.2615(6)(c) after a witness fails to appear for a formal review hearing to contest the administrative suspension. Read more about how Florida DUI attorneys can deal with the DHSMV’s […]
Written by Jason Miller on February 23, 2013
It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing
After a DUI arrest in Florida the driver can request a formal or informal review hearing to contest the administrative suspension of the driver’s license. That administrative suspension can range from 6 months to 18 months. The hard suspension (no driving for any reason) that can range from 30 days to 18 months. The administrative […]
Written by Jason Miller on April 7, 2012
Florida Administrative Driver License Suspension After a DUI Arrest
Arrested for DUI in Tampa, Hillsborough County, FL? You only have ten (10) days to request a formal review hearing to contest the administrative suspension of your driver license.
Written by Jason Miller on March 23, 2009