Sammis Law Firm
Sammis Law Firm
In a recent trial court level decision, State vs. Liles, 21 Fla. L. Weekly Supp. 883a (FLWSUPP 2019LILE), a Circuit Court Judge in Florida found that Section 316.1933 is unconstitutional because of the holding in Missour v. McNeely, 133 S.Ct. 1552 (2013). Since Section 316.1933 was enacted, law enforcement officers have used it to force warrantless blood […]
Update June 13, 2019: In 2014, NHTSA research incorrectly found that as of 2011, Florida had the nation’s highest refusal rate at eighty-two percent. See Esther S. Namuswe, Heidi L. Coleman & Amy Berning, Breath Test Refusal Rates in the United States–2011 Update Report No. DOT HS 811 881, National Highway Traffic Safety Administration 1, […]
In order to discourage individuals from refusing to submit to a chemical test during a DUI investigation, the Florida legislature created a separate crime for a second refusal. The Florida legislature reasoned that without the legislation, people might be encouraged to refuse a breath test after an arrest in order to avoid a DUI conviction. […]
Update: The procedures for the Formal Review Hearing change over time, so we updated this guide recently. The most drastic changes occurred after March 9, 2020, when Governor Ron DeSantis issued Executive Order 20-52, declaring a State of Emergency for COVID-19. As a result, all formal review hearings are being conducted telephonically. This “how to […]
In State v. Larking, 23 Fla. L. Weekly Supp. 271b (August 10, 2015), the Honorable Margaret R. Taylor, Judge in Tampa, Hillsborough County, granted a motion filed by Eilam Isaak, Isaak Law, PLLC, Tampa. The issue in the case was whether the breath test results should be suppressed when the machine was inspected with unapproved […]
I recently attended a hardship hearing at the Florida Bureau of Administrative Review office in Tampa, FL, in Hillsborough County. These hardship hearings can occur after an administrative suspension for a first DUI that might last for 6 months or for a permanent lifetime revocation after a fourth DUI, or anything else in between. I […]
For certain types of traffic violations, Florida Statutes 322.0261 requires completion of a 4-hour Basic Driver Improvement course approved by the Department of Highway Safety and Motor Vehicles. You must take the course after a conviction for: 1. Highway Racing (as a driver or passenger); or 2. Reckless Driving. You have to take the course […]
In a recent decision in State v. Drudy, 23 Fla. L. Weekly Supp. 477a (May 13, 2015), Judge Scott A. Farr, in Tampa, Hillsborough County, FL, found that the use of common carrier to transport the Intoxilyzer 8000 breathalyzer between the Central Breath Testing Facility at the Hillsborough County Sheriff’s Office and the repair facilities does not violate the administrative rules.
Many of our clients ask us about the definition of the “Business Purposes Only” restriction placed on a Florida Driver License. The restriction can occur after a DUI arrest while the attorney is fighting the administrative suspension (when the client is driving on a 42-day permit) and during the rest of the administrative suspension […]
What if the prosecutor wants to see your medical records during a DUI investigation in Florida? In many of these cases, the prosecutor with the State Attorney’s Office will mail you a letter that puts you on notice that the prosecutor intends to subpoena your medical records from the hospital or medical facility where you […]
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Sammis Law Firm, P.A.
1005 N. Marion St.
Tampa, FL 33602
(813) 250-0200
Sammis Law Firm, P.A.
7509 Little Rd.
New Port Richey, FL 34654
(727) 807-6392
Sammis Law Firm, P.A.
14010 Roosevelt Blvd. #701
Clearwater, FL 33762
(727) 210-7004
