Tag Archives: Formal Review Hearing

Statistics on Administrative Suspensions in 2015

April 6, 2017 – 20:59

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 […]

By lsammis | Posted in administrative suspension, Formal Review Hearing, Hillsborough County Sheriff's Office, Tampa DUI Attorney, waiver review | Also tagged | Comments (4)

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 | Also 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 | Also tagged | Comments (2)

What is the “Business Purpose Only” Hardship License?

May 19, 2014 – 22:33

If your license is suspended, revoked or canceled, then you may still qualify for a Class E driver’s license that restricts driving to only certain purposes. The Class E license can include either a C Restriction or a D Restriction. The C Restriction is the “Business Purpose Only” license; and The D Restriction is the […]

By lsammis | Posted in administrative suspension, Hardship license, Tampa DUI Attorney, waiver review | Also tagged , , , | Comments (11)

Florida DUI Rules for the Administrative Suspension – It’s Complicated…

March 20, 2014 – 08:59

This article was last updated on Friday, November 13, 2020. 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 attorneys might tell you to […]

By lsammis | Posted in Tampa DUI Attorney | Also tagged , , | Comments (11)

To Waive or Not to Waive – Request for Eligibility Review after a DUI Arrest in Florida

July 17, 2013 – 16:46

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 those […]

By lsammis | Posted in Business Purpose Only, Formal Review Hearing, Hillsborough DUI Attorney, Tampa DUI Attorney | Also tagged , , , | Comments (8)

Florida’s New Laws for DUI Administrative Suspensions and Reviews

June 21, 2013 – 07:45

Beginning July 1, 2013, the rules for the administrative suspension of a driver’s license after a DUI arrest, and the right to review that administrative suspension will change. Criminal defense attorneys who practice DUI defense will have to act quickly to understand the legislative changes. Update: Click here for a “How to Guide” on conducting […]

By lsammis | Posted in Tampa DUI Attorney | Also tagged , , | Comments (12)

The DMV’s Policy at DUI Formal Review Hearings – No Call, No Show, No Problem

February 23, 2013 – 16:34

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 “No […]

By lsammis | Posted in Formal Review Hearing, Hillsborough DUI Attorney, Tampa DUI Attorney | Also tagged , , , , | Comments (1)

It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing

April 7, 2012 – 10:02

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 […]

By lsammis | Posted in Florida DUI Breath Test, Florida DUI refusal, Formal Review Hearing, Tampa DUI Attorney | Also tagged , , , , , , | Comments (4)