Category: Tampa DUI Attorney
Intoxilyzer 8000 Problems – Lack of Substantial Compliance Cases in Florida
The best way to win a DUI breath test case occurs when the court excludes the breath test affidavit. On April 28, 2023, the Honorable Mary Catherine Green, County Judge in Lakeland, FL, granted a motion to exclude our client’s breath test after we alleged the machine did not substantially comply with the administrative rules. […]
Written by Leslie Sammis on January 24, 2024
Florida’s DUI Diversion Pilot Program
In 2018, Florida had 43,725 criminal violations for DUI. As a way to discourage recidivism in DUI cases, make the system more fair for those arrested, and protect the public, the Florida Legislature is considering creating a state-wide statutory diversion program for DUI cases. The goal of protecting the public is best accomplished by discouraging […]
Written by Leslie Sammis on February 4, 2020
Should I take the breath test or refuse?
People sometimes ask: “If I get arrested for DUI, should I take the breath test or refuse?” The answer is: “It depends.” With recent changes in DUI law, a person should keep these things in mind. Florida’s Intoxilyzer 8000 Machines are Really Old Florida’s Intoxilyzer 8000 machines were put into service in 2006. As the […]
Written by Leslie Sammis on July 1, 2019
DHSMV Training 2017
According to the Florida Impaired Driving Coalition (FIDC) Meeting Report from August 24-25, 2017, Kathy Jimenez-Morales indicated that the BAR Class on administrative suspensions was available in an online format that could be provided to officers at the upcoming FDOT Law Enforcement Challenge. Kathy Jimenez-Morales is the Chief Counsel of Driver Licenses with the DHSMV Office […]
Written by Leslie Sammis on September 22, 2018
14 Ways to Win a Formal Review Hearing
Why have a formal review hearing? For anyone who can afford to hire an attorney to contest the administrative suspension after a DUI arrest, the benefits of having the hearing often outweigh any potential downside. Let’s start with the fact that there are fourteen (14) different ways to win a formal review hearing, according to […]
Written by Leslie Sammis on July 15, 2018
Is the DHSMV Training Officers on How To “Win” the Formal Review Hearing?
Congrats to Lee Lockett, a DUI defense attorney in Jacksonville Beach, FL. I cut and paste below an important ruling he just obtained after filing a petition for a writ of certiorari against the Department of Highway Safety and Motor Vehicles (DHSMV). The ruling is important for two reasons. First, it points out the problem […]
Written by Leslie Sammis on June 22, 2018
Tampa’s Central Breath Testing (CBT) Unit Compromised
After a DUI arrest in Hillsborough County, FL, you will be taken to a room at the Central Breath Testing (CBT) unit located within the Orient Road Jail in Tampa, FL, and asked to submit to a breath test on an Intoxilyzer 8000. For the breath test result to be admissible at trial, certain rules […]
Written by Leslie Sammis on March 24, 2018
RIDR – DUI Diversion in Hillsborough County, FL
Attorney explains the DUI Diversion Program called “Reducing Impaired Driving Recidivism” RIDR in Hillsborough County, FL.
Written by Leslie Sammis on February 27, 2018
DUI Statistics in Tampa, FL
The Tampa Police Department gathers statistics to monitor the activities of the DUI enforcement officers. We have obtained these summaries for 2015, 2016, and 2017. The summary keeps track of the number of people arrested for DUI each year along with the corresponding refusal rate: 1,729 DUI arrests in 2017 with 44.48% refusal rate; 2,087 DUI […]
Written by Leslie Sammis on August 19, 2017
Do you lose your driver’s license for a DUI?
During the initial consultation, one of the most frequent questions is: “Will I lose my driver’s license because of the DUI?” The short answer is that it depends. After a DUI arrest, your driver’s license is impacted in two ways – the administrative suspension and the court-ordered suspension. The “On-the-Spot” Administrative Suspension First, the officer […]
Written by Leslie Sammis on August 4, 2017