Category: Tampa DUI Attorney
The Subpoena Duces Tecum at the Formal Review Hearing
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 […]
Written by Jason Miller on October 30, 2014
Hello? New Procedures for Formal Review Hearings by Telephone
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 […]
Written by Jason Miller on October 30, 2014
New Procedures for Getting DUI Videos from Florida Highway Patrol
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 […]
Written by Jason Miller on October 29, 2014
Is a DUI in Florida a Misdemeanor or a Felony?
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 […]
Written by Jason Miller on October 20, 2014
Hillsborough County Sheriff’s Office Checkpoint on Friday, June 20, 2014
If you were arrested in Friday night’s DUI checkpoint in Brandon, Florida, give us a call to discuss your case. Many states have banned the use of checkpoints under their state constitution. In Florida, the use of DUI checkpoints are highly regulated by the courts. As a result, the checkpoints are highly ineffective at catching […]
Written by Jason Miller on June 21, 2014
Florida’s Under Age 21 Suspension in 322.2616 F.S.
At the Sammis Law Firm, our attorneys spend a lot of time at the Bureau of Administrative Reviews (BAR) office, fighting DUI administrative suspensions. We believe that the formal review hearing to contest that administrative suspension is one of the most important parts of the DUI case. We also represent young people who are not […]
Written by Jason Miller on June 16, 2014
DUI Enforcement in Tampa over Memorial Day Weekend
The Hillsborough County Sheriff’s Office issued a press release on Thursday, May 22, 2014, about Operation 3D Saturation. Although no checkpoints are scheduled, deputies will be on the lookout for impaired drivers this Memorial Day weekend. HCSO will also be using increased patrol units county wide from Friday, May 23, 2014 at 8:00 p.m. […]
Written by Jason Miller on May 24, 2014
What is the “Business Purpose Only” Hardship License?
If your license is suspended, revoked or canceled, you may still qualify for a Class E driver’s license that restricts driving for certain purposes. The Class E license can include either a C or D Restriction. The C Restriction is the “Business Purpose Only” license The D Restriction is the “Employment Purpose Only” license No […]
Written by Jason Miller on May 19, 2014
Will Florida Change DUI to DWI? Read Florida 2014 HB 299 and SB 1118…
It’s back. A version of the 2012 bill introduced in the Florida House and Senate to change DUI in Florida to DWI was introduced again this year. This year it is called Florida House Bill 299 and Senate Bill 1118. Under the proposed legislation, instead of requiring the prosecutor to prove that a person was […]
Written by Jason Miller on March 24, 2014
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