DUI Case Results in 2016

Six Month Suspension Invalidated

On November 8, 2016, a HSMV filed hearing officer in Tampa invalidated a six-month administrative suspension after it was determined that the facts showed “insuffiicent evidence to support the suspension because of conflicting evidence or discrepancies.”

Breath Test over .08 Six Month Administrative Suspension Invalidated

On October 12, 2016, a HSMV field hearing officer in Tampa, FL, invalidated a six month administrative suspension after an accusation that our client had a BAC of .08 or higher on the Intoxilyzer 8000. We filed a demand for a formal review hearing to invalidate the suspension. The motion to invalidate was granted because the DUI evidentiary packet was not received from the arresting deputy with the Hillsborough County Sheriff’s Office.

Both One Year Suspension and CDL Disqualification Invalidated Because of Incorrect Reading of Refusal Warning

On October 3, 2016, a HSMV field hearing officer in Tampa, FL, invalidated a one-year suspension for refusing to submit to a breath test and a one-year disqualification of the Commercial Driver’s License for a CDL holder. After a full hearing with five witnesses who testified, the hearing officer agreed with our argument that there was insufficient evidence to support the suspension and disqualification “because no or improper Implied Consent Warnings” were read to the CDL driver who had been operating a semi-truck involved in a crash with another semi-truck at the time of the arrest.

Six Month Administrative Suspension Invalidated After Additional Review

On July 26, 2016, after a DUI checkpoint arrest by the Tampa Police Department, HSMV Field Hearing Officer David Laliberte invalidated a six-month suspension (that had previously been upheld by another hearing officer) because “[u]pon reviewing the facts of the case, the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the stop was invalid or lacked evidence.”

One Year Refusal Suspension Invalidated after DUI Arrest

On July 25, 2016, Hearing Officer C. Wright invalidated a one-year administrative suspension after a DUI arrest. After a full hearing with witnesses, the hearing officer decided that there was “insufficient evidence to support the suspension because of conflicting evidence or discrepancies.”

One Year Refusal Suspension Invalidated after DUI Arrest

On July 22, 2016, the hearing officer invalidated a suspension after an arrest for DUI with un unlawful alcohol level because after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear at the hearing.

One Year Suspension Invalidated Because of Missing Video

On June 13, 2016, the hearing officer set aside the one year administrative suspension after determining there was “conflicting evidence and discrepancies.” At the hearing conducted on May 24, 2016, the arresting officer failed to appear but he had previously sent a written request to the department for a continuance. The hearing officer initially found that another hearing officer had released the arresting officer from appearing. The hearing officer found that the hearing officer had not therefore “failed to appear.” Nevertheless, we made a motion to invalidate. The hearing officer abruptly closed the evidentiary portion of the hearing and left the room. The hearing officer then typed up a decision sustaining or upholding the 12 months suspension even though we never had a chance to question the arresting officer. We wrote a letter to the attorney for the DHSMV asking them to reconsider so that we would not have to file a petition for writ of certiorari and incur attorney fees and costs. We also included in the letter a request for the DHSMV to pay the attorney fees under Florida Statute Section 57.105, Fla. R.App. P. 9.400, and all other applicable provisions of Florida law that allow for the award of attorney fees and costs in that type of case. Instead of forcing us to pursue the writ of certiorari, the DHSMV just decided to invalidate the suspension and remove it from the record. Moral of the story: After you receive the decision upholding the suspension, ask for reconsideration within 7 days and put the Office of General Counsel on notice of your intention to ask for attorney fees and costs before filing the writ of cert.

One Year Refusal Suspension Invalidated after DUI Arrest

On April 21, 2016, Hearing Officer Tom LeGare with the Clearwater Bureau of Administrative Reviews (BAR) Office entered a final order invalidating a six month suspension for DUI with a BAC over .08 because the hearing officer determined that there was not enough information to support the administrative suspension. The driving privilege was reinstated for that suspension the same day.

One Year Refusal Suspension Invalidated after DUI Arrest

On March 30th, 2016, Hearing Officer E. Tine invalidated a one year refusal suspension because an officer with the Pasco County Sheriff’s Office failed to appear at the hearing.

DUI with a Refusal to Take the Breath Test Dismissed Entirely by the Court

On January 4, 2016, the Honorable Paul T. Jeske granted our motion to suppress evidence. Our motion alleged that the stop by an officer with the Florida Highway Patrol was without probable cause. After the motion to suppress was granted the Judge then granted our motion to dismiss the charge of DUI (the only criminal charge in the case). The Court also merged and dismissed all of the civil traffic infractions in the case so that the client walked out of the courtroom with the entire case being resolved in his favor.