Drunk Driver Blows .291 (Nearly 4x’s the Legal Limit) Crashes Into Park Bench; LICENSE REINSTATED!
Client was arrested by the Florida Department of Environmental Protection in a Florida state park. He was cited for DUI, DUI with property damage after he had crashed into a park bench. He also failed to pay the fee to enter the park and was cited with an additional traffic citation. Officers had noted a strong odor of alcoholic beverage, slurred speech, allegedly admitted to drinking, could not stand without assistance. It appears that he refused the field sobriety exercises but took the breath test with a result of .291, nearly four times the legal limit.
Result: The arresting agency failed to provide an arrest packet to the Bureau of Administrative Reviews. One of our attorneys attended the formal administrative review hearing, and moved to invalidate the suspension based upon no evidence to support it, where the motion was granted. The suspension was removed from the clients driving record and he is eligible for a duplicate license.
Driver Pulled Over for Speeding Arrested for DUI After Failing Field Sobriety Exercises; LICENSE REINSTATED!
Client had been arrested after bring pulled over at two in the morning for speeding. Officers reported that he had slurred speech, difficulty producing the requested documents, a strong odor of alcohol, difficulty standing and walking, and performed poorly on the FSE’s. Our Client also refused to take the breathalyzer test. He allegedly was quite nasty and combative with law enforcement at the station.
RESULT: Our Attorneys subpoenaed and served both the breath technician and the arresting officer. The arresting officer failed to appear and failed to provide good cause for his failure to appear. REINSTATED!
Driver Blows .241, Over Three times the Legal Limit; License Reinstated!
Client was observed by police driving the wrong way, swerving between lanes of traffic and not wearing a seatbelt. A traffic stop was made, when it was noticed that the driver had glassy eyes, slurred speech, and smelled of alcohol. When asked to step out of the car, the driver urinated on herself, and had poor balance. Field sobriety tests were administered, where she performed poorly. The breathalyzer test results were .234 and .241, over three times the legal limit.
An arrest was made where she was charged with DUI, careless driving, driving with the knowledge of a suspended license and not wearing a seatbelt.
RESULTS: Both arresting officers failed to appear for the hearing. REINSTATED!
Driver Involved in a Two Car Accident Admits to Drinking and Driving; Refused Breath Test! License REINSTATED!
Officers were dispatched to the scene of a two car automobile accident. The police report alleges that our client admitted to drinking, had bloodshot and glassy eyes, and had failed the field sobriety exercises. Our client refused to take a breath test.
RESULT: Based upon the deficiencies in the arrest packet materials, we chose to not subpoena any police officers. The attorney on the case persuaded by his argument that there is insufficient evidence to prove that our client was driving, or in actual physical control of a motor vehicle. When the police officers arrived, our client was being treated by EMS, and was not in his vehicle. License REINSTATED!
Driver Drives Over Curb, Blows .223, Three Times the Legal Limit; Able to Drive While DUI Case is Pending! License REINSTATED!
Our Client was pulled over for failing to maintain a single lane and allegedly drove up over the curb when making a turn. She allegedly had droopy, watery eyes and an odor of an alcoholic beverage. She participated in the field sobriety exercises, where she performed poorly. She took the breath test with results of .221 and .223, nearly three times the legal limit. Our client was then arrested and charged with DUI.
RESULT: A problem with the breath test sparked the interest of the attorney on the case, where further research was conducted. A letter was located and produced authored by the person in charge of the FDLE oversight of breath tests for the entire state, admonishing the breathalyzer technician for improperly performing this specific breath test. A request was made for the document to be entered into evidence. Based on the document, the hearing officer agreed and lifted the suspension on her driver’s license. License REINSTATED!
Driver Stops in the Middle of the Road, Puts His Car in Reverse; Fails Field Sobriety Exercises; License Reinstated!
Two witnesses stated that our client stopped his vehicle in the middle of the road ahead of them, put his car in reverse, and they had to take evasive measures to move out of his way. Officers were called, and as they approached the vehicle, the driver emitted an odor of alcohol and had slurred speech. Our client took part in the field sobriety exercises and performed poorly. He refused the breath test.
RESULT: One witness was subpoenaed, the arresting officer, who notified the Bureau that he could not make it on that date. The hearing officer reset the hearing to accommodate the arresting officer’s calendar. Despite the accommodation, the arresting officer failed to appear at the hearing, and the suspension was lifted. License REINSTATED!
Witness Reports Man Throwing Up on the Side of the Road; Police Find Man Passed Out in Vehicle; License REINSTATED!
A civilian witness called the police about a possible intoxicated driver, and reported that the driver threw up next to the vehicle. The car was parked with the driver in the driver’s seat when the police arrived. The report notes large amounts of vomit around the vehicle, it also notes, that the keys were in the ignition and the car was on. Our client reported that the car was not on, and that keys were in his wife’s purse located on the passenger side floor. The police allege that he was asleep when they approached the vehicle. Officers noted that the driver could not keep his balance and administered field sobriety exercises, however, the report was inconclusive due to the inability of the driver to follow instructions. He was arrested and consented to a breath test, where he had vomited several times, making it impossible for the police to administer the test. The driver then consented to a blood test. Blood was drawn and sent for testing.
RESULT: A formal prehearing motion to dismiss was submitted. The Administrative Code Rules allow an administrative suspension to be issued only in two circumstances: either the driver refuses breath, blood, or urine testing, or the driver consents to testing and the results are over the limit. Neither of the circumstances applies in this case and there should not have been an administrative suspension issued. Blood was drawn, but there was no testing done to determine whether the driver was over the legal limit. The hearing officer ruled on the motion at the formal administrative review hearing and granted the motion. Two police officers were subpoenaed and appeared, however, no testimony was taken and no testimony was necessary. License REINSTATED!
Client Drives Off of Roadway Four Times, Blows .269, Three Times the Legal Limit; License Reinstated!
Client was pulled over for failing to maintain lane, he drove off the roadway four times and into the grass. The stopping officer noted an extremely strong odor of alcohol and there was an upside down beer can in the cup holder and a box of beer on the passenger side floorboard. Client performed poorly on the field sobriety exercises where an arrest was made. He submitted to a breath test and blew .269, over three times the legal limit.
RESULT: Both the arresting officer and the breath tech appeared at the Formal Administrative Hearing. The following motions were made to invalidate the suspension; improper 20 minute observation period-there was a period of over an hour, improper breath test – over 2 ½ hours passed before breath samples were submitted, improper breath test – the machine is unreliable with a 25% failure rate. REINSTATED!
Driver Failing to Maintain Lane, Refuses to Perform FSE's, Refused Breath Test; License Reinstated!
Client was observed failing to maintain lane as he approached a toll plaza, where he swerved to avoid hitting a divider. The officer followed him for a few miles, he exited the highway, and then a stop was initiated. Our Client refused to perform the field sobriety exercises, and the breath test. An arrest for DUI was made, in addition to being cited for failing to maintain a lane, careless driving, and not wearing a seat belt.
RESULT: The arresting officer failed to appear for the hearing. The officer that made the stop did appear and did testify. Testimony was elicited that the stopping officer was not in her jurisdiction when she observed our Clients driving pattern. The officer also held our Client for 45 plus minutes until officers with proper jurisdiction arrived. This will allow our attorneys to file a motion to suppress the stop. REINSTATED!
Driver Admits to Drinking and Driving, Refuses Breath Test; License Reinstated!
Client was stopped for failing to use a turn signal and crossing all three lanes of traffic. After making contact with the driver, the officer observed that he had glassy and watery eyes, slurred speech, and emitted a strong smell of alcohol. He admitted to drinking and that he lost count of how many drinks he had consumed. Field sobriety tests were taken where our Client had performed poorly. He refused to submit to a breath test.
RESULT: The arresting officer failed to appear for the formal administrative review hearing on two separate occasions. REINSTATED!
Driver Caught Speeding, Blows .273, Three Times the Legal Limit; License Reinstated!
Officers initiated a traffic stopped after our Client was observed swerving and speeding. When the officer made contact with the driver he noticed a strong odor of alcohol emitting from the facial area, and the driver’s inability to walk without stumbling. He agreed to take the field sobriety exercises, where he had performed poorly. After submitting to a breathalyzer test, the results were .267 and .273, over three times the legal limit.
RESULT: Although properly subpoenaed, the arresting officer failed to attend the hearing and failed to provide the hearing officer with just cause for his failure to appear. REINSTATED!
Driver Blows .178 and .170; Drivers License Reinstated!
Client was stopped in a McDonald’s parking lot after he was observed speeding and crossing over multiple lanes of traffic. The officer observed an odor of alcohol and had to repeat his commands to the driver. When asked if he had been drinking, our client had responded that he had. A request was then made by the officer that he engage in field sobriety exercises, where he had performed poorly. He submitted to a breath test and the results were .178 and .170, over double the legal limit.
RESULT: We were unable to subpoena the arresting officer, because he no longer works for the Escambia County Sheriff’s Office. Thus were able to convince the hearing officer to lift the suspension because there was no testimony to support probable cause for the stop, probable cause for an arrest, and no testimony about the 20 minute observation period.
Internal Ref# CS09KF11-06
Driver Stopped for Speeding Admits to Drinking 4 Beers; License Suspended
License Reinstated!
Officers stopped a driver for traveling 15 mph over the posted speed limit. The driver admitted to the police that he had consumed four beers earlier in the evening. He failed field sobriety testing and refused to participate in a breath test. Officers arrested the defendant for DUI and the Department of Highway Safety and Motor Vehicles immediately suspended his license.
RESULT: The defense requested a formal administrative review hearing on the suspension of the client’s license. The hearing officer ruled that the arresting officer lacked probable cause to initiate the stop. The attorney prevailed and the client’s license was REINSTATED!
Internal Ref# CS09KF11-23
Driver Forced Himself to Vomit to Avoid Breathalyzer; License Suspended for DUI
License REINSTATED!
Officers initiated a traffic stop on a driver who ran a red light. The driver hit the curb before coming to a complete stop. The defendant exhibited signs of intoxication and admitted to drinking a "few" beers. The officer arrested the driver on suspicions of DUI. He agreed to submit to a breathalyzer test, but passed out. Then the driver made himself vomit forcing the officer to start the test over every 20 minutes after he voluntarily regurgitated. TheDHSMV suspended the defendant’s license after his arrest for DUI.
RESULT: The defense requested a formal administrative review hearing and challenged the suspension of the client’s license. The defense questioned the evidence against the client and prevailed. Thanks to the attorney the hearing officer ruled that the officer lacked probable cause and REINSTATED the client’s license.
Internal Ref# CS09KF10-09
Drunk Driver Collided and Uprooted Tree, Airbags Deployed; License Suspended
LICENSE REINSTATED!
Officers were called to the scene of a traffic crash. A driver collided with a tree causing the vehicle’s airbags to deploy and uprooting the tree. The passengers of the automobile removed the driver and brought him into a residence for help. The passengers attempted to cover for the defendant, but the officers suspected foul play and DUI. After EMS treatment, the defendant refused a breath test and was arrested.
RESULT: The defense requested a formal administrative review hearing questioning the suspension of the client’s license. The attorney proved that the police lacked sufficient evidence to determine that the client was in actual, physical control of the vehicle while under the influence. LICENSE RESINSTATED!
Internal Ref# CS09KF10-26
Twice Arrested DUI Offender Admitted Drinking 8 Beers; License Suspended!
Ruling OVERTURNED and License REINSTATED!
Officers stopped a driver for revving the engine and then peeling away from a stop light, causing the tires to spin. The defendant exhibited signs of intoxication and wore club wristbands. The driver admitted to consuming 8 beers during the course of the evening and subsequently arrested. He refused further breath testing and began to cry in the back of the patrol car on the way to the station. This was the driver’s second arrest for DUI.
RESULT: The defense requested a formal administrative review hearing to prevent further suspension of the client’s license. The attorney proved to the hearing officer that the arresting officer lacked evidence to support probable cause for the DUI arrest. The defense succeeded with the client’s license being REINSTATED!
Internal Ref# CS09KF09-26
Driver Blew .214 & .220 Breath Test; Arrested & License Suspended
DRIVER'S LICENSE REINSTATED!
Officers witnessed a driver take a turn too fast and hit a guard rail head on. The vehicle had extensive damage, including a raised hood that blocked the driver’s line of vision. The officer initiated atraffic stop and the suspect exhibited signs of intoxication. The driver admitted to drinking at a local night club prior to the crash. The driver failed field sobriety exercises and possessed a blood alcohol content of .214 & .220. Officers arrested the suspect forDUI resulting in a suspended driver’s license.
RESULT: The defense requested a Formal Administrative Review Hearing with the Department of Highway Safety and Motor Vehicles to contest the suspension of the client’s license. The attorney subpoenaed witnesses to the arrest and defended the client’s driving privileges. The hearing officer ruled in the defense’s favor and REINSTATED the client’s license!
Internal Ref# CS09MM07-06
Defendant Arrestedon Fourth DUI; License Suspended by DMV
Suspension LIFTED!
Police initiated a traffic stop after a Driver ran a solid red light without attempting to slow down. The Driver smelled of alcohol, had poor balance, slurred her speech and continued to repeat bizarre statements about not causing a crash. The Driver failed Field Sobriety Testing and was arrested for her fourth DUI. The Defendant became enraged inside the patrol car and began kicking the divider window and threatened to jump off a bridge. The Defendant arrived at the Jail proudly screaming how she urinated in the backseat of the Officer’s car. The Defendant refused blood alcohol testing and the Department of Motor Vehicles suspended her license.
RESULT: The Defense requested a Formal Administrative Review Hearing of the Client’s suspended license case. The Defense subpoenaed the Officers at the scene to testify the facts of the case. The Defense proved that the Officers did not properly inform the Client that her license would be suspended if she refused blood alcohol testing. The Hearing Officer agreed with the Defense and LIFTED the suspension of the Client’s license.
Internal Ref #CS09MM07-06
Defendant Blew .145 & .159 Breathalyzer Test; License Suspended
Suspension LIFTED!
An Officer initiated a traffic stop after a Driver drifted in between lanes, braked erratically and almost drove over a median. The Officer noticed the Driver had slurred, mumbled speech and reeked of alcohol. The Defendant failed Field Sobriety Testing and blew .145 and .159 Breathalyzer Test. The Department of Highway Safety and Motor Vehiclessuspended the Defendant’s license for driving under the influence of alcohol.
RESULT: The Defense requested a Formal Administrative Review Hearing of the Client’s case with the Department of Motor Vehicles. The Defense subpoenaed the arresting Officer to testify at the hearing. The Defense successfully argued that the Officer lacked probable cause to initiate a stop. The Hearing Officer ruled in the Defense’s favor and LIFTED the suspension of the Client’s license.
Internal Ref# CS08MM06-18
Speeding Motorcyclist Charged with DUI; License Suspended by DMV
License REINSTATED!
Police initiated a traffic stop on a motorcyclist traveling 70 mph in a 45 mph zone. The Driver exhibited slurred speech, watery eyes and smelled of alcohol. The Driver admitted to drinking beer at Hooters prior to the stop. The Defendant failed Field Sobriety Testing and agreed to submit to a Breathalyzer Test. The Defendant blew .178 and .175; twice the legal limit of .08. The Department of Highway Safety and Motor Vehicles suspended the Defendant’s license.
RESULT: The Defense requested a Formal Administrative Review Hearing with the Department of Motor Vehicles on behalf of the Client. TheAttorney subpoenaed the testimony of the arresting Officer, the Officer who administered the Field Sobriety Testing and the Breathalyzer Technician. The Attorney proved inconsistencies in the Officers’ statements. The Hearing Officer ruled in the Defense’s favor and REINSTATED the Client’s license.
Internal Ref# CS08MM07-17
Defendant Blows Twice Legal Limit (.174 &.176); License Suspended
Suspension LIFTED!
Police witnessed a vehicle drift in between lanes. The Officer initiated a stop and noticed the Defendant had slurred speech, difficulty standing and smelled of alcohol. The Defendant failed Field Sobriety Testing and submitted to a Breathalyzer Test. The Defendant blew .174 & .176; both readings were well over the legal limit of .08. The Department of Highway Safety and Motor Vehicles suspended the Defendant’s license.
RESULT: The Defense requested a Formal Administrative Review Hearing of the Client’s suspended license with the Department of Motor Vehicles. The Attorney subpoenaed the arresting Officer and the Breathalyzer Technician. The Attorney proved the case lacked evidence to support the Client had an illegal blood/alcohol limit of .08 or higher. The Department of Motor Vehicles LIFTED the suspension of the Client’s license.
Internal Ref# CS08MM07-14
Driver Passed Out in Traffic Blew Twice Legal Limit; License Suspended with DUI
Suspension LIFTED!
Police were called to handle a suspicious vehicle obstructing the flow of traffic. The Officer found the Driver asleep and slumped over the steering wheel. The Officer opened the door to find the Driver had the vehicle in gear with his foot on the brake. After the alcohol scented Driver awoke, he agreed to participate inField Sobriety Testing and a Breathalyzer Test. The Driver failed field testing, blew .188 and .187. With an alcohol level over twice the legal limit; the Police arrested and charged the Defendant with DUI. The Department of Motor Vehicles suspended the Defendant’s license pursuant to the charges of DUI.
RESULT: The Defense requested a Formal Administrative Review Hearing with the DMV to challenge the suspension of the Client’s license. The Defense filed a Motion to Invalidate Evidence, subpoenaed the arresting Officer and the breathalyzer technician. The Hearing Officer ruled there was insufficient evidence to support the Client had an unlawful blood-alcohol level of .08 or higher. The Attorney pursuaded the DMV to LIFT the suspension of the Client's license!
Internal Ref# CS09MM06-25
Driver Entered Sobriety Checkpoint; Charged with DUI & License Suspended
License REINSTATED!
The Defendant pulled into a Law Enforcement Against Drunk Driving Sobriety Checkpoint. The Officer noticed that the Driver smelled strongly of alcohol, slurred her speech and had difficulty answering simple questions. The Driver failed Field Sobriety Testing and submitted to a Breathalyzer Test. The Defendant blew .127 in the breath test. The Department of Highway Safety and Motor Vehicles suspended the Defendant’s license.
RESULT: The Attorney requested a Formal Administrative Review Hearing on the suspension of the Client’s driver’s license. The Attorney reviewed the video of the Field Sobriety Test from the Officer’s cruiser. The Defense proved discrepancies in the Officer’s testimony. The Department of Motor Vehicles and Highway Safety REINSTATED the Client’s license.
Internal Ref# CS08MM06-09
Driver Admitted Drinking Wine to Police; License Suspended Pending DUI Case
Suspension LIFTED and License REINSTATED!
A witness contacted Florida Highway Patrol after following a driver going 35 mph in a 65 mph zone. The witness stated the Driver had trouble maintaining a single lane and ran over two raised curbs. The witness believed the Driver may have been drunk and feared for the safety of others.
An Officer made contact with the Driver who admitted he had 4 glasses of wine and may be under the influence. The Driver failed roadside testing and submitted to a Breathalyzer Test. The Driver blew an alcohol level of .143 and .145. Florida Highway Patrol charged the Driver with DUI and the Department of Motor Vehicles suspended his driver’s license.
RESULT: The Defense challenged the suspension of the Client’s driver’s license by requesting a Formal Administrative Review Hearing with the Department of Motor Vehicles and Highway Safety. The Defense subpoenaed the arresting Officer and the Breathalyzer Technician as witnesses. The Department of Highway Safety and Motor Vehicles ruled the arresting Officer lacked probable cause that the Client was in actual control of a vehicle while under the influence of alcohol. The DMV LIFTED the suspension and REINSTATED the Client’s license.
Internal Ref# CS07MM11-14
Driver Under the Influence of Prescription Pills Crashed into Parked Car, Refused to Submit Urine Sample to Police; DMV Suspended Driver’s License: License Suspension SET ASIDE!
A man was placing a pizza into the trunk of his car when another car swerved in his direction. The man managed to jump out of the way before the swerving Driver slammed into his parked car. The Police responded to the crash. The Officer noticed the Driver had slurred speech, bloodshot/watery eyes and a difficult time keeping his eyes open. The Driver denied drinking, but confessed to taking a number of prescription pills just hours before the accident.
The Driver failed Field Sobriety Testing and agreed to a Breathalyzer Test. The Driver blew .00 and refused to submit a urine sample. Police arrested the Driver and charged him with DUI and DUI Property Damage. The Department of Motor Vehicles suspended the Defendant’s license after his refusal to submit to a urine test.
RESULT: The Defendant retained Musca Law to defend the DUI charges against him. The Attorney requested a Formal Administrative Review of the Client’s suspended license with the Department of Motor Vehicles. The Defense subpoenaed witnesses and arresting officer to testify at the hearing. The Hearing Officer ruled in the Defense’s favor and SET ASIDE the suspension of the Client’s license.
Internal Ref# CS08MM05-28
Client Blew Twice the Legal Limit and DMV Suspended License; Suspension LIFTED and License REINSTATED!
An Officer received a complaint from a mall security guard that a Driver hit his golf cart with her vehicle and then drove away. The security guard stated he thought Driver may have been intoxicated. The Officer stopped the Driver and immediately smelled alcohol on her person. The Defendant slurred her speech, had bloodshot eyes and acted confused. The Driver performed Field Sobriety Testing and failed. The Defendant agreed to submit to a Breathalyzer Test and blew .194 & .184, over twice the legal limit of .08. The Department of Highway Safety and Motor Vehiclessuspended the Client’s license.
RESULT: The Attorney filed a request for a Formal Administrative Review Hearing before the Department ofHighway Safety and Motor Vehicles. The Defense subpoenaed the Officer and witnesses to the arrest. The Attorney proved the Officer lacked probable cause to initiate a traffic stop and failed to provide evidence that the Client was in control of the vehicle while under the influence of alcohol. The Department of Motor Vehicles LIFTED and REINSTATED the Client’s license
Internal Ref# CS07MM10-04
Driver Stopped at Sobriety Check Point; Refused Breathalyzer Test & License Becomes Suspended: Suspension LIFTED!
The Police stop a driver at a late night sobriety check point. The Defendant performed the Field Sobriety Testing as requested by the check point Officer. The Officer requested that the Defendant also submit to a Breathalyzer Test. The Defendant refused to participate and the Department of Highway Safety and Motor Vehicles suspended his license.
RESULT: The Defendant retained Musca Law Firm to defend his license suspension case. The Defense immediately requested a Formal Administrative Review Hearing with the DMV. TheDefense subpoenaed the Officer at the scene and challenged the evidence presented againstour Client. The Hearing Officer ruled in the Defense’s favor and LIFTED the suspension of the Client’s license.
Internal Ref# CS08-MM04-14
Defendant’s License Suspended for Refusing Breath Test; Defense Requests Formal Administrative Hearing: Client’s License REINSTATED!
The Police stop a driver who cannot maintain a single lane. The Defendant submitted to Field Sobriety Testing and performed poorly. The Defendant also refused to participate in a Breathalyzer Test. The Department of Motor Vehicles suspended the Defendant’s driver’s license for her refusal to participate in a Breath Test.
RESULT: The Defense Attorney filed a request for a Formal Administrative Review of the Client’s case by the DMV. The Defense convinced the Hearing Officer that the State’s case lacked evidence and that the Client never refused a breath test. The Hearing Officer ruled in the Defense’s favor and REINSTATED the Client’s license.
Internal Ref# CS08-MM02-14
Driver Left Bloody After Crash; Refused Breath Test & License Suspended:
Driver's License Suspension LIFTED!
A witness contacted Police after a single vehicle crash. Police found the wreckage with no passengers inside. After a search of the area, an Officer found the bloody Defendant hiding in some bushes across the street from the accident scene. The Defendant needed medical attention and the Police transported him to a nearby hospital for examination. The Defendant refused to submit to a blood test at the hospital. The Department of Highway Safety and Motor Vehicles immediately suspended the Defendant’s license for failing to submit to an alcohol test.
RESULT: The Defendant retained Musca Law Firm to defend the suspension of his driver’s license. The Attorney requested a Formal Administrative Review with the DMV to challenge the Client’s suspended license case. The Attorney subpoenaed witnesses and proved to the Hearing Officer that there was insufficient evidence to support the suspension of the Client’s license. The Attorney prevailed and the Department of Motor Vehicles LIFTED the suspension againstthe Client’s license.
Internal Ref# CS08-MM01-31
Client Blows .125 & .131 in DUI Breath Test & License Suspended: Formal Administrative Review Results in LICENSE REINSTATEMENT!
The Police stopped the Defendant for a possible DUI. The Defendant admitted to drinking beer, failed roadside sobriety testing and arrested. The Defendant’s license was immediately suspended stemming from the DUI charge.
RESULT: The Defendant retained Musca Law Firm to defend him against the license suspension. The Attorney filed documents requesting a Formal Administrative Review Hearing with the Department of Highway Safety and Motor Vehicles on the Client’s behalf. The Attorney successfully argued to the Hearing Officer that the State failed to meet the required burden of proof to suspend the Client’s driver’s license. The Department agreed with the Defense and the Client’s driver’s license was REINSTATED!
Internal Ref# CS088MM06-06
Refusing Breathalyzer Test Instantly Suspended Client’s Driver’s License: Defense LIFTS Suspension & License REINSTATED!
Florida Highway Patrol witnessed a vehicle swerve into oncoming traffic and almost hit a construction barricade. The Officer initiates a traffic stop. The Defendant smells of alcohol, has blood shot and watery eyes, difficulty standing, slurred speech and his shirt is stained with an unknown red liquid. The Defendant agrees to submit to a roadside sobriety test and he tells the Officer that he just left a wedding where he had a couple of glasses of wine. The Defendant fails the sobriety test and is arrested and charged with DUI. At the Palm Beach County Jail, the Defendant refuses to submit to a Breathalyzer Test and further Officer questioning.
RESULT: Upon refusal of the Breathalyzer Test, the Defendant’s driver’s license was instantaneously suspended for 6 months. The Defense Attorney motioned for a Formal Administrative Review of the Client’s suspended license. The Defense successfully argued to the Florida Department of Motor Vehicles that the Client was not under the influence of alcohol or drugs at the time of the arrest. The Florida Department of Motor Vehicles reinstated the Client’s driver’s license and the 6-month suspension was LIFTED. |