A Florida Highway Patrol Trooper alleges that our client was driving dangerously, failed to yield at an intersection, failing to maintain his lane, and nearly caused multiple accidents. The Trooper alleges that our client exhibited numerous indicators of impairment and performed poorly on the field sobriety exercises. After being placed under arrest for DUI, our client refused to submit to a breath test and was sanctioned with a one year automatic driver’s license suspension effective the date of the arrest. We initiated proceedings on the client’s behalf to challenge the automatic driver’s license suspension.
After thorough review of the DMV’s evidence packet, our attorney elected to proceed forward with the license suspension hearing without subpoenaing or questioning any of the law enforcement officers. Through years of experience and having handled thousands of DMV license suspension proceedings, our attorney discovered an error in the Trooper’s procedure with regard to the implied consent warning and breath test refusal. The police report states that the Trooper attempted to advise our client of the implied consent warning but our client interrupted so the Trooper stopped due to our client not paying attention. Our attorney argued at the hearing that Florida Law requires that a driver SHALL be told of the driver’s license consequences associated with refusing the breath test. It does not matter if the driver chooses to not pay attention or not listen, the law is clear that the officer must tell certain information to the driver in order to suspend the driver’s license based on refusal to submit to the breath test. The hearing officer was persuaded by the arguments and invalidated the license suspension.
Internal Reference #: 11621