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 (Driving Under the Influence) and the Department of Highway Safety and Motor Vehicles immediately suspended his license.
Formal Administrative Review Hearing
A formal administrative review hearing could be demanded by an attorney after one is arrested for a DUI charge. This is the only way to contest the charge in order to have your driver’s license reinstated. If you or your attorney do not take action to request this review hearing, the charge will show on your record for 75 years. But if you request a hearing and you win it, the suspension will be invalidated on your record forever.
If you do wish to request a formal administrative review hearing, you will need to do this within ten calendar days. This includes Saturdays and Sundays, as well as holidays, so there is no time to waste. Florida State Statutes § 322.2615 states:
“[T]he driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7).”
You may also receive a 42-day driving permit. This will enable you to still drive while your lawyer works on your case.
Administrative Suspension Invalidated
There are many reasons as to why an administrative suspension could be invalidated. Some common reasons for this include the following:
- The officer who arrested the offender failed to appear at the formal administrative hearing.
- There were missing documents that needed to be provided or the documents were illegible.
- The stop was invalid.
- There was no valid breath test.
- There was conflicting evidence in the case.
- The breath testing operator failed to appear at the formal administrative hearing.
There are numerous other reasons as to why an administrative suspension may be invalidated, however, these are the ones that are seen most frequently.
Musca Law Firm Representation
If you have been pulled over and charged with a DUI, you will need expert legal representation as soon as possible. Musca Law Firm is able to represent you in your time of need. We have offices in several cities in Florida, such as New Port Richey, Orlando, Naples, Tampa, and many others in order to serve the entire state for our clients’ convenience. Our firm offers expert advice from attorneys that have over 150 years of combined legal experience. We will develop a strong and strategic defense for you in order for you to obtain the best possible outcome for your case. Don’t hesitate to contact our office at (888) 484-5057 to speak with one of our highly qualified criminal defense attorneys today.
RESULT: The Musca Law Defense Attorney 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!