Client was arrested by the Florida Department of Environmental Protection in a Florida state park. He was cited for DUI and 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 alcohol, slurred speech, and could not stand without assistance. He allegedly admitted to drinking when questioned and refused the field sobriety exercises. His breath test result of .291% was nearly four times the legal limit.
Failure to Provide Arrest Packet to the Bureau of Administrative Reviews
An administrative hearing review should be requested within 10 days after being arrested. These days are calendar days, which include Saturdays, Sundays, and holidays. If you miss the 10-day window, you will not be able to request another administrative hearing.
There are many benefits to requesting this type of hearing. First off, you will be able to drive for 42 days while your driver’s license is being contested.
Secondly, at the formal hearing, you or your attorney will be able to question any witnesses that were under oath. This is crucial because they must tell the truth since they are under oath.
Should you decide not to utilize an administrative formal hearing, you risk not having your driver’s license invalidated. You will not be given another chance to do so. It will then be on your record for 75 years.
If there is not enough evidence submitted to the Bureau of Administrative Reviews, a suspension may be invalidated. If the arresting officer also does not show up, you will win.
Any ruling in an administrative hearing will not hold any merit in a criminal proceeding case. It is strictly an administrative process.
Musca Law Firm in Florida
At Musca Law Firm, we strive to provide the best possible service for all of our clients. We realize how stressful it can be to be arrested and have a conviction on your record. Our lawyers will review your case and develop a strong defense for you. We will also do do whatever it takes to have your charges significantly lowered or dropped completely.
Our law firm accepts phone calls 24 hours a day, 7 days a week as we realize life does not just happen between office hours. We offer a free initial consultation and have offices located in several Florida cities, allowing us to serve the entire state. Don’t hesitate it contact us today at (888) 484-5057 to speak with a qualified representative.
RESULT: The arresting agency failed to provide an arrest packet to the Bureau of Administrative Reviews. One of our Musca Law attorneys attended the formal administrative review hearing and moved to invalidate the suspension based upon no evidence to support it. The motion was granted. The suspension was removed from the clients driving record and he is eligible for a duplicate license.