An Officer witnessed our client stagger into a store, look at the officer, and then stagger back to his vehicle. Our client then got into his vehicle and put it into reverse, forcing the officer to yell out for him to stop. The officer then made contact with our client and detected an odor of alcohol, along with his difficulty in answering questions. The officer then called for backup to conduct a DUI investigation. Upon arrival, the DUI officer observed the following: a strong odor of alcohol, bloodshot/watery/glassy eyes, and droopy eyelids. Further, our client admitted to drinking. When the DUI officer asked, our client initially refused to perform roadside sobriety exercises, but eventually agreed. He performed poorly and the DUI officer subsequently arrested him. Our client then became belligerent and argumentative. Once at the jail, he refused to submit to a breath test and continued his uncooperative and combative behavior. Police eventually transported him to a hospital for medical attention where he extended his verbal assault on the medical staff.
RESULT: In addition to multiple separate charges, our client faced a ONE YEAR suspension of his driver’s license for refusing to submit to a breath test. Under the Implied Consent Law in Florida, any person who drives on a Florida roadway is assumed to have consented to chemical testing if they are stopped by law enforcement and suspected of drunk driving. A refusal to submit to this testing typically results in a one-year suspension of that person’s driving privilege. Our attorney’s careful review of the extensive documents revealed that three key documents were unsigned and unsworn. Based on her experience, the attorney subpoenaed the two involved officers. When the officers failed to appear for the formal administrative hearing, and the attorney improvised. She moved to have the documents excluded from evidence because there were no officers available to verify them. That motion was granted, forcing the Hearing Officer to LIFT THE ONE YEAR SUSPENSION, resulting in A FULL REINSTATEMENT OF OUR CLIENT’S DRIVER’S LICENSE!