Monthly Archives: October 2014

The Subpoena Duces Tecum at the Formal Review Hearing

The Bureau of Administrative Reviews (BAR) of the Florida DHSMV has been busy writing memorandums explaining their interpretation of the administrative rules and how the rules apply to the new telephonic hearings. Please leave a comment if you disagree with our strategy or use a different strategy. Read the new rules carefully. It is not […]

Hello? New Procedures for Formal Review Hearings by Telephone

We just received the following memorandum from the Bureau of Administrative Reviews (BAR) of the Florida Department of Highway Safety and Motor Vehicle (DHSMV). The BAR is quickly rolling out telephone conferences across the state. Witnesses will be testifying by phone, at least in certain offices including Pasco County, Manatee County, and Hardee County, FL. […]

New Procedures for Getting DUI Videos from Florida Highway Patrol

It has always been difficult to get the DUI arrest videos from the Florida Highway Patrol. In many of these cases the defense attorney ends up filing a motion to compel the prosecutor to provide the video. The court then orders the prosecutor to provide the video within a certain number of days or face […]

Is a DUI in Florida a Misdemeanor or a Felony?

Although the vast majority of DUI cases are charged as a misdemeanor, the answer to that question ultimately depends on a host of factors. In fact, we have counted at least 15 different ways that a DUI could be charged. Below is a quick summary of the statutory maximum penalties allowed under Florida law for […]