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.

Hopefully, these new procedures will result in more attorneys requesting formal review hearings, serving subpoenas on all of the witnesses (unless an essential element is missing from the packet), and obtaining a subpoena duces tecum for the DUI video, Intoxilyzer records and other documents necessary for the defense of the case.

The chaos that results during these transitions often gives the petitioner a big advantage.

Can someone explain to me how the petitioner is going to get the items listed in the subpoena duces tecum? How will the petitioner submit exhibits into the record?

Criminal defense attorneys that focus on DUI cases will have to quickly adjust their strategies to maintain every advantage getting the administrative suspensions invalidated while still preserving the testimony of the witnesses. More writs will be filed with the Circuit Court.

So make sure you review the new rules carefully and get those subpoenas served.

Bureau of Administrative Reviews

TO: Counsel for the Petitioner
FROM: Cindy VanDunk, HSMV Field Supervisor
Date: October 17, 2014
RE: New Telephone Formal Procedures

Effective immediately this office will no longer be holding formal review hearings at the following locations:

  • [PASCO COUNTY] Pasco County Tax Collector, 4720 U.S. Highway 19 North, New Port Richey
  • [HARDEE COUNTY] Hardee County Tax Collector, 110 W. Oak Street, Suite 102, Wauchula
  • [MANATEE COUNTY] Judicial Center, 8th Floor/Room 8032, 1051 Manatee Ave W., Bradenton

All formal review hearings at those locations will be held telephonically. When requesting a formal review hearing, please include a phone number for the hearing officer to call you.

Witnesses will also be appearing by phone. Attached is a copy of the subpoena format for telephonic hearings. Please begin using this format immediately. If a subpoena is received that is not the correct format, it will be returned to you unsigned.

We hope to make this transition as easy as possible. If you have questions, feel free to contact me at 727-507-4405.

Telephone Formal Review Hearings in DUI Cases in Florida

Read more about the rules for obtaining and serving the subpoena / subpoena duces tecum for the formal review hearing.

One Trackback

  1. […] At least in the Tampa Bay area, if the hearing is being conducted in a county outside of the county where the arresting agency is located then the BAR will schedule a telephonic formal review hearing after the DUI arrest. […]

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