Tag Archives: Formal Review Hearing

Statistics on Administrative Suspensions in 2015

Recent statistics from the Bureau of Administrative Review Office shows that for all of the administrative suspensions invalidated in 2015, the hearing officers gave the following reasons listed in order by percentage: No .02 Agreement on the Intoxilyzer Breathalyzer Test -.05% No Probable Cause Under 21 – .17% Refusal Affidavit Not Attested To -.98% No […]

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. […]

What is the “Business Purpose Only” Hardship License?

If your license is suspended, revoked or canceled, then you may still qualify for a Class E driver’s license that restricts driving to only certain purposes. The Class E license can include either a C Restriction or a D Restriction. The C Restriction is the “Business Purpose Only” license; and The D Restriction is the […]

Florida DUI Rules for the Administrative Suspension – It’s Complicated…

This article was last updated on Tuesday, September 5, 2017. After an arrest in Florida for DUI, the officer will take your license and issue you an “on the spot” administrative suspension. You only have ten (10) calendar days to protect your driver’s license and ability to drive. You have three choices: hire an attorney […]

To Waive or Not to Waive – Request for Eligibility Review after a DUI Arrest in Florida

Florida law recently changed the rules on formal review hearings after a DUI arrest. Just because you CAN waive your right to a formal review hearing does not mean you SHOULD waive your rights. I’m still telling my clients to let me file the demand for a formal review hearing instead of forever waiving those […]

Florida’s New Laws for DUI Administrative Suspensions and Reviews

Beginning July 1, 2013, the rules for the administrative suspension of a driver’s license after a DUI arrest, and the right to review that administrative suspension will change. Criminal defense attorneys who practice DUI defense will have to act quickly to understand the legislative changes. Update: Click here for a “How to Guide” on conducting […]

The DMV’s Policy at DUI Formal Review Hearings – No Call, No Show, No Problem

This article discusses the absurd position taken by the DHSMV that requires the petitioner to file a “Motion to Enforce a Subpoena” under Florida Statute § 322.2615(6)(c) after a witness fails to appear for a formal review hearing to contest the administrative suspension. Read more about how Florida DUI attorneys can deal with the DHSMV’s “No […]

It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing

After a DUI arrest in Florida the driver can request a formal or informal review hearing to contest the administrative suspension of the driver’s license. That administrative suspension can range from 6 months to 18 months. The hard suspension (no driving for any reason) that can range from 30 days to 18 months. The administrative […]