Recently the Florida Department of Highway Safety & Motor Vehicles, Division of Driver Licenses, Bureau of Administrative Reviews in Tallahassee decided to adopt a policy very detrimental to Florida drivers.
Florida drivers arrested for DUI who either provide a breath sample or refuse chemical testing must have their licenses administratively suspended. The same driver has the legal right to challenge the administrative suspension before the Bureau of Administrative Reviews. This is known as a "formal review" hearing. The driver has just ten days to request this hearing. It is the only chance to undue the suspension of driving privileges.
For many years, I have requested these hearings and have fought hard to restore my client's driving privileges. The formal review process has always been difficult. The Department has consistently attempted to remove all legal avenues for winning formal reviews. The Department's most recent attempt is to refuse to invalidate suspensions because subpoenaed police officers fail to appear.
Since 1991, it was always been the case that if the officer failed to show without excuse the suspension would be lifted. In 1991, a Federal lawsuit was filed against the Department over the administrative suspension process. At the time, the Department argued the hearings were legal because due process required that they invalidate suspensions if the officers did not appear. The Department has now done a complete reversal on this policy. It appears to be completely unconcerned with the due process rights of Florida drivers accused of DUI.
Since 1991, I have continuously fought the Department on issues affecting my client's rights and I will continue to do so. The Department must be fought and turned back if there is to be any chance to defeat a DUI administrative suspension. Of course, a well trained and experienced Fort Lauderdale DUI attorney in your corner is one solution.
But it's important to know what you are up against. This most recent turn of events means the state plans to suspend your license -- even if the officer whose testimony it relies upon in doing so can't be bothered with showing up for the hearing.
Fort Lauderdale DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.
