Jacksonville DHSMV Hearing Lawyer
Don't Miss Your Deadline to Request a Hearing
Separate from the criminal process, those who are arrested for drunk driving
in Florida will face two separate hearings: the criminal hearing and the
administrative hearing. The administrative hearing is not required, but
it is your only chance to fight a license suspension after a
DUI. Anyone arrested for DUI has the right to request this hearing with the
Florida Department of Safety and Motor Vehicles (DHSMV), but
you only have ten days before this right expires and your opportunity to restore your license is gone.
Get the representation you need today! Call Jason K.S. Porter, P.A. at
(904) 701-0591 to begin discussing the details of your case.
The DHSMV request and hearing is not necessarily a simple process and
it is extremely important that no time is wasted in getting the involvement of a high-quality Jacksonville DUI attorney.
Florida Statutes §322.2615 (2012), once someone has been arrested for alleged drunk driving, the
arresting officer will give them a 10-day temporary permit. Within 5 days
of the arrest, the arresting officer will send to the department the following:
the driver's license, an affidavit which explicitly explains the grounds
of arrest, results of all breath, blood or urine tests, field sobriety
test observations and notice of suspension.
Informal and Formal DHSMV Hearings in Florida
Should the defendant request an informal hearing with the DHSMV, they will
attend one that is conducted by an employee of the department. At an informal
hearing, there is no requirement for the arresting officer or any witnesses
to attend; instead, it will consist solely of reviewing all of the documents
which had been previously submitted to the department. The department's
decision regarding the suspension of the defendant's license must
be mailed to the address of record within 21 days of the expiration.
On the other hand, should the defendant request a formal hearing, it will
still be held by a department employee, however, will be much more thorough.
During a formal hearing, there will be the opportunity to administer oaths,
examine any witnesses and hear any supporting testimony. Instead of keeping
the focus solely on submitted documents, it will look much further. Following
the completed of the formal hearing, the department is required to send
notice within seven working days.
In both styles of hearings, it is important to understand that the scope
will be much more limited than the criminal process. This is not a hearing
where the guilt of the defendant will be called into question. Rather,
it will be there to deal with issues pertaining to the events surrounding
the arrest. For example, the hearing will look into whether or not the
arresting officer had probable cause to perform the arrest. It will also
look into whether or not the subject was indeed driving with a
BAC over 0.08 percent, whether they refused a BAC test and whether they were informed of the
consequences of the refusal.
Schedule Your Free One-Hour Consultation Today
Due to the consequences of a license suspension, it is extremely important
that you do not hesitate to contact a Jacksonville DUI attorney from our
firm as soon as possible. By working with a knowledgeable DUI lawyer,
you will be able to properly prepare for such a hearing – doing
everything possible to provide yourself with the chance of success. At
The Law Offices of Jason K.S. Porter, P.A. our attorneys have exstensive
experience representing clients during DHSMV hearings. We have
over 90 years of combined courtroom experience. We listen to your account of the DUI arrest and review the police records
of the arrest and then formulate defenses that we may raise at the DHSMV
hearing on your behalf.
Where helpful, we subpoena the arresting police officer so that on cross-examination
we can seek to expose lapses in procedure and
unlawful police stops We may challenge whether the officer had a proper basis to arrest you
or whether the
breath test or
field sobriety test was properly done. In the case of you having refused the breath test,
we may challenge the officer's persistence in communicating the consequences
of refusal. We are accomplished in DHSMV hearing defense and can also
advise on how to obtain a restricted license to perform essential errands
and commute to work.
Contact a Jacksonville DHSMV hearing lawyer from Jason K.S. Porter, P.A. today for a free one-hour consultation.