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 attorney.
According to 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 approximately 100 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.
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