Former State Prosecutor
DMV Administrative Review Hearing
If you have been charged with a DUI in Florida, you can still fight to have your license reinstated. You only have 10 days after a DUI arrest to get a DMV Administrative Review hearing.
You must hire an experienced St. Petersburg attorney to assist you with your DMV administrative hearing. If you win at this hearing, you will be able to keep you license. Also, you can keep damaging convictions off your driving record.
Melinda Morris is a former Pinellas County prosecutor. She is familiar with the DMV administrative hearings and will be able to create a defense for you. There are no drawbacks in going for a DMV administrative review hearing. If you do not succeed at the hearing, you and Ms. Morris can work out another strategy to get your charges reduced or dismissed. Contact the Morris Law Firm at (727) 388-4736 for a consultation about your upcoming adminstrative license suspension hearing.
DMV Administrative Review Information
If you get a citation for a DUI, most likely you will receive a notice concerning license suspension. Most people do not realize that it is possible to challenge the license suspension. The DMV Administrative hearing just refers to the license suspension so you can fight the license suspension while your DUI case is pending in court.
Below are the steps to follow in order to request a DMV administrative review hearing:
It is best to contact an experienced lawyer as soon as you get the notice of suspension or disqualification of driving privileges. A lawyer will be able to file the request for a hearing properly and add additional motions to help your case.
Differences between Formal and Informal Reviews
For a formal review, a person must make a timely request and the division will schedule a hearing to be held within 30 days after the request is filed.
It is helpful to have an attorney present at the formal review to bring in the appropriate evidence. You are able to bring in evidence and witnesses and perform cross examinations etc. The formal review hearing can serve as a good place to collect evidence for trial defending against the DUI.
For the informal review hearing, the hearing officer will examine the materials submitted by the driver and the officer. The hearing officer will determine whether the suspension or disqualification is supported by the preponderance of the evidence. The down side to the informal review is that it is conducted without the benefit of testimony, the driver or witnesses. However, if there is insufficient evidence then the suspension will be overturned.
Failure to Appear at Review Hearing
If the driver does not appear at the scheduled review hearing the formal review will be waived and an informal review may be conducted. If the witnesses or other subpoenaed individuals fail to appear then they must offer a written statement explaining why they could not appear. Generally only extraordinary circumstances beyond the control of the driver, the driver’s attorney or the witness should prevent them from coming to the hearing.
The good side of having an attorney represent you is that the driver does not have to appear if the he or she is represented by an attorney at the formal review. Also the attorney could file motions to change the date of the review or request an informal review if it looks like there will be conflicts attending the review. The board will only reschedule one time if there is no notice and you failed to appear.
Consequences for Administrative Suspension due to Florida DUI arrests:
You must contact an experienced St. Petersburg attorney to go through the possible penalties with you for a DUI arrest. Basically you can get a 30 day or 90 day hard suspension which means that you cannot drive for 30 or 90 days for any reason or under any circumstances. Your license can also be suspended for 12 months or even 18 months depending on the circumstances of your case.
Even with your license suspended, it is possible to get a hardship license so you can drive to work and make other necessary trips.
The best thing to do is to contact an experienced lawyer to talk about the defenses and consequences that stem from a Florida DUI arrest.
Morris Law Firm | St. Petersburg DMV Administrative Hearing Attorney
The Morris Law Firm is committed to representing persons who need a DMV Administrative hearing. Contact the Morris Law Firm if you have received a notice of license suspension in Pinellas County or St. Petersburg. You need to talk with an experienced St. Petersburg DUI defense attorney. Our goal is to get your license reinstated and your DUI charges dismissed or greatly reduced.
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