6 Month Administrative Suspension Invalidated

On January 13, 2020, a DHSMV Field Hearing Officer in Tampa, FL, invalidated our client’s 6 month administrative suspension for having a breath test reading over .08. The reason for invalidating the suspension was because there was insufficient evidence to support the suspension because the “arrest was unlawful.” The decision was made after four witnesses testified at the hearing.

12 Month Administrative Suspension for Refusal Invalidated

In another case decided on January 13, 2020, a DHSMV Field Hearing Officer in Tampa, FL, invalidated our client’s 12 month administrative suspension for refusing a breath test after the DUI arrest. The reason for invalidating the suspension was because there was insufficient evidence to support the suspension because the “arresting officer failed to appear.” The arresting officer worked at Florida Highway Patrol.

Administrative Suspension for Refusal Invalidated Because “No Actual Refusal”

On February 12, 2020, a HSMV Hearing Officer invalidated a 12-month administrative suspension for refusing a breath test after the DUI arrest. The arresting officer worked at the Hillsborough County Sheriff’s Office. At the hearing, the attorney was able to show that the packet contained insufficient evidence that any refusal was willful or happened after the reading of implied consent. The hearing officer agreed by determining “that there is insufficient evidence to support the suspension because there was no actual refusal.”

On February 18, 2020, the prosecutor filed a notice of nolle prosequi for a DUI case involving a DUI enforcement officer with the Tampa Police Department. By filing the nolle prosequi the prosecutor dropped the charge. The DUI case involved a BAC level below the legal limit. The client also submitted to a urine test which came back clean. Although the client was offered RIDR with a withhold of adjudication on a reckless driving, we requested all of the information and demand that all charges were dropped completely.

On February 18, 2020, a HSMV Field Hearing Officer at the Bureau of Administrative Review office in Clearwater, FL, invalidated a six month administrate suspension because the hearing officer determined that there is insufficient evidence to support the suspension because of no evidence to place the driver in physical control.

On April 20, 2020, the HSMV Field Hearing Officer with the Tampa Bureau of Administrative Reviews entered an order setting aside the administrative suspension of the driver’s license triggered by an unlawful breath or blood alcohol level. The hearing officer found insufficient evidence to support the suspension because the arresting officer failed to appear after being properly served with a subpoena.

On April 28, 2020, the HSMV Field Hearing Officers at the Bureau of Administrative Review in Clearwater set aside the six month suspension of driving privileges for driving with an unlawful alcohol level. The order found that after reviewing the facts of the case, the Hearing Officer determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear. 

On May 14th, 2020, a HSMV Hearing Officer at the Tampa Bureau of Administrative Review issued an order setting aside a CDL disqualification dated April 4, 2020, and a suspension dated April 4, 2020, for driving with an unlawful alcohol level because “there is insufficient evidence to support the suspension and disqualification…”

On July 28th, 2020, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews (BAR) in Tampa, entered a final order setting aside the suspension for having an unlawful alcohol level. The hearing officer determined that there was insufficient evidence to suppose the suspension because the arresting officer failed to appear. A copy of the order was furnished to the Florida Highway Patrol.

18 Month Hard Suspension for Second Refusal Set Aside 

On August 4, 2020, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews (BAR) in Clearwater, FL, entered a Final Order on Results of Review Hearing.  The order set aside the eighteen (18) month administrative suspension for the second refusal. At the hearing, the breath test operator appeared but the arresting officer did not. As a result, the hearing officer had insufficient evidence to support the conviction.

12 Month Refusal Suspension Set Aside at Tampa BAR

On September 21, 2020, a field hearing officer at the DHSMV’s Bureau of Administrative Reviews in Tampa, FL, issue a final order on the results of the formal review hearing which invalidated the 12 month administrative suspension for refusing to submit to a breath, blood, or urine test. At the hearing, several troopers with the Florida Highway Patrol testified. After reviewing the packet of information submitted by the trooper and listening to the testimony and arguments, the hearing officer determined that there was insufficient evidence to support the suspension “because the arrest was not lawful.”