Criminal Defense Case Results

Attorneys Katherine Aranda and Dominique Celerin took their client’s boating under the influence (BUI) case to trial on May 22, 2024. The jury returned a “not guilty” verdict.

On May 21, 2021, the Assistant State Attorney in Hernando County, FL, filed a “nolle prosequi” that terminated the prosecution for DUI manslaughter, the only charge pending against our client. The case involved a two-vehicle crash with a fatality that occurred in October of 2018. The charge was dropped the week before we scheduled a motion hearing to suppress the following evidence:

• our client’s medical records which were improperly obtained by the State Attorney’s Office; 
• vials of medical blood seized from the hospital after the execution of a search warrant; and
• the FDLE blood test results showing a BAC over the legal limit.

Our motion alleged that the State Attorney’s Office improperly obtained our client’s medical records without any legal authority and prior to providing notice and the opportunity to object. After obtaining our client’s medical records but before disclosing that fact, the State Attorney’s Office did provide notice of intent to subpoena the medical records.

We entered a timely objection that triggered a Hunter hearing. On November 14, 2018, a hearing was held pursuant to Hunter v. State, 639 So.2d 74 (Fla. 5th DCA 1994) on the State’s Motion for Authorization to Execute the subpoena for the medical records. After hearing arguments from the Assistant State Attorney and the defense, the State’s motion was denied. Despite losing the Hunter hearing, the State Attorney’s Office later provided us with a copy of our client’s medical records in discovery.

Our motion also moved to suppress vials of medical blood seized with a search warrant that contained material misrepresentations and intentionally left out material facts. Our motion for a Franks hearing also alleged a failure to follow proper procedures for the chain of custody and storage of the blood. Instead of going forward with the motion hearing, the Assistant State Attorney entered a “nolle prosequi” right before the motion hearing was scheduled to begin.

Our client was charged in Hillsborough County with a first DUI with property damage and was not permitted to take part in a diversion program because of the property damage enhancement. We filed a Motion to Suppress challenging our client’s detention and arrest and asked the State to consider reducing the DUI charge to a Reckless Driving charge. The State declined the reduction and only offered our client to plea to the DUI as charged. Days before the hearing on our Motion to Suppress, the State offered our client a reduction to Reckless Driving with no probation or sanctions.

On May 16, 2025, the HSMV Field Hearing Officer with the Bureau of Administrative Reviews (BAR) office in Tampa, FL, issue a Final Order invalidating the 6 month administrative suspension because “there is insufficient evidence to support the suspension because the arresting officer [with the Bartow Police Department] failed to appear. As a result, the administrative suspension was lifted, instantly restoring the client’s full driving privileges.

On May 28, 2025, the HSMV Field Hearing Officer with the Bureau of Administrative Reviews (BAR) office in Tampa, FL, issue a Final Order invalidating the 6 month administrative suspension because “the DUI evidentiary packet was not received” from the New Port Richey Police Department in time for the formal review hearing. As a result, the administrative suspension was lifted, instantly restoring the client’s full driving privileges.

On June 9, 2025, the HSMV Hearing Officer at the Tampa Bureau of Administrative Reviews entered an order finding insufficient evidence to support the administrative suspension for refusing to submit to a breath test because the DUI evidentiary packet was not received by the date of the hearing.

On June 26, 2025, the HSMV Hearing Officer at the Tampa Bureau of Administrative Reviews entered an order finding insufficient evidence to support the administrative suspension because the arresting officer and breath test officer failed to appear.

On August 5, 2025, the Attorney Hearing Office for the Bureau of Administrative Reviews issued a final order setting aside the suspension of the driving privilege. The order provided:

This case is adjudicated under the authority of Chapter 15A-6, F.A.C., and section 322.2615, F.S. The Hearing Officer has set aside the suspension of your driving privilege dated 28 March 2025 for refusal to submit to a breath, blood or urine test. Upon review of the facts of the case there is not competent, substantial evidence to support the suspension….”

On January 10, 2024, a HSMV Field Hearing Officer with the Bureau of Administrative Reviews in Tampa, FL, entered an order invalidating an administrative suspension. The administrative suspension occurred after a DUI arrest by a deputy with the Hillsborough County Sheriff’s Office. The case involved a breath test reading over .08. The hearing officer determined that there was insufficient evidence to support the suspension.

Our client was charged with Boating Under the Influence, under Fla. Stat. Section 327.35 in Hillsborough County. We filed a Motion to Suppress based on no reasonable suspicion for a BUI investigation and no probable cause for a BUI arrest. The motion proceeded to a full hearing before Judge Conrad where the arresting officer testified, as well as our client. After considering the evidence presented and the argument from our attorney, Judge Conrad ruled in our favor and agreed that there was no probable cause to arrest our client for BUI. Our attorney then orally moved to dismiss the entire case based on ruling that excluded all evidence in the case. Judge Conrad again agreed and granted the Motion to Dismiss. Our client successfully avoided any criminal charges or BUI sanctions on January 25, 2024.

On February 14, 2024, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, issued a final order on the results of the formal review hearing. In the order, the hearing officer determined insufficient evidence to support the suspension because the arresting officer, a Sumter County Sheriff’s Office deputy, failed to appear. As a result, the six (6) month administrative suspension for having a BAC of .08 or above was invalidated.

Our client was formally charged with Boating Under the Influence in violation of Fla. Stat. Section 327.35 in Pasco County, FL. We contacted the State several times to highlight problems with their case, specifically the complete lack of evidence. We also provided an independent drug test indicating that no substances had been ingested by our client. After two trial continuances, the State ultimately agreed to Nolle Prosse the charge on February 22, 2024.

On June 18, 2024, an HSMV Field Hearing Officer at the Tampa Bureau of Administrative Reviews (BAR) office issued a final order invalidating our client’s 12-month administrative suspension for the alleged refusal. The hearing officer “determined that there is insufficient evidence to support the suspension because of conflicting evidence or discrepancies.”

On July 8, 2024, a DHSMV Field Hearing Officer with the Bureau of Administrative Reviews in Tampa, FL, issued a final order setting aside the suspension of the driving privilege dated January 3, 2024, for refusal to submit to a breath, blood, or urine test. The order provided: “[u]pon reviewing the facts of the case, the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because of no or improper Implied Consent Warning.” The arresting officer that issued the notice of suspension was a trooper with the Florida Highway Patrol.

On August 21, 2024, the HSMV Field Hearing Officer invalidated an 18-month suspension because there was insufficient evidence to support the suspension since the “DUI evidentiary packet was not received” from the Tampa Police Department in time.

Our client faced DUI charges. After reviewing bodycam footage and police reports, we presented mitigating evidence to the State, leading to a reduction of the charge to reckless driving.

Our client discovered a DUI incorrectly listed on her driving record for over 20 years due to a friend’s arrest under her name. We gathered court-certified documents to clarify the error, enabling her to have the DUI annotation removed and to restore her driving privileges.

Our client was originally investigated for a DUI following a traffic crash. Our client was formally charged with DUI (above 0.15) on December 11, 2023, in a case pending before Polk County Judge Green. We filed a motion to exclude the medical blood results, which were the basis for the enhanced DUI charge. To avoid a hearing on the motion to exclude the medical blood results, the State offered to reduce the enhanced DUI charge to a reckless driving charge for a withhold of adjudication and court costs. Our client was able to avoid probation and having to do any DUI-related sanctions. Our client is also eligible to petition to seal this charge from her record.

Our client was facing a second DUI charge, with the first DUI occurring over 20 years ago. We presented extensive mitigation to the State, highlighting our client’s lengthy military service. Although the State initially sought jail time, we set the case for trial. One week before trial, the State agreed to reduce the charge to a dry reckless, allowing our client to plead to reckless driving with a $500 fine, avoiding harsher penalties.

On December 30, 2024, the HSMV Field Hearing Officer invalidated an administrative suspension because there was insufficient evidence to support the suspension since the “DUI evidentiary packet was not received” from the Tampa Police Department in time.

This client hired our firm in April 2022 after a vehicle crash that ultimately led the State Attorney’s Office to charge the client with DUI and four other charges. In January 2024, after almost 2 years of fighting the charges and filing a motion to dismiss, the state dropped four charges and reduced the DUI to Reckless Driving, in part, because of insufficient evidence of impairment.

Our client faced DUI charges. After reviewing bodycam footage and police reports, we presented mitigating evidence to the State, leading to a reduction of the charge to reckless driving.

Our client discovered a DUI incorrectly listed on her driving record for over 20 years due to a friend’s arrest under her name. We gathered court-certified documents to clarify the error, enabling her to have the DUI annotation removed and to restore her driving privileges.

Our client was originally investigated for a DUI following a traffic crash. Our client was formally charged with DUI (above 0.15) on December 11, 2023, in a case pending before Polk County Judge Green. We filed a motion to exclude the medical blood results, which were the basis for the enhanced DUI charge. To avoid a hearing on the motion to exclude the medical blood results, the State offered to reduce the enhanced DUI charge to a reckless driving charge for a withhold of adjudication and court costs. Our client was able to avoid probation and having to do any DUI-related sanctions. Our client is also eligible to petition to seal this charge from her record.

Our client was facing a second DUI charge, with the first DUI occurring over 20 years ago. We presented extensive mitigation to the State, highlighting our client’s lengthy military service. Although the State initially sought jail time, we set the case for trial. One week before trial, the State agreed to reduce the charge to a dry reckless, allowing our client to plead to reckless driving with a $500 fine, avoiding harsher penalties.

On another case decided on March 1, 2023, our firm conducted a Formal Reviewing to challenge the suspension of our client’s license based on her refusal to submit to a breath, blood, or urine test. The Hearing Officer determined insufficient evidence to support the suspension because the arresting officer failed to appear.

On March 1, 2023, our client’s License Suspension was set aside after a Formal Review Hearing. The Arresting Officer failed to provide the DUI Evidentiary Packet before the Hearing. Therefore, the Hearing Officer determined insufficient evidence to support our client’s license suspension.

On April 28, 2023, the Honorable Mary Catherine Green, County Judge in Lakeland, FL, granted a motion to exclude our client’s breath test. After our client blew into the machine, the results were .112 and .109 g/210L. The breath test machine, called the Intoxilyzer 8000, had the serial number 80-005810. At the motion hearing, we questioned the agency inspector, employed by the Lakeland Police Department, and the department inspector, employed by FDLE. The court concluded:

“the July 9, 2021 agency inspection, which was required before the instrument could be returned to evidentiary use, was not conducted in substantial compliance with 11D-8, FAC, and therefore could not provide sufficient reliability that the instrument met the requirements of FAC to be placed into evidentiary use. Breath results are admissible into evidence only upon compliance with the statutory provisions and administrative rules of the Implied Consent law…. Subsequent monthly agency inspections do not cure the lack of substantial compliance. It is therefore,

ORDERED AND ADJUDGED:

1. The Motion to Suppress or Exclude Breath Test Results for Lack of Substantial Compliance is GRANTED.

2. Defendant’s breath test results are excluded as evidence in this cause.”

This ruling means that all breath tests from July 9, 2021, until the machine was finally pulled out of rotation in April of 2022, should have been excluded from evidence if this issue had been raised.

Judge Suppresses Blood Test Seized in DUI Manslaughter / Vehicular Homicide Case – On June 26, 2023, the Honorable Chris Helinger, Circuit Court Judge in Pinellas County, FL, granted our motion to suppress a blood draw in a DUI Manslaughter and Vehicular Homicide case. We argued that officers with Largo Police Department illegally ordered the seizure of blood from our client without a warrant, consent, or exigent circumstances in violation of the Fourth Amendment of the U.S. Constitution. We also argued our client never authorized the testing of his blood or waived patient record confidentiality with respect to the testing of his blood for its alcohol or drug content in violation of our client’s constitutional right to privacy contained in Article I, Section 23 of the Florida Constitution and Fla. Stat. Section 395.3025. The motion was heard on June 19, 2023, and several officers with the Largo Police Department testified, as well as the EMT who drew the blood and Jenna Chin, a toxicologist with the Pinellas County Crime Lab. The same day the court made its ruling granting our motion, the Assistant State Attorney filed a NOTICE OF APPEAL that the State was appealing the interlocutory order suppressing evidence obtained by search and seizure before trial. The appeal is currently pending in the Second District Court of Appeal.

On August 17, 2023, just days before the jury trial was scheduled to begin, the Assistant State Attorney at the Lakeland Division, dropped the DUI charge pending against our client, which terminated the prosecution. We had previously gotten the court to throw out the breath test results because of problems with how the Lakeland Police Department maintained the breath test machine (as discussed below).

On August 17, 2023, the State amended the boating under the influence (BUI) charge to reckless operation. As part of the negotiated plea, The Honorable Robert G. Dittmer, a county court judge in Pinellas County, withheld adjudication and imposed $289 in court costs with no probation. The withhold of adjudication allowed our client to be eligible to seal the record. The case involved an arrest for BUI by Officer Kyle Freda with the Florida Fish and Wildlife Conservation Commission (FWC). Our client submitted to field sobriety exercises and a breath test with the machine, returning a result over the legal limit of .08.

Our client was originally charged with Driving Under the Influence under Fla. Stat. Section 316.193 in Hillsborough County, FL. We filed a Motion to Exclude Blood Alcohol Results. In order to avoid a hearing on the motion, the State offered our client a reduced charge of Reckless driving. On January 18, 2023, our client entered a plea to the reduced charge of Reckless Driving, avoiding a DUI conviction and any DUI sanctions.

Court Grants Motion to Suppress Evidence During a Prolonged Detention

For a case pending in Pasco County, FL, we filed a motion to suppress or exclude evidence illegally gathered during a prolonged detention. On February 17, 2022, the Court granted the motion, in part, to exclude any evidence after our client indicated to the stopping officer that he wanted to terminate his voluntary participation in Field Sobriety Exercises. The Court issued an order that specifically found that the length of time for the detention at that point became unreasonable. The evidence excluded included all evidence gathered by the arresting officer (who arrived on the scene shortly thereafter) and the alleged refusal to submit to a breath test.

12 Month Refusal Suspension Set Aside 

On February 17, 2022, the HSMV Field Hearing Officer at the Clearwater Bureau of Administrative Reviews (BAR) Office entered a final order setting aside the suspension of driving privileges for refusing to submit to a breath test after an arrest for DUI by an officer with the Clearwater Police Department. The basis for setting aside the suspension was because the arresting office failed to appear at the formal review hearing after properly being served with a subpoena.

Refusal Civil Penalty in a BUI Case Dismissed

Our client was charged with “Refusal to Submit to Breath Test – Boating Citation” in connection with a BUI arrest. After the BUI charge was reduced to a civil infraction for careless boating, the Honorable Dustin Anderson, county court judge, on March 24, 2022, dismissed this civil infraction for refusal as well. Contesting the civil infraction for refusal in a BUI case is important because a second accusation of refusal in the future would otherwise constitute a separate crime punishable by up to 12 months in jail.

18 Month Hard Suspension for Refusal Invalidated

On April 19, 2022, a hearing officer at the Bureau of Administrative Reviews issued an order invalidating a 6 month suspension for driving with an unlawful alcohol level. The suspension was invalidated because the arresting officer with the Brandon Police Department failed to appear for the hearing.

Case Dismissed After Motion to Suppress Granted

On April 20, 2022, the State stood silent on our motion to suppress or exclude evidence illegally gathered during a prolonged detention and request for urine. Our client has submitted to a breath test after a DUI arrest, but the breath alcohol concentration was below the legal limit at .075/.073. After the breath test, the arresting officer illegally requested a urine sample without reasonable cause that our client was under the influence of any chemical or controlled substance.

Driving Under the Influence Charge in Orange County Amended to Reckless Driving

On May 20, 2022, the state agreed to reduce our client’s second DUI charge to reckless driving after we filed a Motion to Suppress based upon an unlawful stop. Our client was found asleep in his vehicle and illegally asked to exit his vehicle for a DUI Investigation. The negotiated plea was a withhold adjudication of guilt to the reduced charge of reckless driving with six months probation, 50 hours of community service with a half buy-out, DUI School Level 2, and Victim Impact Panel.

18 Month Hard Suspension for Refusal Invalidated – 

On July 7, 2022, a hearing officer in Tampa, FL, invalidated a 18 month hard suspension after a refusal to submit to a breath, blood, or urine test. The suspension was invalidated because the arresting officer with the Tampa Police Department failed to appear at the hearing.

12 Month Refusal Suspension Invalidated for DUI in Hernando County – 

On July 27, 2022, the Hearing Officer at the Tampa Bureau of Administrative Reviews (BAR) office issued a final order setting aside the administrative license suspension. In this case, the client was arrested for DUI in Hernando County by officers with the Florida Highway Patrol.

The order provided:

“Upon a review of the case, there is insufficient evidence to support the suspension because there is a lack of competent substantial evidence to support that the petition was driving or in actual physical control of the vehicle. While law enforcement arrived to the scene of a traffic crash and reflected in their report that they ‘made contact with the driver of the red Jeep,’ there was insufficient evidence to indicate how the petitioner was identified to be the driver.”

Third DUI Dropped to Reckless Driving with No Probation – On June 29, 2022, a DUI case pending in New Port Richey in Pasco County, FL, was resolved with a plea to reckless driving under Section 316.192 with a withhold of adjudication with no probation. Because of the withhold of adjudication, our client received no points on his driver’s license.

Our client was originally arrested for a second refusal to submit to breath testing and reckless driving. The arresting officer entered the wrong person’s name on most of the paperwork (although he had our client’s driver’s license which correctly listed his name). As a result, the DHSMV hearing officer was forced to invalidate the one year administrative suspension for the alleged refusal at the formal review hearing.

In the criminal case, we filed a motion to suppress evidence because of a prolonged detention which resulted in some of the state’s evidence being suppressed, including the alleged refusal. The stop officer, Deputy Christopher Ramos, was on leave when the case was last set for trial. Because of all of these problems, the State Attorney’s Office on June 29, 2022, offered to reduce the case to reckless driving under Section 316.192 with a withhold of adjudication and no probation.

The prosecutor had threatened to charge the DUI as a felony because of two (2) prior DUI convictions but had problems obtaining the underlying out-of-state records.

Second DUI Dropped to Reckless Driving – On June 29, 2022, for a DUI case pending at the courthouse in Tampa, FL, in case number 21-CT-0036XX, the court accepted negotiated plea for a second DUI that was reduced to reckless driving with an adjudication of guilt and a requirement to pay court costs. No probation was required. The police reports alleged that our client had a breath test reading of .122 and .131.

BUI Amended to Reckless Boating with a Withhold – In another case resolved on June 29, 2022, our client was charged with boating under the influence (BUI) and a civil infraction with a $500 penalty for refusing to submit to breath testing after the BUI arrest in case number 21-CM-0078xx. Although our client had a prior DUI that had been reduced to reckless, the State agreed to reduce the BUI to reckless boating with a withhold of adjudication and 12 months probation to complete the standard sanctions with automatic early termination of probation when all of the special conditions were satisfied. The civil infraction for refusal was dismissed by the court.

On August 8, 2022, a hearing officer with the Bureau of Administrative Reviews issued a “Final Order Setting Aside the License Suspension.” The order explained that the case was adjudicated under the authority of Chapter 15A-6 of the Florida Administrative Code, and Section 322.2615, Florida Statutes.

The Hearing Officer set aside the suspension of the driving privileges for refusal to submit to a breath test after a DUI arrest by a trooper with the Florida Highway Patrol.

The order explained that after a review of the case, there was insufficient evidence to support the suspension because:

• there was no evidence in the record to establish that implied consent was read to Petitioner by law enforcement;
• the arrest report did not state anywhere in the narrative section that implied consent was read incident to a lawful arrest;
• within the alcohol and drug influence report, the box is checked “no” for implied consent warning given.

On August 10, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear. A copy of the order was provided to the Hillsborough County Sheriff’s Office.

On August 12, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for refusal to submit to a breath, blood, or urine test. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear. A copy of the order was provided to the Florida Highway Patrol.

On October 28, 2022, a HSMV Field Hearing Officer in Tampa, FL, invalidated a suspension for driving with an unlawful alcohol level after a DUI arrest by an officer with the University of South Florida Police Department. The suspension was invalidated because there was insufficient evidence to support the suspension since the DUI evidentiary packet was not received by the DHSMV in time for the hearing.

On September 8, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the breath test operator failed to appear. A copy of the order was provided to the Hillsborough County Sheriff’s Office.

On September 20, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the DUI evidentiary packet was not received. A copy of the order was provided to the University of South Florida Police Department.

On November 21, 2022, a Hearing Officer with the Bureau of Administrative Review in Tampa, FL, entered a final order on the results of the review hearing invalidating the six (6) month revocation after a DUI arrest. The order stated that the hearing officer determined insufficient evidence supported the suspension because the arresting officer with the Tampa Police Department failed to appear at the hearing after being served with a subpoena.

In a different case decided on November 21, 2022, a Hearing Officer with the Bureau of Administrative Review in Clearwater, FL, entered a final order on the results of the review hearing invalidating the six (6) month revocation after a DUI arrest. The order stated that the hearing officer determined insufficient evidence supported the suspension because the arresting officer with the Pinellas County Sheriff’s Office failed to appear at the hearing after being properly served with a subpoena.

Our client was arrested and charged with a DUI. After reviewing the evidence, it was clear that the law enforcement officer in the case did not follow the law and arrested our client without any reason. We filed a Motion to Suppress the evidence where the law enforcement officer acted improperly and arrested our client without any reasonable suspicion or probable cause. Once the Assistant State Attorney read the motion, they agreed. On June 9, 2022, the prosecutor formally reduced the charge from a criminal DUI to a civil traffic ticket for careless driving because the client did not have her headlights on.

18 Month Refusal Suspension Set Aside

On January 14, 2021, the HSMV Field Hearing Officer Samantha Simpkins invalidated an administrative suspension for refusing to submit to a breath test after a DUI arrest in Hillsborough County. The order provided that upon review of the facts of the case, the Department Hearing officer has determined that there is insufficient evidence to support the suspension of the petitioner’s driver license due to insufficient documentation submitted to the administrative hearing to establish probable cause of the arrest “because the DUI evidence packet was not received.”

12 Month Refusal Suspension Set Aside

On March 2, 2021, a HSMV Field Hearing Officer at the Tampa Bureau of Administrative Reviews issued a final order setting aside a 12 month suspension for refusing to submit to a breath test. The order provides: “the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

6 Month Suspension Invalidated When One BAC Reading was Below .08 

On March 3, 2021, a hearing officer with the Clearwater Bureau of Administrative Reviews entered a final order setting aside a 6-month driver’s license suspension triggered after a DUI arrest by an officer with the St. Petersburg Police Department. The order provided:

“[u]pon a review of the case, there is insufficient evidence to support the suspension because the breath test result did not comply with Section 316.193(1)(b) F.S. and Rule 11D-8.002(12) in that the petitioner provided two breath samples, one of which the result was under .08g/210L.”

Although officers might trigger an administrative suspension when one BAC reading is above the legal limit and one BAC reading is below the legal limit, the hearing officer will invalidate the suspension if you request a formal review hearing and make a motion to invalidate the suspension based on a lack of evidence.

BUI in Pasco Reduced to Civil Careless Boating with a Withhold of Adjudication

On April 19, 2021, the day the BUI case was scheduled for jury selection, the court accepted the plea to an amended charge of civil “careless boating” and withheld adjudication. Instead of facing any criminal penalty, the client agreed to pay court costs for a civil violation. The client was then eligible to expunge any criminal record.

The client was originally charged with Boating Under the Influence (BUI) after being detained near the Anclote River Park boat ramp in Pasco County by Officer Miros Petru of the Florida Fish and Wildlife Conservation Commission (FWC). After a Boating Safety Inspection, the client agreed to participate in the seated battery of sobriety exercises including the palm pat task. FWC Officer Damon Pulaski arrived at the scene with a mobile Intoxilyzer 8000 (breathalyzer) in this marked patrol vehicle immediately after the arrest.

We filed and litigated a motion to suppress evidence, in part, because of an illegal detention, failure to properly administer the field tests, and a lack of probable cause for the arrest. Although that motion was denied, the prosecutor ultimately agreed to reduce the case from the criminal offense to a civil violation of “careless boating” under Section 327.33(2) a few days before the jury selection was scheduled to begin.

DUBAL Six (6) Month Administrative Suspension Set Aside

On June 18, 2021, a HSMV Field Hearing Officer at the DHSMV’s Bureau of Administrative Reviews office issued a final order that set aside the administrative suspension of our client’s driver license for driving with an unlawful alcohol level (DUBAL). The order provided:

“Upon reviewing the facts of the case, the Department Hearing Office has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

A copy of the order was provided to the Hillsborough County Sheriff’s Office.

Twelve (12) Month Refusal Suspension Set Aside

On July 19th, 2021, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews entered an order setting aside the suspension for refusal. The case involved a DUI arrest by an officer with Florida Fish and Wildlife Commission. The hearing officer determined “that there is insufficient evidence to support the suspension because the DUI evidentiary packet was not received.”

Criminal BUI Amended to Civil Infraction for Careless Boating

Our client was charged with boating under the influence (BUI) in Pasco County, FL, at the West Pasco Judicial Center courthouse in New Port Richey. On August 6, 2021, the prosecutor agreed to amend the criminal charge of BUI to a civil infraction for “careless boating” under Section 327.33(2), F.S. for a case pending before Judge Debra Roberts.

The case was resolved after we filed a motion that alleged:

1. FWC Officer Forest Rothchild had no legal basis to demand that the two men on jet skis “come over” to be detained at the dock located at 926 Marine Pkwy, New Port Richey, FL 34652 (Gulf Harbors Yacht Club).
2. Officer Rothchild, along with FWC Officer Damon J. Pulaski, lacked the necessary reasonable suspicion that Defendant was impaired in order to initiate a BUI investigation or perform the HGN and continue the detention for additional evaluation.
3. The officers conducted HGN incorrectly because the subject’s eyes were too far below the stimulus, the officer only made 4 passes with the stimulus, the stimulus was not held in the correct location or for the correct length of time, and the officer had insufficient training and experience to conduct HGN or evaluate the subject’s performance under the particular circumstances of this case.
4. Miranda warnings were never read.

The court agreed to the negotiated resolution to amend the BUI charge to a civil infraction for careless boating, withhold adjudication, and imposed a civil penalty of $111 with additional costs of $250 after showing proof that our client completed an evaluation and took a boating safety course.

Twelve Month Administrative Suspension for Refusal Invalidated

On September 20, 2021, HSMV Field Hearing Officer George L. Winslow, Jr., issued an order invalidating the 12 month administrative suspension. The administrative suspension was triggered by an officer with the Orange County Sheriff’s Office after a DUI arrest involving a refusal to submit to a breath test.

At the hearing, we argued that the suspension should be invalidated because the investigatory stop was not based upon a lawful well-founded suspension that our client was or was about to become involved in criminal activity.

In our case, our client was asleep or unconscious, properly parked in a marked paved parking lot, engine off, sitting behind the wheel of the vehicle. Our client awoke on his own as a Deputy stood outside the vehicle. The Deputy’s report states that he observed our client to be disoriented, and his eyes were bloodshot.

The Deputy asked our client to exit the vehicle and our client asked if he had to get out. The Deputy responded that he needed to exit the vehicle so that the Deputy could see if he was alright. After he exited the vehicle the Deputy then reported seeing additional clues of impairment that eventually resulted in the DUI arrest and refusal.

DUI Reduced to Reckless

In another case resolved on October 12, 2021, in Division E of County Court in Hillsborough County at the courthouse in Tampa, the prosecutor agreed to reduce the DUI charge to reckless driving even though the client was not eligible for RIDR because of a crash. The negotiated plea was an adjudication of guilt to the reduced charge of reckless driving with 12 months probation to pay a $500 fine plus court costs, 6 months with the ignition interlock, 75 hours of community service with a half buy out, and automatic early termination of probation when all special conditions of probation were completed.

DUI Reduced to Reckless Driving

On October 12, 2021, the state agreed to reduce a DUI charge to reckless driving even though the client was not eligible for RIDR because of their prior record. The negotiated plea was an adjudication of guilt to the reduced charge of reckless driving with 12 months probation to pay a $500 fine plus court costs, 50 hours of community service with a half buy-out, and automatic early termination of probation when all special conditions of probation were completed. The case was resolved in Division E of County Court in Hillsborough County at the courthouse in Tampa.

Court Grants Motion to Suppress Evidence of Refusal after Recantation

For a case pending in Hillsborough County, on November 29, 2021, the Court granted our motion to suppress evidence of an alleged refusal to submit to a breath test after hearing testimony from the arresting officer. The arresting officer testified that our client was arrested for BUI. Shortly after the arrest, our client was escorted into the FWC administrative building adjacent to the Gandy boat ramp. Once inside and seated, Defendant said that he would take the breath test and unequivocally recanted the alleged refusal, but the arresting officer told him he already refused and it was too late. We argued that when our client agreed to take the breath test he had been in the continual custody of the arresting officer and was under observation for the entire time. Honoring such a request would not have resulted in any substantial inconvenience or expense to law enforcement. The testing equipment and personnel were still available. The subsequent test would still have been accurate since such a short time had passed since the arrest. As a result, the Court granted our motion to suppress any mention of the request for a breath test, the reading of implied consent, or the alleged refusal.

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.”

12 Month Refusal Suspension Set Aside at Tampa BAR

On September 25, 2020, the hearing officer set aside a 12 month suspension for a second refusal after a DUI arrest by an officer with the Pasco County Sheriff’s Office. In this case, we did not subpoena any witnesses because the information in the packet was insufficient, on its face, to support the suspension. At the hearing, we made several objections to show all the problems. The hearing officer issued an order that invalidated the suspension after determining that “there is insufficient evidence to suppose the suspension because of conflicting evidence or discrepancies.”

6 Month DUBAL Suspension Set Aside at Tampa Bar

On October 6, 2020, a hearing officer with the Tampa Bureau of Administrative Reviews issued a final order setting aside a 6 month driver’s license suspension for having an unlawful alcohol level because of “insufficient evidence to support the suspension because the arresting officer failed to appear.” The arresting officer was a trooper with the Florida Highway Patrol.

Petition for Writ of Certiorari Granted and Suspension Quashed

On October 27, 2020, the Chief Judge in Polk County, FL, The Honorable Ellen S. Masters, issued an order granting our petition for writ of certiorari and quashing the administrative suspension. We filed the writ after the hearing officer improperly denied our request to invalidate an administrative suspension.

In this case, the hearing officer inadvertently set the hearing for October 20 instead of November 20. After realizing the mistake, the hearing officer failed to correct the mistake within the 30 day deadline. After the 30 days passed with no hearing being properly scheduled, we filed a motion to invalidate. Instead of just invalidating the suspension as required by statute, the hearing officer continued the hearing and then ruled on the merits after several witnesses testified.

After the hearing officer upheld the suspension, we filed a Motion for Reconsideration and Demand for Attorney Fees and Costs on February 14, 2020, pursuant to Section 57.105, Florida Statutes. We then filed the “petition for writ of certiorari” which was ultimately granted.

On appeal, the Court noted that the DHSMV was wrong when it alleged the issue was not preserved for review and found the DHSMV’s arguments to be “insincere.” The Court also admonished the DHSMV when it wrote:

“…the Hearing Officer determined that Petitioner’s attorney should not raise an objection to the scheduling error when the Department has previously afforded the benefit of a continuance or temporary driving permit to the attorney’s other clients. That is not the standard outlined by Florida Statutes. Similarly, the Court is not persuaded by the Department’s suggestion that professional civility required the Petitioner’s attorney to “pick up the phone” or otherwise alert the Department to correct the error even if such action is contrary to the best interest of the attorney’s client.”

6 Month DUBAL Suspension Set Aside at Clearwater BAR

On December 4, 2020, the HSMV Field Hearing Officer at the Clearwater BAR invalidated an administrative suspension for driving with an unlawful breath alcohol level. The order provided: “[u]pon review of the facts of the case, the Department Hearing officer has determined that there is insufficient evidence to support the suspension of the petitioner’s driver license due to insufficient documentation submitted to the administrative hearing to establish probable cause of the arrest. (No arresting agency evidence packet).”

In a Final Order on Results of Review Hearing, a HSMV Field Hearing in the Bureau of Administrative Review office in Clearwater, FL, set aside a suspension for refusal to submit to a breath, blood, or urine test because the probable cause affidavit was not attested by the arresting officer with the Manatee County Sheriff’s Office.

Our client was charged with Boating Under the Influence after being arrested for allegedly operating a boat while under the influence of cannabis. Upon receiving urinalysis results showing only the presence of a metabolite of THC, our office presented the State with a Motion to Dismiss the charge based on the State’s inability to prove that our client was under the influence at the time he was operating the boat. Upon reviewing the motion, the State agreed to reduce the charge to Careless Operation of a Vessel, which is a non-criminal civil citation.