DUI Cases in Brooksville, FL
The Brooksville Police Department was decommissioned by the Brooksville City Council on May 14, 2018. After the city’s police department was disbanded, its 8,000 residents now depend on the Hernando County Sheriff’s Office to protect their safety and property.
The Brooksville City Council voted to enter a contract with Sheriff Al Nienhuis to provide law enforcement services in the city for close to one million dollars per year. The contract included credits for leasing the police department building and equipment previously owned by Brooksville Police Department.
Since then, most DUI citations in Hernando County, FL, are issued by the following law enforcement agencies:
- the Hernando County Sheriff’s Office (HCSO); and
- the Florida Highway Patrol (FHP).
Attorney for DUI Cases in Brooksville, FL
If you have been charged with DUI in Hernando County, then contact an experienced drunk driving attorney for case prosecuted in Brooksville, FL.
During the consultation, we explain how the entire process works so that you know what to expect. It is also important that you know what steps you need to take during the first 10 days after your arrest to protect your driver’s license.
It is also important that you know what steps you need to take during the first 10 days after your arrest to protect your driver’s license. Call us to find out why we always recommend demanding a “formal review hearing” instead of stipulating to the DUI finding on your driving record by seeking an immediate hardship license.
If you hire us to demand the formal review hearing to contest the administrative suspension, we can help you obtain a 42-day permit so that you can keep driving to work and school.
Call (813) 250-0500 to discuss your case.
10 Days to Demand a Formal Review Hearing
Remember that you only have 10 days after your arrest to file a request for a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you fail to do you, your driver’s license will be automatically suspended for a period of six (6) months for a breath test reading over the legal limit of 0.08 or for a period of one year for an alleged refusal to submit to chemical testing.
Demanding the formal review hearing is the ONLY way to contest that suspension. If you don’t demand the formal review hearing, the suspension will remain on your driving record for the next 75 years.
If your license has previously been suspended after a DUI arrest, you may be facing a driver’s license suspension of twelve (12) to eighteen (18) months. If your driver’s license is administratively suspended after a DUI arrest, you may be able to apply for a hardship license after serving out a “hard suspension” period during which you can not drive for any reason.
If you took the breath test and blew over the legal limit, then a 30-day hard suspension will result, meaning that you can not drive for any reason for 30 days. If you allegedly refused to take the breath test, then your hard suspension will be for 90 days for a first offense. The only way to avoid this suspension is to fight and win your Formal Review Hearing with the DMV.
For a first DUI arrest, the driver also has the option of avoiding the 30 or 90-day hard suspension completely, but only if the driver waives any right to a review hearing to contest the administrative suspension. To exercise the option the driver must appear in person at the Bureau of Administrative Review with proof of enrollment in DUI school within 10 days of the arrest.
Hiring an Attorney to Fight a DUI in Brooksville, FL
Hiring an attorney early in the process allows you to fight the administrative suspension of your driver’s license. At the formal review hearing, your attorney can subpoena any of the law enforcement officers that were involved in your arrest to provide testimony under oath that is recorded.
That testimony from the formal review hearing can later be used during the motions to dismiss, or motions to suppress hearing. This formal review hearing is particularly important in misdemeanor DUI cases because your DUI attorney does not normally have the opportunity to take a deposition of the officers involved in your arrest before a motion hearing or trial.
Recent Case Results:
DUI with breath test reading of .160 and .172 with Property Damage Reduced to Reckless (Adjudication Withheld) (2011CT-001808xxaxmx)-
On January 12, 2012, in a drunk driving case pending before the Honorable Donald Scaglione, County Court Judge in Brooksville, Hernando County, FL, the prosecutor offered to reduce the DUI case with a high blow of .160 and .172 to reckless driving. Judge Scaglione agreed to accept the plea and withhold adjudication so that the client would be eligible to seal any record of the arrest and prosecution. The client agreed to pay a fine and court costs, and complete 50 hours of community service. The client was accused of DUI after a single vehicle car crash in which it was alleged he lost control of his vehicle and it left the roadway and struck a tree. The case was resolved after we filed several motions attacking the qualifications of the breath test operator and agency inspector, and alleged abnormalities with Hernando County’s DUI breath testing procedures, including an allegation that the breath test instrument was not in substantial compliance with Florida’s Administrative Codes.
Did you know that in 2010 the person who maintained the Intoxilyzer 8000 breath test instrument resigned in protest after she discovered that officials with the Hernando County Sheriff’s Office were tampering with the instrument and destroying video of their misdeeds? Since this incident, the problems with breath testing at that agency have continued.
This article was last updated on Friday, June 24, 2020.