DUI Cases in Brooksville
Officers with the City of Brooksville Police Department issued 11 DUI citations in 2015-2016, and 15 DUI citations in 2016-2017. Other local agencies involved with DUI enforcement in Brooksville, FL, and the surrounding areas in Hernando County include 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.
The Benefits of Hiring an Attorney Early in the Process to Fight your DUI Arrest
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.
Case Results for DUI Breath Test in Hernando County
Many of our potential clients ask the same question. “What kinds of DUI cases have you taken in the past and what was the outcome.” If you would like to view a recent case you must read the disclaimer and acknowledge below that you would like to see the results which will then be displayed on this page.
- Disclaimer: The Florida Bar does not approve or review the case results that criminal defense attorneys provide on their website. If you would like to learn more about our recent case results and statements regarding the quality our work, then you must acknowledge that you have read this disclaimer by clicking on the “I agree” button:
- The facts and circumstances of your DUI case may differ from the facts and circumstances of the cases we discuss here.
- Not all results are provided.
- The DUI case results discussed here are not necessarily representative of the results obtained in all cases.
- Each case is different and must be evaluated and handled on its own merit.
Contact the Sammis Law Firm today to fight out what steps you must take in the 10 days after your arrest to preserve all of your options for the best result. Call (813) 250-0500 today.
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, May 11, 2018.